Written by 10:01 PM Culture

Supreme Court: “Right to claim child-rearing expenses valid only for 10 years after the child becomes an adult”

When children become adults, child support should be subject to a statute of limitations like debts for legal stability,


Clipart Korea,
, ‘The Supreme Court’s unanimous decision concluded that the right to claim child support is only valid for 10 years after children reach adulthood. Until now, if it was the first time filing for child support, it was not subject to the statute of limitations.’,
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, ‘In a child support case filed against former husband ㄴ by ㄱ, the Supreme Court’s Grand Bench (Judge Lee Heung-gu) confirmed the lower court’s ruling on the plaintiff’s defeat on the 18th. ㄱ divorced ㄴ in 1984 and raised their son alone for 19 years since they separated in 1974 when the child was one year old. In 2016, after 23 years since their son reached adulthood, ㄱ sued ㄴ for 1,193 million won in child support.’,
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, ‘The lower court initially ordered ㄴ to pay 60 million won in child support to ㄱ. In 2011, the Supreme Court left a precedent stating that if there was no specific exercise of the right to claim through agreement or court judgment for child support, the statute of limitations would not apply. The lower court followed this Supreme Court precedent. However, the appellate court considered that ㄱ’s claim for child support was already barred by the statute of limitations since it was raised 10 years after the child reached adulthood. It means that the general statute of limitations of 10 years for debts also applies to child support. Once the statute of limitations expires, the right cannot be exercised.’,
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, ‘The Supreme Court accepted this lower court’s decision, changing the precedent. Since child support is confirmed when children become adults, it should be subject to a statute of limitations like other debts for legal stability.’,
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