2017Dives 200061 Request for change in the burden of child support

A (1988, South Korea)

Busan Address

Busan place of service

Reference domicile

B. B. (F., 1981)

Busan Address

Reference domicile

C. J. (2012 N.S.)

Busan Address

Reference domicile

May 24, 2017

1. The claim of this case is dismissed.

2. Trial costs shall be borne by the claimant.

The claimant shall change the child support of the principal of the case to KRW 450, KRW 200, and KRW 000 on the last day of September 2031.

1. Facts of recognition;

According to the records of this case and the purport of the whole examination, the following facts are recognized:

A. The claimant and the other party married on March 28, 2012, and they had the principal of the case as their children.

B. On December 9, 2014, the claimant and the other party agree upon the agreement. 2. A written agreement containing KRW 45,00,000 as a division of property between the claimant and the other party, and KRW 1,80,000 as a child support from September to December 1, 201. 3. The custodian of the principal of the case shall be the other party; the parental authority shall be jointly exercised; the claimant shall be paid KRW 450,00 each month from January 1, 2015 to the child support of the principal of the case; if the claimant is employed later, the child support shall be determined according to the income.

C. On April 20, 2015, in the case of an application for confirmation of intention of divorce between the claimant and the other party, a written statement of liability for child support was prepared on the first day of each month from the day following the date of filing a divorce report with the principal of the case to the day before the principal of the case reaches the age of majority, and the report of divorce was completed on the same day.

D. After reporting the divorce, the claimant paid the child support to the other party twice until the completion date of the instant examination after reporting the divorce.

E. As of the closing date of the instant interrogation, the claimant and the other party live in their respective parents without any occupation, and the other party’s parents are in a state of non-income.

2. Assertion and determination

The claimant is currently under vacation and is not employed due to the game depression and maintains his livelihood with the support of the parents. However, if he takes part, the child support of about KRW 200 per month and KRW 000 per month is considered to have sufficient ability to pay. Therefore, the claimant's child support should be reduced from KRW 450,000 per month to KRW 200,000 per month.

However, when the claimant prepares a written agreement with the other party or is confirmed as the intention of divorce, there was no occupation but to pay the other party KRW 450,00 per month with the child support of the principal of the case. There is no change in circumstances that the economic situation of the claimant is worse compared to the time of the agreement, the other party has no occupation at the present time, and the other party does not have any occupation, and the child support of KRW 450,000 per month is an amount close to the minimum child support to be borne by the claimant for the principal of the case, and the age and academic background of the claimant are considered as a whole, it is difficult to recognize that the child support of the principal of the case borne by the claimant should be reduced to KRW 200,000 per month, or it is difficult to accept the claimant's assertion that the child support of KRW 450,000 per month with the agreement at the time of divorce, as there is no other evidence to recognize this otherwise.

Thus, the claim of this case is without merit, and it is judged as ordered.

Judges Yoon Jae-nam