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Dismissing the Request to Reduce Child Support Due to Remarriage!🚫 The Secret!

General Divorce & Family Law | Claim Dismissal

Dismissing the Request to Reduce Child Support Due to Remarriage!🚫 The Secret!
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Claim Dismissed

In****

Hello, I'm Attorney Seo Yuri, your legal problem solver! 🀝 Today, I'd like to share a real case where we protected the rights of children when a former spouse filed a lawsuit to "reduce child support because they remarried and their situation became difficult." πŸ“

πŸ” Case Overview

Our client (the opposing party) was raising three children alone after divorcing their former spouse (the claimant). Then, one day, the former spouse filed a lawsuit to drastically reduce the existing child support of 750,000 won per person to 300,000 won, claiming that "they remarried, started a new family, and had a new child, making things financially difficult."

βš–οΈ Attorney Seo Yuri's Key Strategies

We prioritized the welfare of the children and responded strongly as follows! πŸ’ͺ

  • Emphasis on Foreseeable Circumstances: We proved that the claimant's remarriage and childbirth were circumstances that could have been sufficiently foreseen during the previous mediation.

  • Ambiguity of Financial Situation: We pointed out that there was a lack of objective evidence to prove that the financial situation had deteriorated to the point where child support should be reduced by more than half, only making claims that the situation was difficult.

  • Principle of Child's Welfare: We actively cited the Supreme Court precedent that child support reduction is a measure that harms the child's welfare, so very strict standards must be applied.

πŸ‘¨β€βš–οΈ Court's Decision (Result: Claim Dismissed!)

The Incheon Family Court accepted our arguments and "dismissed the claimant's request to reduce child support!"

  • Summary of Judgment: "Remarriage and childbirth are difficult to be special circumstances for reducing child support, and it was already foreseeable at the time of mediation. In addition, since there is a lack of data to acknowledge the deterioration of the financial situation, it is difficult to see that the reduction is necessary for the welfare of the child."

πŸ’‘ In Closing

Child support is not a parent's right, but children's precious right to survival. πŸ›‘οΈ If the other party unilaterally demands a reduction and puts pressure on you, don't panic and protect your children's rights with a legal expert!

Do you need help in this situation? If you are struggling with a similar child support dispute, please apply for a consultation right now. We will be a reliable ally for our clients! πŸ“žβœ¨

Would you like to re-examine the other party's financial status or claim unpaid child support from the past?