"The child is still growing..." Obstacles after obstacles to receive child support, legal blind spots remain

'Child Support Enforcement Act' Implemented but Lacks Effectiveness
Proposal for State 'Advance Payment and Recovery' 'Child Support Advance Payment System'
"Simplify Complex and Unnecessary Child Support Litigation Procedures"

The "Act on Securing and Supporting Child Support Payment," which strengthens sanctions against non-custodial parents who fail to pay child support, has been implemented, but there are still many limitations being pointed out. Photo by Getty Images Bank

[Asia Economy Reporter Kang Juhee] Although the "Act on Securing and Supporting Child Support Payment (Child Support Enforcement Act)" that strengthens sanctions against non-custodial parents who fail to pay child support has been implemented, there are still concerns that it has limitations in preventing intentional non-payment cases.

The Child Support Enforcement Act, which allows measures such as △driver's license suspension △travel ban △public disclosure of names against parents who do not pay child support, came into effect on July 13. Accordingly, last month, travel bans were imposed on two child support defaulters, and driver's license suspensions were decided for six individuals for the first time. This law was created with the purpose of strengthening the enforcement of payment by child support debtors, viewing the issue of unpaid child support as directly related to children's right to survival.

However, despite the enforcement of this law, there are many criticisms that loopholes still exist. This is because the law requires complicated procedures before it can be applied, and even when applied, the measures are temporary or the sanctions are not very effective.

◆ Child Support Enforcement Act: It takes 2 to 3 years to receive a detention order as a prerequisite

First, for the Child Support Enforcement Act to be applied to a debtor, a detention order from the court is required. A detention order means confinement in a detention center or jail and is the strongest sanction that can be imposed on a debtor. If the debtor fails to pay child support within one year from the date the detention order is decided, they face "imprisonment for up to one year or a fine of up to 10 million KRW."

The problem is that the procedure to obtain a detention order is complicated, and even after completing this procedure, if the debtor changes their address or moves fraudulently, enforcement becomes impossible. Usually, custodial parents must file enforcement order lawsuits and detention lawsuits to receive unpaid child support, and it takes as long as 2 to 3 years for all procedures to be completed.

Moreover, detention can only be enforced by the police in the jurisdiction of the debtor's address, so if the debtor changes their address, the lawsuit may have to be restarted from the beginning. If the debtor's whereabouts are unclear, enforcement is practically impossible. Custodial parents have to endure complicated lawsuits for a long time to receive urgently needed child support, and even afterward, it remains uncertain whether they will be able to receive child support. Furthermore, detention must be enforced within six months after the court order, and if not enforced within this time, the custodial parent must reinitiate the lawsuit.

Children going to school. The photo is not related to any specific expression in the article. Photo by Yonhap News

◆ The law is still weak to pressure 'bad parents' who do not pay child support

The Child Support Enforcement Act allows sanctions such as driver's license suspension, travel ban, and public disclosure of names against debtors. However, upon closer examination, there are many criticisms that the sanctions are still weak to effectively collect child support.

In the case of travel bans, unpaid child support must be at least 50 million KRW to be applicable. For example, if child support is set at 300,000 KRW per month, the debtor must fail to pay for at least 13 years for a travel ban request to be possible. Last month, the government imposed travel bans on two child support debtors whose debts amounted to 117.2 million KRW and 125.6 million KRW, respectively.

Regarding driver's license suspension, there is no minimum debt amount, but the suspension can only last up to 100 days, leading to criticism that it lacks effectiveness. Even this is exempted if driving is the debtor's livelihood. The system of publicly disclosing the debtor's name, age, occupation, address, debt amount, and debt period on the Ministry of Gender Equality and Family's website also faces criticism for its limitations in strongly pressuring debtors due to many people having the same name.

Members of the Child Support Resolution Group are walking to the Seoul Central District Prosecutors' Office in Seocho-dong on July 7 last year to submit a complaint against those who have not paid child support. Photo by Yonhap News

◆ Proposal for a 'Child Support Advance Payment System' where the state pays first and recovers later

As such, there is a growing demand for a more fundamental solution to strengthen child support enforcement. In the political arena, calls have been made for a major change to solve the problem of unpaid child support.

Lee Jae-myung, the Democratic Party presidential candidate, announced on the 31st of last month that child support is "a matter of children's survival" and pledged to promote a "Child Support Advance Payment System." This system involves the state paying the child support to the custodial parent on behalf of the debtor and later recovering the amount from the child support debtor.

In a post on Facebook that day, Lee said, "According to the Ministry of Gender Equality and Family, child support responsibilities start from as low as 10 million KRW and can exceed 100 million KRW," adding, "If there had been even minimal responsibility toward the child, such staggering amounts would not have accumulated."

He continued, "Travel bans and driver's license cancellations are progressive achievements but still far from sufficient," and said, "For single-parent children, the state will first pay child support and then seek reimbursement from the child support debtor afterward, making a fundamental shift."

Experts also pointed out that while the Child Support Enforcement Act is a significant achievement, the complex litigation procedures and exceptions mean sanctions against debtors are not strong. Kang Minseo, head of the Child Support Resolution Group, said, "Custodial parents still have to go through lawsuits that take two to two and a half years to receive child support. Debtors should feel pressured to pay, but it seems we are only giving them more time," adding, "Unnecessary and complicated procedures must be simplified. Children desperately need child support. During the long time spent on lawsuits, and even now, children are growing up," she emphasized.

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