When parents separate or go through divorce in Korea, one of the most urgent issues is how to handle Child Support.
The court understands that children should not suffer from financial uncertainty during this time.
That is why Korean law allows a parent to request something called a Prior Disposition.
This is a temporary court order that ensures children continue receiving financial support while the divorce or custody case is still ongoing.
But many parents are often confused about what can be included in this Prior Disposition, especially when it comes to past Child Support.
Can you claim unpaid support from the past through this temporary order, or is it only for the future? Let’s break it down in simple terms.
Prior Disposition and Future Child Support
A Prior Disposition is designed to prevent a gap in financial care for children.
It covers future Child Support payments only.
However, if you are asking the court to order payment for past Child Support—for example, money that should have been paid before you filed—this cannot be handled under a Prior Disposition.
That part must be argued and decided in the main lawsuit.
Why a Prior Disposition Still Matters for Past Child Support
Even though you cannot directly claim past Child Support in a Prior Disposition, it can still become very important evidence later.
The monthly amount set in the Prior Disposition often serves as a guideline for how much past Child Support should be calculated.
A Case Example
To better understand this concept, let’s look at a real-life court case.
The names of the individuals involved are fictional, and certain aspects of the original case have been adapted. (Reference Case: Suwon Family Court, Yeoju Branch, Case No. 20○○Deuhap○○, 20○○Deuhap○○ [Divorce, etc.])
David(Pseudonym) and Anna(Pseudonym) separated in May 31, 2022.
From that time, Anna was raising their two children on her own.
In June 9, 2023, the Family Court issued a Prior Disposition ordering David to pay 600,000 KRW per child each month, starting from June 9, 2023.
Later, Anna also requested past Child Support for the year before the Prior Disposition was issued.
The court reviewed the situation carefully.
It noted that while David should share responsibility for that past period, it would not be fair to demand that he pay the full amount all at once without considering his ability and other circumstances.
In the end, the court decided that David owed 14,400,000 KRW for past Child Support.
This was based on the same monthly amount set by the Prior Disposition—600,000 KRW per child—applied for 12 months before June 2023.
If you are going through a divorce or custody case in Korea, understanding how Prior Disposition works is very important.
It only applies to future Child Support, but it also helps shape how the court later decides on past Child Support.
This can be confusing, but the key takeaway is that filing for a Prior Disposition early can protect your children right away and strengthen your position for later claims.
※ All content posted on this blog is intended to provide general legal information. The application of the law may vary depending on the specific circumstances of each case, so please consult with an attorney for detailed legal advice before making any decisions based on the content of this blog. Please be advised that the operator of this blog assumes no legal responsibility for any issues that may arise from the use of the information obtained here.
