Husband earning 5 million won a month dodges child care — then refuses to pay support

A husband who stepped back from housework and child-rearing because he earned more than his wife has refused to pay child support after the couple's conflicts led to divorce proceedings.

The case was shared Wednesday on YTN Radio's "Attorney Jo In-seop's Consultation," featuring the concerns of a kindergarten teacher in her late 30s, identified only as A, who has a 7-year-old son.

A and her husband are currently in divorce proceedings. "Things were fine between us in the early days of our marriage, but cracks started showing after our child was born," she said. "My husband used work as an excuse to barely participate in child-rearing — everything from doctor's visits to kindergarten events fell on me."

A said she repeatedly asked her husband to share in the parenting, but he brushed her off. "He said that since he was the one bringing home the money, that should be enough," she said. "He even complained that I was neglecting him because I was too focused on the child."

The couple also clashed over how to raise their child. A prioritized the child's happiness, while her husband insisted on early education at all costs.

The constant disagreements deepened the rift between them, ultimately pushing the couple toward divorce.

"I should naturally be the one with parental rights and custody," A said. "My salary is only around 2 million won ($1,300) a month, but it's stable, and more importantly, I've been the one raising our child all along. Our child depends on me far more and can only fall asleep when I'm there."

Her husband, however, refused to back down. He insisted on taking parental rights himself and said he would not pay a single won in child support.

A asked whether it was true, as her husband claimed, that the custodial parent must bear child support costs — and whether separating parental rights from custody, as he demanded, was even possible.

Attorney Lee Myung-in of Shinsegae Law Firm said parental rights and custody are distinct concepts. "Parental rights refer to the comprehensive rights and obligations parents hold to make decisions about a minor child's personal status and property, whereas custody is the right to live with, care for, and educate the child directly," he said.

He added that parental rights and custody do not have to be held by the same person. "It is permissible, provided certain criteria are met, to award custody to the wife while assigning parental rights jointly to both husband and wife," he said.

However, he cautioned that separating parental rights from custody can create confusion for the child. "Every time an important decision needs to be made — school enrollment, transfers, consent for medical treatment, various legal matters — the custodial parent would need the cooperation and consent of the husband as the holder of parental rights, which could lead to unnecessary conflict and delays," he added.

On the question of designating joint custodians, Lee said courts tend to appoint a sole custodian in the interest of the child's welfare. "After a divorce, a child shuttling between two households may lack stability, and if conflict between the parents continues, the child can suffer psychologically," he said.

On child support, Lee said the fundamental principle is that both parents share the cost regardless of who holds custody. "Courts use the child support calculation table prepared by the Seoul Family Court, first determining a standard total based on the child's age and the parents' combined income," he said.

Applying that formula to A's case, he said: "The husband's monthly income is 5 million won and the wife's is 2 million won, giving a combined income of 7 million won. Since the husband accounts for 71 percent of that and the wife 29 percent, the husband would pay roughly 71 percent of the total child support amount and the wife 29 percent."

He added, however, that the table is not legally binding. "The court considers various circumstances and makes a final determination on the amount," he said.