Sharing of expertise
Question 57: In case the custodial parent requests the judgement enforcement agency to collect support from the non-custodial parent for his or her failure to pay, does the agency have the right to seek payment for the unpaid support prior to the date of receiving the request from the custodial parent? Is the interest on late payment of the supported amount included? If yes, what shall be the interest rate in this case?
According to the law, the payment of child support will be proceeded monthly, quarterly, semi-annually, annually, or a one-off basis. If the obligor has financial difficulties disabling him/her to perform the support obligation, the obligor is entitled to negotiate with the other spouse or to request the Court to change the support method[2]. A Court’s…
Question 56: What does the custodial parent have to do in order to compel the non-custodial parent to pay child support if the non-custodial parent acts against the Court’s decision by not paying?
The act of failing to provide support is understood as a person who has obligation to provide support to a particular individual as prescribed by law or under a Court’s judgement or decision, but intentionally fail to comply while he or she has sufficient conditions to fulfill his or her obligations. Based on the legally…
Question 55: Are the rights and obligations of the non-custodial parent to the children different from those of the custodial parent?
Regardless of the parents being married or divorced, the children and their parents still have rights and obligations to each other. In other words, the parents have the rights and obligations to their children, and vice versa. Particularly, these rights and obligations of parents are as follows[2]: Love the children, respect their opinions; take care…
Question 54: Does a third party have the right to request the Court in a divorce case for custody of the child on behalf of his or her parents if they are considered unfit to ensure the child’s health and education if granted custody? And why so?
In a divorce case, personal issues and properties can be said to be a matter of the private affairs of the spouses. Though, in reality they also have material obligations to a third party. However, for the issue of their children, this is no longer their sole problem, it may also widen the problem to…
Question 53: Who has the right of custody of children who are 18 years old or older but still go to school and live with their parents at the time of divorce? Is the other parent responsible for providing support to them?
Under the Law on Marriage and Family, parents are obliged to look after, nurture, care for and protect the legitimate rights and interests of their minor children, or adult children who have lost their civil act capacity, or those cannot work, and have no property to support themselves, during the marriage period and even after…
Question 52: Can the child request a change of custodial parent while he or she is living with the parent who was granted his or her the custody under the Court’s decision?
The Law on Marriage and Family stipulates that the Court can decide to change the custodial guardian when there is a request from one of the following individuals, agencies, organisations: Parents; Next of kin; State agencies managing matters of family; State agencies managing matters of children; or Women’s Union. Thereby, the applicable laws do not…
Question 51: Who will have custody over the child during the time waiting for a decision from the Court? Can either parent prevent the other from having custody of their children? Which circumstance is it allowed and if allowed, what shall such parent do?
While waiting for the Court to resolve the divorce case, the two spouses are still legally recognised as spouses[2]. Therefore, both the spouses are equal in rights and obligations to care, nurture, and educate their children. If either spouse wishes to have sole custody of the children during this time, he or she may negotiate…
Question 50: How can either divorced parent change the Court’s decision on custodial parent? Who has the right to request for a change of custodial parent?
When the divorce process is carried out, property division and child custody are the issues likely to be in dispute. Especially for child custody, even if there is a decision of a competent Court, problems related to the caring of, nurturance for, and education of the children still potentially occur between father and mother, at…
Question 49: In principle, if the child is under 36 months old at the time of divorce, the mother shall have custody of the child. However, is the mother entitled to transfer custody of the child to the father if she does not want custody since she is unable to care for, nurture, and educate the child? Or may the father be granted custody by proving the mother’s inability to care for, nurture, and educate the child?
The Law on Marriage and Family 2014 stipulates the special principle that children under 36 months old are brought to their mothers for the sake of better protection for their rights. In general, parents negotiate by themselves first to decide who shall have custody of the child, if an agreement cannot be reached, the Court…
Question 48: How does the Court settle child custody if the parents have more than one child? Will all of the children live with one parent while the other is compelled to support them? Or will the children be separated, half of them live with the mother, while the other half lives with the father? Or will it depend on either parent’s ability to decide whom the children live with?
Currently, one of the issues which spouses always face when going through a divorce which is likely to be at the center of the dispute is the right to child custody. Whether they only have one child or multiple children, the determination of who has direct custody of the children needs to follow certain rules….