7 out of 10 single parents receive no child support... Just words on enforcement

[Financial News] #. Mr. A, who divorced in 2019, was supposed to receive 500,000 won monthly for child support for his two minor children from his ex-spouse, but did not receive a single penny for five years. Struggling to raise the children alone and manage living expenses, Mr. A eventually sought help from the Child Support Enforcement Management Office. Through asset disclosure and inquiry procedures, it was confirmed that the ex-spouse owned stocks worth over 20 million won, leading to seizure and sale to recover some child support.
With the increase in divorces, the number of single-parent families is also rising, but many still do not receive proper child support. Although there are institutional mechanisms to enforce compliance, the procedures are complex, leading to frequent non-operation in reality. Experts advise that to enhance the effectiveness of the child support enforcement system, it is necessary to ease the requirements for financial information inquiries of child support debtors and strengthen the provision of information related to visitation rights.
According to the Child Support Enforcement Management Office on the 17th, the child support enforcement rate at the end of last year was 45.3%. Although it slightly increased from 40.3% in 2022, it is still below half. The child support enforcement rate refers to the ratio of actual enforcement among cases where the payment obligation is confirmed. In other words, even if an enforcement order is issued, less than 5 out of 10 cases actually result in child support payment.
The law concerning the enforcement and support of child support stipulates that 'parents must create the optimal growth environment for minor children to grow healthily in all areas of life, regardless of direct upbringing'. It also specifies that even non-custodial parents must faithfully pay the determined child support to the custodial parent.
However, there is a gap with reality. According to the '2024 Single-Parent Family Survey Results' announced by the Ministry of Gender Equality and Family in March this year, 71.3% of single-parent families have never received child support. The survey records over 70% in each three-year survey: △2018 73.1% △2021 72.1% △2024 71.3%.
If child support is not paid, there are various methods to enforce compliance, such as the Child Support Enforcement Management System, child support enforcement orders, disclosure of personal information, suspension of driver's licenses, seizure of claims, and compulsory execution.
However, the numerous documents required for the litigation process and the lengthy time until trial can be burdensome for single-parent families, consistently raising issues of effectiveness. In fact, a story recently reported by this newspaper revealed that a woman who had been pursuing child support litigation while raising her daughter alone since 2016 ultimately took her own life.
Experts point out that non-payment of child support is not just a simple breach of debt but a serious infringement on the rights and survival of the child. Therefore, they urge that the child support issue be resolved on a social and national level, with the introduction of compulsory execution measures and active intervention by related agencies to improve the system.
Judge Kim Sun-hee of the Seoul Family Court stated at the 'Child Support Enforcement Support System Development Plan' forum held the previous day, "To inquire about the financial information of a child support debtor, the debtor's written consent is essential, but the likelihood of compliance is very low in reality," and "consideration should be given to exemption from the obligation to submit consent forms in cases where non-payment of child support is proven or certain judicial procedures have been followed."
Lawyer Choi In-hwa of Kim & Chang Law Office advised, "Since child support payment and visitation rights are closely related, there should be sufficient guidance on visitation rights in both consensual and judicial divorce proceedings, and public institutions should continuously provide related information," and "even after divorce, child support should be set so that the child can maintain the same standard of living as before the divorce."
Regarding the Advance Child Support Payment System (where the state pays first and then recovers from the non-custodial parent) introduced this month, there were opinions that more detailed supplementation is needed.
Professor Jeon Kyung-geun of Ajou University Law School emphasized, "Although it is not yet time to evaluate the system, it is predictable that with the current manpower and resources, smooth implementation of advance payment and recovery is difficult," and "since child support recovery should be carried out through compulsory execution and other methods, more lawyers than currently available will be needed, and preparations should be made to ensure the smooth operation of the advance payment system."
welcome@fnnews.com Jang Yu-ha Reporter