Duty of Support in Family Relationships

The duty of support between parents and children is recognized by law, even if the family relationship has been severed.

### Legal Rights and Obligations in Family Relationships: The Duty of Support Between Parents and Children
* 👨 Lawyer Kim Min-jeong from the law firm Gongwon introduces the concept of the **duty of support** in family relationships, which is often at the **center of various family litigations**.
* 👨 The duty of support lawsuits usually involve parents who have been estranged for a long time suing their children to provide support, and the **pain experienced by the children in such cases is significant**.
* 📜 According to the Civil Code, the duty of support between direct blood relatives, such as parents and children, is recognized. The duty is divided into **primary support** and **secondary support** based on the degree of support required.
* 💸 In the case where the adult child's father filed a lawsuit to seek support, the primary argument made to relieve the child of the duty of supporting the father was that the child did not have the **means to support the father** due to various economic circumstances.
* 🏠 The second argument was that the father's health and economic situation were **not to the extent that he could not live independently**.
* ❌ The third argument was that since the father did not voluntarily support his minor child and engaged in domestic violence, demanding support from the child was an **abuse of rights**.
* ⚖ By presenting these arguments and evidence, the lawsuit filed by the father to seek support was **entirely dismissed**.
* ⚠ It is important to note that there are cases where the duty of support arises between parents and children even after their relationship has practically ended, or when inheritance issues arise. **Preparing and considering how to respond to such situations in advance** can be helpful.

I will tell you about my father for now. Sometimes when he came home, he was always drunk and demanded money from my mother. Because my father threatened and hit me and my younger sibling, my mother had no choice but to hand over the money she had saved. One day, as usual, he came home drunk and threatened my mother and us to leave the house, so we were forced to leave the house with just the clothes on our backs and found a small rented room to live in. My mother worked doing yogurt delivery, babysitting, cleaning, and any other job she could find to raise me and my sibling. We also worked part-time jobs like delivery and serving non-stop since high school to make a living. It was tough due to financial difficulties, but we diligently borrowed money little by little from relatives, took out loans, and paid them off.

I've lived through it. Hello, I am Lawyer Kim Min-jeong from the law firm Gongwon. In family relationships, there are various rights and obligations stipulated by law. The episode I am introducing today is related to the duty of support. As I handle various types of family litigation, I often see cases where families suffer for a long time due to various family conflicts, eventually leading to lawsuits. Support lawsuits usually involve parents who have been estranged for a long time suing their children to provide support. The pain experienced by children who receive the complaint seems to be much greater than other cases. In cases like this, support lawsuits often begin when family relationships have practically been severed for a long time. Even if the family relationship has been severed in practice, the legal family relationship remains the same.

Given this status and because one cannot unilaterally terminate the legal family relationship at will, the rights recognized by the law remain intact, leading to the initiation of a lawsuit. After graduating from college, I was fortunate to land a job at a large company. Over the years, I got married, had children, and although most of our income was from my spouse, we were able to buy a small apartment. However, starting last year, my father suddenly started contacting me. Initially, he mentioned needing money for medical expenses due to illness, which softened my heart, so I gave him some money a few times. Lately, the frequency of his calls has been increasing, and when I stopped answering, he even threatened to cause trouble by calling my workplace, saying he would make me lose my job and force me to divorce if I made him angry. I have been under so much stress that it has started to interfere with my daily life.

I've even reached panic disorder. Until now, it has been difficult, but when the financial situation improved slightly, my father filed a lawsuit with the intention of supporting himself. This duty of support is explicitly stipulated in the Civil Code. The duty of support between direct blood relatives, that is, parents and children, is recognized. In principle, if the father is unable to support himself, the duty of support for the father is recognized. And this legal duty of support is divided into primary support and secondary support depending on the degree of support. The primary duty of support means the obligation to support family members to a similar extent as one's own life, even if one's life is difficult. In simple terms, you can think of it as sharing a bean equally. Parents are obligated to support minor children or have a primary duty of support between spouses. And secondary support...

Obligation is considered as a secondary support duty when one has the ability to spare time in their own life and the other party is unable to support their own life to the extent of survival. In cases like this, the obligation to support one's adult father falls under this secondary support duty. Even though in this case, there was a severed relationship with the father and practically no family ties, the principle is that if the father is unable to support his own life, the obligation to support the father applies. After consulting with a lawyer and during the ongoing support lawsuit, the father came to see me. Clearly dressed in expensive clothes and accompanied by a woman. The trial began, and the lawyer argued for dismissal. Thanks to the lawyer, I won the case entirely and was able to avoid paying any support fees. What are the obligations of parents to their children?

It was a time when I had many thoughts about the issue of filial duty. Basically, because the obligation of support between parents and children is recognized, in this case, we made three main arguments to represent our son in order to relieve him of the duty of supporting his father. First of all, the duty to support the father is a secondary obligation, so I should have the means to support him in my life, but due to various economic circumstances, I do not have the means to support my father. Secondly, the father's health and economic situation are not to the extent that he cannot live independently. Thirdly, since the father did not support his minor child voluntarily and engaged in domestic violence, demanding support from me is an abuse of rights. By making these three arguments and submitting various evidence, we concluded the argument, and the opponent's claim for support was dismissed.

There have been cases where the obligation of support arises between parents and children even when their relationship has completely ended, or when inheritance becomes an issue due to the death of one of the parties. If you anticipate similar issues or situations due to family relationships, it would be helpful to think about how to respond and prepare in advance. That's all for the content I have prepared today. I will come back with easy and informative legal information. Thank you.

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고운변호사TV

The Struggle of a Family Amidst Financial Hardship

A father's alcoholism and abuse forced the family to flee their home and work multiple jobs to survive.

The story highlights the legal struggles families face when parents sue their children for support, despite being estranged.

Lawyer Kim Min-jeong emphasizes the significant impact of support lawsuits on children who have been disconnected from their families.

Legal Duty of Support and Family Relationships

The legal duty of support between parents and children is recognized and can lead to a lawsuit if not fulfilled.

Financial support for a parent is explicitly stipulated in the Civil Code, divided into primary and secondary support.

The primary duty of support requires a similar level of care to one's own life, while the secondary duty involves a lower level of support.

The Obligation of Supporting a Parent in Need

Obligation to support a parent is considered a secondary duty when the parent is unable to support themselves, regardless of the relationship or family ties.

In a legal case, the obligation to support the father can be successfully dismissed based on the adult child's lack of means to support, the father's independent living ability, and the father's history of not supporting the child and engaging in domestic violence.

Obligation of Support and Inheritance Issues in Family Relationships

Obligations of support can arise even after the end of parent-child relationships or in inheritance disputes.

It's important to anticipate and prepare for these situations in advance.

Legal advice can be helpful in understanding and responding to these family relationship issues.