"Ex-Wife Who Went on Overseas Trip Leaving Two Kids with 50 Million Won Child Support... Can the Money Be Recovered?"

Child Support Delivered to Biological Mother Who Took Custody and Parental Rights
"She left the child and then asked how it was to raise them continuously"

A husband’s story has been shared about wanting to get back 50 million won in child support after his divorced wife received the money but did not properly take care of their child.

On the 9th, YTN Radio’s 'Attorney Jo Inseop’s Counseling Center' featured the story of husband A, who wants to reclaim child support from his ex-wife.

A citizen in Dongsung-ro, Jung-gu, Daegu, is putting a sun hat on their child while moving.
[Photo by Yonhap News]

A divorced three years ago. He thought their son would need his mother more than his father, so custody and parental rights were given to his ex-wife.

He explained, "The child’s mother asked me to take care of the child for just one month, so I was really busy going to work and taking the child to daycare," adding, "She said she would visit a cousin living in France using part of the 50 million won I gave her as child support."

He continued, "A month later, the ex-wife who took the child contacted me again after four days," and said, "After returning from France, she wanted to open a bakery. She said she wanted to help a friend who owns a bakery and asked me to take care of the child during that time."

The ex-wife moved to Gongju, Chungnam, where the bakery was located, and said she would come to pick up the child in the fall, but she did not keep her promise. Their son, who was five years old at the time of the divorce, was now about to enter elementary school.

A said, "My wife said she was living in a studio apartment and asked if I could just raise the child like this," adding, "I thought that might be possible and was somewhat prepared for it, but I’m curious about what happens to the 50 million won I gave as child support in this case, and what I should do about the child support I haven’t received so far."

Attorney Jo Inseop said, "In A’s case, it can be seen that there was a new agreement between the spouses regarding the caregiver, with the spouse saying, ‘You raise the child,’" and added, "A should be able to receive child support for the past three years."

Regarding the 50 million won given as child support, he added, "If 50 million won was paid in advance as child support and this was explicitly stated, but the spouse did not take care of the child, A can seek restitution for unjust enrichment under Article 741 of the Civil Act."

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