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Collection of a claim for child support and sanctions

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Introduction to Collection

There are legal procedures to collect rearing expenses via forced execution under the Civil Execution Act and rearing cost security litigation under the Family Litigation Act as well as smooth agreement with obligors so that divorced and/or unmarried single parent, as a creditor, can receive rearing expenses smoothly.

Details of support

If there is a request for support to collect unpaid rearing expenses from a parent who rears a minor to a parent who does not rear a minor, agreement will be induced. Otherwise, there will be litigation to secure implementation or forced execution so that a minor can grow up in a safe environment. There will be legal procedures against obligors via litigation for rearing cost based on the Family Litigation Act and forced execution based on the Civil Execution Ac.

Family Litigation Act

  • Order to implement
  • Direct payment order
  • Order to provide collateral
  • Order to pay lump sums
  • Fine/penalty trials
  • Detention trials

Civil Execution Act

  • Seizure and forced auction for assets* owned by obligors
  • Property specification
  • Property inquiry, etc.

* Assets: Real estate, automobile, salaries, savings, insurances, rent deposits, golf membership, etc.

Support Procedure

Guidance to Sanctions

The Child Support Agency is conducting sanctions by applying various means if obligors repeatedly fail to pay for support. Also, obligors of high amount, habitual obligors and failure to execute detentions will be sorted to ensure onsite team’s visit to obligors.

Sanctions against Obligors

If an obligor keeps failing to pay for child support, sanctions, including but not limited to application for listing of obligors, garnishment for an amount expected to be returned based on taxation affairs and request for order for collection.

  • Inducement of decrease of credit rating

    • - Financial transactions limited when found to have been listed
    • - Forced execution and other legal measures can take place after confirmation of listing
  • Seizure of returns

    • - If there is a return based on the confirmation of tax returns, it will be seized and a request for order of collection will be applied.
  • What is ‘Application for Listing of Those Who Have Failed to Pay for Child Support’?
    • Despite a ruling or a notarization, if an obligor fails to execute the debt, insincere obligors may be requested to be listed in “as a person who has failed to pay for child support’. As listing is confirmed, not only financial institutions but also general citizens may peruse the listing record. Listed obligors will be subject to restriction on various financial transactions.
Onsite Operation Team

To reinforce substantiation of execution of child support, Onsite Operation Team directly visits obligors or other related persons to identify the status and overall conditions of the obligor and takes measures to execute child support expenses. The team will be in operation for serious problems such as high-amount not paid, habitual failures to pay for child support, non-enforcement of detention and other socially recognized cases, It works out through improvement of social awareness and consensus pertaining to implementation of child-rearing cost.

  • High-amount, habitual obligors

    • - Non-custodial parents who have failed to pay for a high amount of child-rearing cost will be visited for identification of the status and circumstances of the obligors and payment for child support will be pressed upon them.
    • - Visits to habitual or malicious obligors who do not pay for child support despite all means and ways involved, such as litigation, collection and order
  • Failure to conduct detention

    • - If no detention occurs even when an obligor has been subjected to detention, there will be cooperation with the police to carry out detention.
  • Social effects

    • - Even if an obligor does not pertain to high-amount or habitual failures as well as detention, obligors who have aroused social arguments greatly will be visited.

※ The Child Support Agency supports agreement, arbitration and notarization if wanted by a party during all supportive procedures.