A husband who has no property division, alimony, or child support... "Can a single-parent family benefit?"

□ Broadcast date and time: December 3, 2024 (Tue)
□ Host: Attorney Jo In-seop

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.

◆ Lawyer Cho In-seop (hereinafter referred to as Cho In-seop): I am with lawyer Song Mi-jung of Lawhouse Jodamso for you. Hello.

◇ Lawyer Song Mi-jeong (hereinafter Song Mi-jeong): Hello, I'm lawyer Song Mi-jeong from Shinsegae Law Firm.

◆ Jo In-seop: Let's first talk about what kind of concerns you have if you come to the counseling center today.

■ DEAR READER: First of all, let me explain my husband. My husband is the most important person in the world who has no interest in anything but money. I also have a history of easily getting excited because I have an anger control disorder and sometimes violent behavior while working. Nevertheless, I thought my husband would care about his children dearly. But my husband used to use violence against his children as well. Eventually, I couldn't stand it and filed for divorce from my husband. In this lawsuit, we claimed property division, alimony, designation of parental and caregivers, and child support. My husband agreed to divorce. He said he also agreed to designate children's parental rights and caregivers. However, he did not concede on the money and said he could not give alimony and child support as well as property division. In the first trial, a parental authority and a caregiver were designated as me, and a ruling was made to pay alimony and property split money to my husband. Then my husband appealed for the split and the appeals court argued only for it. I thought I was divorced because I'm not arguing about divorce at the appeals court. So I tried to get a confirmation certificate of divorce to report a divorce to receive single-parent family benefits. However, the court refused to issue a confirmation certificate for the divorce, saying the lawsuit had not yet been confirmed. In fact, it's too tight for me to live while raising my children. What should I do to get single-parent family benefits?

◆ Jo In-seop: In the case of lawyer Jo In-seop's counseling center, it seems that the lawsuit is still ongoing. However, in the divorce lawsuit, divorce claims and now incidental lawsuits, alimony property division, and parental rights custody expenses are being carried out together. What is the reason for that?

◇ Song Mi-jung: Yes, it's rare to only file for divorce in a lawsuit. Along with the divorce claim, several claims will be filed, including alimony, property division, parental custody designation, child support interview, and negotiations, which presuppose that a divorce will be established. If you do this many things together, it's to solve it at once. These things that are filed with divorce claims are called incidental lawsuits. And since these claims are carried out in one piece with divorce, even if the judgment on whether the divorce is established, which is the premise of the unit's lawsuits, is completed, most of them do not separate the divorce claim and decide it as a single judgment after the hearing of the remaining claims is completed.

◆ Cho In-seop: Yes, so if you say that the two sides did not appeal the divorce itself in the divorce lawsuit, wouldn't the divorce be confirmed?

◇ Song Mi-jung: Yes, you have to file a divorce report to be divorced, and in the case of divorce by lawsuit, you need to be a certified public official to file a divorce report. The certificate of confirmation is a document that proves that the judgment has been confirmed. In the case of divorce by lawsuit, a certificate of confirmation can be issued only after the judgment is confirmed. Therefore, until the ruling is confirmed, even if we are no longer arguing about divorce and arguing about other things, we cannot get a confirmation certificate, so we cannot actually file a divorce report, so the divorce will continue. In addition, even if the judgment is made in the first trial and only one of the several claims is appealed, the confirmation of the first trial is blocked due to the part of the objection. And the entire case goes up to the appeals court, so the entire first trial ruling is not confirmed until the appeals court is confirmed. In principle, the effect of blocking the final decision and the effect of the second trial are inseparable from the entire judgment of the lower court regardless of the appellant's objection limit. This is an indispensable principle. And this principle of indispensable appeal also applies to the case where the plaintiff appeals in the part where the plaintiff lost or the defendant appeals in the part where the plaintiff won, blocking the confirmation of all the first trial rulings. That's why even if your husband didn't appeal anything else and only appealed the property division, all of the first trial rulings, including divorce claims, would be blocked from being finalized and all of the first trial rulings would go up to the appeals court. However, neither the counselor nor the husband appealed for divorce, so the rest of the claims except for the property division will be excluded from the trial by the appeals court. Even if your husband appeals to the Supreme Court in defiance of the appeals court, you cannot belatedly object to divorce and alimony parental custody child support, which were not subject to the appeals court's judgment. Since divorce claims and other claims are tied up in one lawsuit, they no longer argue about divorce, so they are divorced in common sense, but the ruling has not been finalized legally, making it not a divorce.

◆ [Jo In-seop] Yes, I see. Then, when several claims are filed together in a divorce lawsuit like this, what happens to the time when this divorce is confirmed? In fact, I think there will be a number of problems that are now imposed regarding the timing of this divorce.

◇ Song Mi-jeong: If there are multiple claims like this, only a part is confirmed, and if the other part is not confirmed, the part that has been confirmed first remains virtually undecided, which can be a problem. Everything needs to be confirmed to be confirmed now. And if it's about money, there's a way to execute it in advance by attaching provisional execution in the first trial.

◆ Cho In-seop: The four provincial government can now receive money in advance before it is confirmed, right?

◇ Song Mi-jung: Your divorce claim is not subject to provisional execution, so you have to wait until the ruling is finalized to get a divorce. In common sense, even though it is a divorce, it is tied up as a single lawsuit, so even if you apply for a confirmation certificate in practice, the application for a confirmation certificate will not be accepted because the judgment has not been confirmed. In particular, there is an opinion that the system needs to be improved because this can be a big problem for those who need single-parent family assistance, such as counselors, or those who are at risk of ending their lawsuits due to death while filing for divorce due to their old age.

◆ Cho In-seop: If you say yes, what should I do to get alimony and child support in this situation?

◇ Song Mi-jeong: Most of the first trial rulings are sentenced, and most of the parts that we don't argue with now are often arbitrarily paid by the other party, especially for money. And especially for alimony, 12% interest is added from the judgment, so the paying side tends to pay quickly. If you are not paying arbitrarily, alimony and child support will be subject to provisional execution, so you can enforce it.

◆ Cho In-seop: Yes, so to summarize the contents of the consultation so far, in the divorce lawsuit, there are several claims along with the divorce claim. When filing for divorce, the rest of the claims will now be concluded with a single ruling. This divorce requires a divorce report and a final ruling. If there is an appeal to the Supreme Court of Appeals, the final decision of the judgment is blocked, so it is actually a divorce, but not a divorce by law. In this regard, it seems necessary to improve the system. So far, I've been with lawyer Song Mi-jung.

◇ Song Mi-jeong: Thank you.

◆ Cho In-seop: You can listen to Cho In-seop's counseling center again on YouTube and on the website. If you have any questions or suggestions, please leave a message on the consultation board on the website.