Your spouse and you may have decided that your spouse is better to take care of the minor children upon divorce. However, sometimes you may find out that you are a better parent to be with kids.
Even if you and your spouse agreed upon who will have parental rights and who will raise the kids, if circumstances change or the designated person is not suitable for child raising, you can change the parental right holder and custodian right holder at any time.
You can negotiate to switch the custodian and get custody expense from your spouse - a parent who is not raising the child after divorce has a duty to pay expense to raise a child to a parent who is raising the child. Or if your spouse does not cooperate, you can file a lawsuit to be a new custodian for your children.
Once the parental right holder has been changed by the court, you should submit “change of parental right holder” city, gu, eup, myeon office.
In a related note, you can change the determined custodial expense if the circumstances change. You may need help from a lawyer to request an increase.
In case your spouse refuses to pay the determined custodial expense twice without reasonable explanation, you can ask his employer to directly pay such amount to you and deduct it from his salary.
It is called the direct payment of custodial expense. The process is complex, so ask for legal help.
If you are considering getting divorced in Korea, or has any on-going issues with your divorce in the past, and need any legal help, please do not hesitate to contact me.
I, Hyunjoo Ahn, Esq. am a lawyer with double law licenses. I studied law both in Korea and the US and have earned the law license both in Korea and Connecticut.
I have worked not only with Koreans but also with foreigners residing in Korea.
I have lived oversees over 10 years in the States and in the Netherlands.
I understand the hardships that many foreigners experience as alien in Korea, and am very willing to be any help for them.You can reach me by dropping a note via my email.
I have worked not only with Koreans but also with foreigners residing in Korea.
I have lived oversees over 10 years in the States and in the Netherlands.
I understand the hardships that many foreigners experience as alien in Korea, and am very willing to be any help for them.You can reach me by dropping a note via my email.
Currently I am located in Gwangju, Korea and can talk to you over the phone, skype or in person.
Thanks!
Hyunjoo Ahn, Esq. (JD, LLM)
Law Office of Hyunjoo Ahn
Member of Korean Bar Association
Member of Connecticut Bar Association
540-1, Sangmu Building, Sangmu-jungang-ro, Seo-gu, Gwangju, Korea
Tel: 062-373-1298
Fax: 062-443-1298
E-mail: lawyer4expats@gmail.com
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