이혼 가정의 아동복리 증진과 공동양육의무 이행을 위한 공적 개입 방향 －양육비 산정방식 및 청구권의 귀속주체 변경을 중심으로－

Public interventions in child support for divorced families aim to promote child welfare and uphold joint parental obligations. However, the existing child support calculation system places an undue financial burden on custodial parents, undermining child welfare. Moreover, current regulations fail to protect children when custodial parents do not pursue child support. Thus, there is an urgent need to reassess how child support is calculated and determine who holds the right to claim it. Child support calculations should accurately reflect the actual contributions to the child's care. Regardless of parental rights designations, both parents have custodial duties and financial obligations that arise from the nature of parent-child relationship. The joint parental obligation, encompassing both caregiving and financial support, should be distributed equitably. Rather than capping child support at the cost of raising the child, calculations should consider the actual caregiving contributions made by each parent. Reform efforts should focus on attributing the right to claim child support to the child, with their representation by a legal guardian. This approach is legally feasible under civil law, which recognizes the parents’ obligations to their children. If a custodial parent chooses not to pursue support, procedural assistants or legal representatives, such as social service agencies, could safeguard the child’s interests. This paper draws insights from child support systems in France and Estonia, which emphasize joint parental obligations to reduce the burdens on custodial parents and improve child welfare through both caregiving and financial contributions. Similarly, Germany's legislative framework, which attributes the right to claim child support to the child and allows representation by various parties, offers valuable implications for enhancing child welfare.