Supreme Court: Grandfather Raising Grandchild Instead of Deceased Daughter Can Claim Child Support from Son-in-Law

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[Asia Economy Reporter Kim Daehyun] The Supreme Court has ruled that grandparents raising their grandchildren in place of their deceased children can claim child support from the non-custodial parent (the father or mother who does not raise the child).

On the 8th, the Supreme Court's 2nd Division (Presiding Justice Lee Dongwon) announced that it upheld the appellate court's partial ruling in favor of the plaintiff in the child support claim appeal filed by B, the father of A who passed away five years ago, against son-in-law C.

Previously, A married C in 2006 and had a child. After separating in 2012, A raised the child alone. A filed for divorce in 2014, but the lawsuit ended two years later when A passed away. Subsequently, B raised the grandchild in place of his deceased daughter and was granted custody by the family court. Meanwhile, C, whose custody rights were limited, stopped paying the monthly child support of 700,000 won after A's death.

The first trial dismissed the claim, stating that B did not have the standing to file the claim. This was because current Civil Law and Family Litigation Act provisions do not allow a minor guardian to preemptively claim future child support from the non-custodial parent. However, the second trial recognized B's standing and ruled that C must pay part of the child support to B.

The Supreme Court also agreed with the second trial's judgment and dismissed C's further appeal. The court stated, "A minor guardian who has custody of a minor child can analogously apply Article 837 of the Civil Act to file a child support petition against the non-custodial parent." Article 837 of the Civil Act is a general provision regulating 'matters concerning child support' when parents cannot raise their minor children due to divorce or other reasons. Analogous application refers to applying related legal provisions that deal with similar matters when there is no specific law.

It further emphasized, "Considering the importance of securing child support in a timely manner for the stable growth of the minor child, and that affirming the minor guardian's claim for child support aligns with the concept of justice for the child's welfare."

A Supreme Court official stated, "If we strictly adhere to the wording of current laws, there is no way for a minor guardian to claim future child support from the non-custodial parent," adding, "In the legislative gap, the court has taken the legislative spirit of the statutory law into account and allowed the analogous application of Article 837 of the Civil Act to minor guardians, presenting a desirable direction that better aligns with the welfare of minor children. This is the first ruling of its kind."

This content was produced with the assistance of AI translation services.