Exploiting the Loopholes of the Advance Child Support Payment System

As the 'Advance Child Support Payment System' implemented on the 1st of this month is being misused, the need for improvement in the system is being raised.

This system was introduced to protect children from non-custodial parents who intentionally avoid paying child support; however, some non-custodial parents are exploiting the system's loopholes to evade their responsibilities.

On the 7th, a woman in her 30s, referred to as A, who appeared on YTN Radio's 'Consultation Room with Attorney Jo In-seop,' shared her experience of not receiving child support over a four-year period since her divorce.

A explained, "I am raising two children alone, but my ex-husband only sent child support for the first two months after the divorce and has not paid a penny for the remaining three years and ten months."

However, she noted that her ex-husband suddenly transferred 200,000 KRW three times just before the advance child support system was implemented.

The Real Limitations of the Advance Child Support Payment System

The advance child support payment system, which the government has been implementing since this month, operates by first providing child support to single-parent families and later collecting the payment from the debtor.

Support can be received for up to 200,000 KRW per month for each minor child. However, only households with an income below 150% of the median income that have made efforts such as lawsuits to receive child support and have not received it for three consecutive months or three times in total can apply.

The issue is that if the non-custodial parent transferred even a small amount within three months prior to the application date, the household is excluded from eligibility. There is rising concern that this regulation is being exploited to evade the obligation to pay child support, indicating that immediate improvements to the system are needed.

Attorney Ryu Hyun-joo (from Shinsegye Law Firm) explained, "There are various reasons for not paying child support," adding, "Often, there is an emotional refusal to transfer money to an ex-spouse due to hostility formed during the divorce process."

She also noted, "Some may doubt whether the money they provide will actually be used for the child, or they may have had financial means during the lawsuit but found their situation worsened afterward."

Attorney Ryu analyzed A's ex-husband's case, stating, "This seems to be an intention to evade the collection target by obstructing the advance payment application."

In reality, similar cases, such as "having not paid child support for almost a year and then suddenly depositing 70,000 KRW last month," have been shared in single-parent family communities, underscoring the urgent need for swift improvements to the system.

Currently, the 200,000 KRW provided monthly is significantly lower than the child support typically calculated by the courts. However, Attorney Ryu predicts, "Even though the system is not perfect yet, the government's willingness to intervene directly in the enforcement of child support will lead to an improved awareness that 'child support must be paid.'"

The Ministry of Gender Equality and Family plans to review irregular and malicious cases of child support payment that arise after the system's implementation and prepare additional guidelines.

This year, a total budget of 16.2 billion KRW has been allocated for this system, expecting to benefit up to 13,500 minor children.

Image source: In February, Shin Young-sook, the Deputy Minister of the Ministry of Gender Equality and Family, made opening remarks at the 40th Child Support Enforcement Committee held at the Government Seoul Building in Jongno-gu, Seoul. / News1, material photo for better understanding of the article / News1, material photo for better understanding of the article / gettyimagesbank