인지판결 확정 전 양육비 청구 ―대법원 2023. 10. 31. 자 2023스643 결정에 관하여―

Most natural mothers raising a child born out of wedlock bring an action against its father demanding affiliation to claim child support. After affiliation judgment became final and conclusive, the mother claims the past period maintenance for child custody. Since Affiliation shall be retrospectively effective from the time of birth of the child, the parent-child relationship and the natural father's responsibility of fostering are recognized from the time the child is born. The mother who raised the child may claim the repayment of part of the past period maintenance for child custody before affiliation judgment became final and conclusive. The Supreme Court Decision 2023su643 rendered on October 31st, 2023 decided that a mother raising a child born out of wedlock can claims the past period maintenance for child custody before affiliation judgment became final and conclusive. The Supreme Court’s decision was meaningful, but it did not judge the calculation of the claim. When calculating past period maintenance for child custody, it is necessary to consider that the expenses spent by mothers raising the child and based on future child support for the best interests of the child.