The child support table is only a starting point

People looking into child support usually start by finding the Child Support Calculation Table (양육비 산정기준표). Match the bracket for the parents' combined income with the child's age and an amount comes out, so it looks simple. But the amount actually set by the court often differs from the number in the table.

How to read the table

Based on the Child Support Calculation Table published by the Seoul Family Court, the court finds the standard child support amount that matches the parents' combined income and the age and number of children. It then divides this amount according to the ratio of the parents' incomes to set the share to be paid by the parent who does not live with the child. For example, if the two parents earn about the same, roughly half the standard amount is calculated as the non-custodial parent's burden, and if one parent earns much more, a larger share in proportion to that parent's ratio is calculated.

The first point of dispute here is income. For salaried workers it is relatively clear from the withholding tax receipt, but for self-employed people and freelancers, reported income and actual standard of living often differ. In that case, you argue for the actual income to be estimated from card spending records, vehicles and housing, and business sales data, and if necessary you apply for a property disclosure order (재산명시) and a property inquiry (재산조회).

Circumstances that add or subtract

The table's amounts assume an average household, so the court can increase or reduce them depending on the circumstances. The circumstances we often deal with in consultations are these.

• Where the child needs long-term treatment or has a disability and costs are high
• Where the child has been receiving costly education, such as in the arts or sports, consistently since before the divorce
• Where the parents have substantial assets relative to their income
• Where the paying parent has other family members to support
• Where the custodial parent's housing costs are low, for example because they use the home they live in with the child without paying for it

The side arguing for an increase must show the costs actually spent with receipts and account records, and the side arguing for a reduction must show income and support burdens with documents. Arguments made only in words find it hard to move the numbers in the table.

The calculation also differs depending on the number of children. The amounts in the table are per child and assume a household with two children, and the table also explains how to adjust the amount where there is one child or three or more. Where siblings are raised separately by each parent, the arrangement is sometimes that each parent calculates the share for the child they raise and only the difference is paid.

After adulthood, and later changes

Child support set by the court is in principle for costs until the child reaches adulthood. Costs after adulthood, such as university tuition, can be claimed under an agreement if the parents have made one separately, so if you want this, write down how the costs will be shared in the agreement at the time of divorce.

If circumstances change after the amount is set, you can claim an increase or reduction. The child moving on to a higher level of school, or the paying parent losing their job, can be grounds for this. However, the paying parent must know that if they reduce payments on their own without a court decision, the difference simply builds up as unpaid child support. The number in the table is the starting line for negotiation, and the conclusion is shaped by the evidence.