When child support needs to go up or down

Whichever side you are on, start by organizing the following.

• Check whether the document setting child support is a judgment, a mediation record or a child support protocol.
• Write down what has changed between then and now: the child's grade at school, any treatment, both parents' incomes and jobs, new family members and so on.
• Get your latest income documents (withholding tax receipt, certificate of income amount).
• First talk with the other parent about whether you can agree in writing. If you agree, you can record it in a mediation record.

If education costs have increased because the child moved up to a higher school, a serious illness has brought medical costs, or so much time has passed that prices have risen sharply, you can ask for an increase. A large rise in the other parent's income since the original decision is also a relevant circumstance.

Check the amount that fits the child's current age and both parents' incomes in the Child Support Guidelines (양육비 산정기준표) the court uses, and show actual spending with receipts for tutoring and medical bills.

If the amount was set low because the child was young at the divorce, the key is showing that actual spending rose sharply as the child moved on to elementary and middle school. Dated material works well for spending records, such as tutoring receipts, records of buying school uniforms and textbooks, and medical receipts.

If your income has dropped sharply through no fault of your own, for example because you were laid off for business reasons, your business closed, or a serious illness left you unable to work, you can ask for a decrease. If you quit voluntarily or appear to be hiding income, it is unlikely to be accepted.

Remarriage alone does not lead to a decrease. Explain how long the reduced income is expected to last, and show with material your efforts to find work again.

Along with material showing why your income dropped, such as records of unemployment benefits, a certificate of business closure or a medical certificate, you need to organize how your current living costs are spent. If you have steadily paid child support until now, records of that also add credibility.

If the paying parent reduces or stops payments without a court decision, the difference from the original amount becomes overdue child support as is. They may face sanctions such as a performance order, detention or suspension of their driver's license.

The receiving parent also must not block visits with the child because a request for more support is not accepted. Visitation and child support are separate obligations.

Even if you got the other parent's understanding by phone to 'send less just this month', it will become a dispute later if that promise is not recorded. If something comes up, leave a record by message, and if it is a long-term problem, ask for a change right away.

Changing child support is a change of a disposition on the child's upbringing and is a Category Ma non-contentious family case (Family Litigation Act (가사소송법) Article 2). You file for mediation (조정) with the family court, and if no agreement is reached, it is decided by a ruling. Until the decision comes out, the original amount must continue to be paid.

The decision also sets from when the changed amount applies, so if circumstances have changed, file without delay.

Even if you agree on an amount with the other parent, if it is recorded only in messages or a pledge, it is hard to enforce later. If you file for mediation and record it in a mediation record (조정조서), you can use that record to apply for a performance order or a direct payment order. It is also a good idea to settle costs after adulthood, such as university tuition, at the same time.

At Jisan Law, the managing partner consults with you personally and calculates the amount to claim by comparing the guideline amount, actual spending and changes in income. If agreement is reached in mediation, we clearly record in the record everything from the payment date and account to the sharing of large costs such as university tuition.