Hello, this is attorney Kim Kwang-sik of Cheongchul Law Firm.

For parents raising children alone because the other parent does not pay child support after divorce, the ‘child support advance payment system’, under which the state pays child support first and later recovers it from the non-custodial parent, has been in operation since July 2025. According to the Child Support Agency (양육비이행관리원) under the Ministry of Gender Equality and Family, from the launch of the system through August 2026, approximately KRW 23.1 billion was paid to 8,188 households and 12,924 minor children.

Until now, however, there has been an income requirement of ‘150% or less of the standard median income’, so many families that were equally unable to receive child support could not even apply because their income exceeded the threshold. Accordingly, at its plenary session on March 31, 2026, the National Assembly passed an amendment to the Act on Enforcing and Supporting Child Support Payment (양육비 이행확보 및 지원에 관한 법률, 양육비이행법) that removes the income requirement from the eligibility criteria for advance payments, and the amended provisions will take effect on October 29, 2026.

Today, I will outline what will change, what requirements must be met to receive advance payments, how the money paid by the state on the parent’s behalf is recovered, and what legal means are available to collect the child support that KRW 200,000 a month does not cover.

[Question]

I was supposed to receive child support under my divorce, but my ex-spouse has not sent any for several months. Because we are a dual-income household and I have my own income, I have not been able to apply for the child support advance so far. From October 29, will I be able to receive it too? And if I receive the advance, how do I collect the rest of the child support?

[Answer]

1. What will change — the ‘income cap’ removed from the eligibility requirements for advance payments

Before the amendment, the Act on Enforcing and Supporting Child Support Payment (양육비이행법) required, as a condition for applying for advance payments, that the household income of the child support creditor be 150% or less of the standard median income. The amended Act removes this income requirement. Therefore, from October 29 onward, any single parent who is not receiving child support will be able to apply for the advance regardless of income level, and the paperwork burden of proving income will also be reduced. According to press reports, the new standard will apply starting with the October payment.

The payment amount remains the same as before: up to KRW 200,000 per month per minor child, and payments may continue until the child reaches adulthood. With three children, that is up to KRW 600,000 per month. Note, however, that the advance payment system provides support within a fixed monthly limit; it is not a system under which the state pays all overdue child support in a lump sum. Along with expanding eligibility, the amended Act also newly establishes a legal basis for investigating income and assets in order to recover advance payments that were improperly paid.

▶ Card-news summary From October 29, the ‘150% or less of median income’ requirement for child support advance payments will disappear. Regardless of income, you will be able to apply for up to KRW 200,000 per month per child.

2. To receive the advance — three requirements besides income

The removal of the income cap does not mean that everyone can receive payments right away. First, you must hold a child support claim. You need a confirmed basis for the child support obligation, such as a divorce judgment, a mediation or settlement record, a child support agreement record, or a notarial deed. If you did not set child support when divorcing by agreement, or only promised it verbally, you must first file for a child support adjudication with the family court to establish the claim.

Second, the monthly average of child support actually received during the 3 months immediately before the application must be less than the advance payment amount. Third, you must have applied to the Child Support Agency for legal support or debt collection support, and the related procedures must be in progress or completed. In other words, the advance is premised on ‘cases where you are taking steps to collect it yourself but still cannot receive it’. Applications can be filed online through the Child Support Agency website or by mail.

▶ Card-news summary ① Holding a child support claim (judgment, record, etc.) ② Monthly average received over the past 3 months below the advance amount ③ Application for and progress of Child Support Agency support are required. If child support has not been set, an adjudication petition comes first.

3. How the state recovers the money it paid — low recovery rates and compulsory collection

Advance payments made by the state are recovered from the non-custodial parent. The Child Support Agency issues payment notices and demands, and if payment is still not made, it proceeds with compulsory collection procedures such as seizure. From the non-custodial parent’s perspective, not paying child support does not make the debt disappear; rather, the creditor changes from an individual to the state, and they face a stronger collection process.

However, actual recovery results remain limited. According to reports in July 2026, of the approximately KRW 7.73 billion in advance payments made in the second half of 2025, only about KRW 795 million was recovered, a recovery rate of just 9.4%. The relevant authorities have stated that they will strengthen cooperation on compulsory collection with the National Tax Service, the Ministry of the Interior and Safety, and others. As the removal of the income cap expands the number of recipients, recovery procedures against non-custodial parents are likely to become stricter going forward.

▶ Card-news summary Advance payments are recovered by the state from the non-custodial parent, and non-payment leads to compulsory collection such as seizure. The current recovery rate is low at 9.4%, and stronger recovery has been announced.

4. If KRW 200,000 a month is not enough — legal means to collect child support

The advance payment is only a minimum safety net; if the child support set by a judgment or similar is higher, the difference must be collected separately. If the other party is employed by a company, you can apply to the family court for a direct payment order so that the company deducts child support from their salary and pays it to you directly. If they have assets, you can use an order to provide security or compulsory execution such as seizure and collection.

If they fail to pay without justifiable reason, you can apply for a performance order, and if they still do not pay after receiving a performance order, you can seek a detention order. If they continue not to pay even after a detention order, they may be subject to sanctions under the Act on Enforcing and Supporting Child Support Payment (양육비이행법), such as suspension of their driver’s license, a travel ban, and disclosure of their name, and this can even lead to criminal punishment. Which means to use first depends on the other party’s occupation, assets, and whereabouts, so it is important to combine them to fit the case.

▶ Card-news summary Child support exceeding KRW 200,000 is collected through compulsory execution such as direct payment orders and seizure, and through performance orders and detention. Continued non-payment can lead to sanctions such as driver’s license suspension, travel bans, and name disclosure.

5. Points to check before applying

First, check the documents that form the basis of your child support claim. If child support was not set at the time of divorce or the amount is unclear, clarifying the claim through an adjudication petition is the starting point for both the advance and compulsory execution. Second, watch whether the other party is trying to meet the 3-month monthly average through so-called ‘split deposits’, paying small amounts in installments. It is advisable to keep careful records of deposits.

Third, while receiving the advance, you must report if you begin to receive child support directly or if your child-rearing situation changes. Since the amended Act provides a basis for income and asset investigations to recover improper payments, applying with false information may require you to return the money paid. Fourth, if the other party’s circumstances have changed significantly, you may also consider a claim to increase or reduce child support.

▶ Card-news summary Check your child support claim documents, keep records of split deposits, report changes in your child-rearing situation, and, if necessary, also review a claim to increase or reduce child support.

With this removal of the income cap, the child support advance payment system will change in character from ‘support for low-income single parents’ to ‘a safety net for all children who are not receiving child support’. However, since the advance is temporary support capped at KRW 200,000 per month, you must also pursue legal procedures such as establishing the claim and compulsory execution in order to receive the full amount of child support that has been determined.

Cheongchul Law Firm provides legal advice on divorce and child-rearing matters, from determining child support and custody at divorce, child support adjudications and claims for increase or reduction, applications for direct payment orders, performance orders, and detention, to compulsory execution of child support claims. If you need a consultation on child support issues, please feel free to contact us.