[Chatting] Mother who left without alimony or child support..."Can I inherit it?"

□ Broadcast date and time: November 14, 2024 (Thursday)
□ Host: Attorney Cho In-seop
□ Starter: Lawyer Park Kyung-nae

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.

◇ Lawyer Cho In-seop (hereinafter referred to as Cho In-seop): Lawhouse for you, Jo Min-so, with lawyer Park Kyung-nae. Hello?

◆ Park Kyung-nae: Hello, I'm Park Kyung-nae's lawyer at Shinsegae Law Firm.

◇ Jo In-seop: Let's first talk about what kind of concerns you have if you come to the counseling center today.

□ The memory of my mother as a child was always the appearance of working. I don't remember much about my father, but it's almost all about the appearance of wrapping a knife in the room and leaving with a cloth. Later, I told my mother that my father was a cook and rarely came into the house. My mother was not able to protest against anyone, including my father, and maybe because of that personality, I got stomach cancer. One day, my mother decided to end her marriage with her father, saying that stress seems to be the cause of her illness. Mother and father wrote and notarized agreements on alimony, property division, and child support, and then got divorced by agreement.Nevertheless, my father did not split the property he promised, nor did he pay alimony and child support. My mother had struggled for years after her divorce, even applying for an order to fulfill child support, but she didn't get any money. With legal action to receive money, the stomach cancer got worse and eventually died. As an adult, I contacted my father. My father said that since my mother died, I don't have to split my property and pay alimony and child support. As far as I know, I heard that property division, alimony, and child support are inherited, so what should I do? I really want to relieve my mother's resentment after working.

◇ Cho In-seop: Attorney Cho In-seop's Counseling Office It was the story of a child who wanted to claim property division, alimony, and child support from his divorced parents. Is this common?

◆ Park Kyung-nae :

◇ Cho In-seop: Your mother has a consensual divorce, what about the property division, alimony, and child support?

◆ Park Kyung-nae: In the case of a negotiated divorce, the child support expense report, which has the same effect as the court's decision, can be prepared to claim the child support agreed upon in the case of divorce, and the child support bond can be inherited as a property right. However, if you divorced a long time ago and did not write a child support report, please note that a separate trial procedure is required, and a three-year extinctive prescription applies to regular child support obligations. However, in the case of alimony and property division, the court does not judge the divorce, so please get legal advice if your mother has written an enforceable fair certificate and specified alimony and property division.

◇ Jo In-seop: Is it possible to inherit child support, property division, and alimony bonds?

◆ Park Kyung-nae: After a divorce, a caregiver may claim child support from a non-custodial person, but it has a legal nature as a property right only when it is actually claimed. If your mother has carried out various procedures, such as an order to fulfill child support, an application for a fine, or an application for detention, past child support bonds can be inherited by you as property rights. Separately, you can also directly claim child support from your father, so please consider this as well. It is true that the right to claim alimony in case of divorce is a personal right and is not inherited, but since your mother has already claimed alimony from her father, you can also claim alimony from her father as her heir. Likewise, property division is subject to inheritance as a property right when you directly claim property division from your ex-spouse beyond the abstract right to claim property division after divorce. As your mother's heir, you can claim your father's property split.

◇ Cho In-seop: My mother is dead. But will you still be able to get the money from your father?

◆ Park Kyung-nae: You can claim money from your father on behalf of your mother as her heir, which is subject to the general civil enforcement process. If you have a property in front of your father, you can forcibly auction it and get the bond reimbursed. However, it seems that his father has no other fortune, given that his mother did not receive the money even though she made various efforts during her lifetime. Please note that there are sanctions such as applications for fines and detention for unpaid child support, and recently stronger sanctions such as suspension of driver's license, prohibition of departure, and personal disclosure. If your father has property and you hid it or stole it in someone else's name so that you wouldn't give him money, this could be criminal immunity, so please refer to this as well.

◇ Cho In-seop: If my father continues to avoid contacting you, can I file a claim for money without seeing him?

◆ Park Kyung-nae :

◇ Jo In-seop: Now, to summarize what we've done so far... In the event of a consultation divorce, child support can be claimed through the child support expense report, and alimony and property division can be claimed by the prepared fair certificate. After the divorce, the caregiver can claim child support from the non-custodial, and if the claim process has been carried out, the past child support bond can be inherited and the sender can also claim child support directly from the father. Alimony claims are exclusive, but if your mother has already claimed and the bond is established, you can claim alimony from your father as your mother's heir. The property division is subject to inheritance only when you claim it directly from your ex-spouse, and you can claim it from your father as your mother's heir. As your mother's heir, you can claim money from your father, and you can be reimbursed for your bond by forcibly auctioning your father's property. So far, I've been with lawyer Park Kyung-nae.

◆ [Park Kyung-nae] Yes, thank you.

◇ Cho In-seop: You can listen to <Attorney Cho In-seop's Counseling Office> again on YouTube. If you have any questions or suggestions, please comment.