양육비 이행확보를 위한 가사소송법의 제도

Ensuring of Child Support Performance in Family Litigation Act

In order to ensuring of child support performance, it is necessary to amend the Civil Execution Act. This is because the child support claim is a claim that has the public interest value of the child's right to live, but it is basically a civil claim. The legal procedure for ensuring of child support performance in the Family Court should be one-stop along with the hearing procedure using prior disposition. In order to secure the effectiveness of the ensuring of child support performance and the order for direct payment of child support in the Family Litigation, it is necessary to ensure that the child support is implemented during the trial by prior disposition. To ensure of child support performance for non-custodial parents who are capable of paying child support, civil execution procedures and family court enforcement procedures should be used. In addition, the legal aid should be supplemented so that these legal procedures can be used. The role of the Child Support Agency through the Act On Enforcing And Supporting Child Support Payment should focus on securing child support for vulnerable groups such as non-custodial parents who are not capable of paying child support, low-income child support creditors, and migrant single-parent families. Since the child support performance system has aspects of the civil debt of the child support debtor and the public assistance system to protect children, the Child Support Agency should aim to improve the welfare of children.