[Chatting] Child developmental disability after divorce...Can I claim child support from my remarried husband?

□ Broadcast date and time: 01/08/2025 (Wednesday)
□ Host: Attorney Jo In-seop
□ Cast: Attorney Jeong Du-ri

* 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): Lawhouse for you, with lawyer Jung Du-ri.

◆ Lawyer Jung Du-ri (hereinafter referred to as Jung Du-ri): Hello, I'm lawyer Jung Du-ri of Shinsegae Law Firm.

◇ Cho In-seop: Let's first meet the people who visited the counseling center today with their stories about what kind of concerns they have.

□Deliver: My husband and I had a consensual divorce when our child was 2, and I took care of the caregiver and parental authority.At the time of the divorce of
... My husband and I had similar pay... As I received a little more property division, I received a little child support for now. Instead, when the child grows up, they will discuss child support again every three years. But the husband remarried before the child was even 3 years old. We haven't negotiated the interview properly since remarriage. I raised my child with the help of my parents. However, the child was walking late compared to his peers, and he didn't talk much even though he was four years old. At first, I heard that my son could be late, so I thought nothing of it.
But I heard from the director of the daycare center that the child seems to have a delay in development. As a result of testing at the hospital, I was diagnosed with a developmental delay. I blamed myself for a while, but I decided to get the treatment my child needs even now. However, I have to go to a university hospital often for my child's treatment, but it was difficult for me to do so with my current job. Fortunately, I found a job where I could work from home as a freelancer. I was able to fully devote my time to my child, but it became difficult for me to cover the cost of treatment with my income alone. So I contacted my ex and asked him to send me a little more child support even though it wasn't time for child support discussions. My ex said it's hard because he's remarried and it's costing him double. What should I do?

◇ Cho In-seop: It was a story that lawyer Cho In-seop wanted to increase child support expenses at the counseling center. My child needs to be diagnosed with a developmental delay and treated at the hospital, but it seems to cost a lot of money.

◆Jeong Du-ri: According to an article, I was receiving treatment such as speech therapy, play therapy, and occupational therapy, but most of them felt burdened because they were not covered by health insurance benefits. There is also a saying that the treatment cost alone is 2 million to 3 million won a month.

◇ Jo In-seop: If I made an agreement for child support at the time of the consultation divorce, can I change that agreement?

◆Jeong Du-ri: When couples divorce, co-parenting is rare, but usually one parent takes care of the child. At this time, even if one of the parents is designated as a parental authority and a custody holder, the other parent has to fulfill its obligations to the child, so they are given the right to pay a certain portion of the child support required for parenting and interview negotiations. In particular, according to the Seoul Family Court's standard for calculating child support expenses, our court usually determines child support expenses to both parents at an appropriate level according to their respective income ratios. However, the child support calculation standard is only one standard or reference that can be applied when the parties consult on child support or the court judges the amount of child support, but it is not legally binding. As in the case, it can be a problem if there is no ruling on child support due to consultation divorce as in the case, and if one spouse decides to pay child support, but consultations on child support again at certain times. In particular, it is a question of whether it is possible to claim an increase in child support, but if there is an urgent change in the situation as in the case of the case, it is possible to claim an increase in child support even if it is different from the original agreement.

◇ Jo In-seop: If my child's treatment costs a lot, can I get more child support?

◆Jeong Du-ri: The child support cost calculation standard mentioned earlier calculates the sum of the parents' monthly income by setting a certain section according to the child's age. However, the child support expenses listed in this standard table are not absolute standards and may vary depending on the couple's specific situation. For example, even if the couple's combined income is 10 million won per month before tax, if monthly interest is paid a lot due to loan debt, this will be considered and a slightly lower child support than the child support calculation standard will be determined. In particular, if the price has risen from the time of child support consultation or designation, if the caregiver's economic situation has deteriorated, if the child goes to a higher school and the tuition has increased, or if the child is required to pay a large amount of medical expenses, etc., you can claim an increase in child support. In the case of you, if you have to spend medical, care, and education expenses due to your health problems, you may be charged a higher amount of child support than children of the same age. However, it may be necessary to prove that the child costs a lot of treatment and to prove the current poor economic situation. If you have to pay for living and treatment, it seems that you will be able to receive a higher amount of child support than your peers in consideration of this situation.

◇ Jo In-seop: On the contrary, is it possible to claim a reduction in child support?

◆Jeong Du-ri: On the contrary, if the child support burden has deteriorated due to unemployment, bankruptcy, bankruptcy, or other circumstances, you can claim a reduction in child support, and if the child's economic situation improves due to employment or other circumstances, you can claim a reduction in child support. In the case of the other party, if it wasn't for the child's medical expenses, I think they could have requested a reduction in child support expenses due to remarriage.

◇Jo In-seop: Is there a way for my husband to get child support in a financially difficult situation?

◆Jeong Du-ri: Yes, the need to receive and increase child support due to changes in circumstances such as the child's health is acknowledged, but the process can be complicated if the other party, who actually has to pay child support, is in a difficult financial situation. It would be best if the other party accepted and agreed to child support claims with responsibility for their children, but in reality, if you do not have the ability to pay, it is only a legal process to resolve them. The previously mentioned child support calculation standard predicts this case in advance and applies the factor of production reduction due to personal circumstances. In the case of helpless parents who do not have any income or property, the minimum child support can be paid, but even if it is deemed difficult to pay, a lower amount may be recognized. If you have already requested an increase in child support, the parties can reach a smooth agreement through mediation, etc., even if it is difficult right now, and you can think of ways such as giving time and paying a little more later.

◇ Jo In-seop: Now, to summarize the contents of the consultation so far, the child support agreement at the time of the consultation divorce can be changed if there is an urgent situation and you can claim an increase in child support. If your child's treatment costs are high, you can claim an increase in child support, and inflation and economic difficulties are also reasons for the increase. Conversely, if the economic situation worsens due to unemployment or remarriage, you can claim a reduction in child support. If the husband is financially challenged, the child support claim process can be complicated
The best is to agree, but if you don't have the ability to pay, you have to resolve it through legal procedures. So far, I've been with lawyer Jung Du-ri of Shinsegae Law Firm.

◆Jeong Du-ri: Thank you.