Won't You Let Me See My Son If I Didn't Pay Child Support? The 'Question' Raised by the Conflict Between Ko Ji-yong and Heo Yang-im [Star Issue]

*This content was translated by AI.

• [Reporter's Notebook]

Ko Ji-yong, formerly of the group Sechs Kies, and his ex-wife Heo Yang-im, a specialist in family medicine, are embroiled in a dispute over child support and visitation rights. While such conflicts between divorced couples are not uncommon, there is a point that needs to be examined in this case: Can the right to meet one's children be restricted simply because child support was not paid?

According to his agency, Ko Ji-yong filed an application for a temporary injunction prohibiting interference with visitation and prohibiting the posting of photos or videos of the child at Seoul Family Court on the 16th. The reason cited is that meetings with his son Seung-jae have not been proceeding smoothly. In an interview with StarNews, Ko stated, "The last time I saw my son was this year's Children's Day." According to Ko's side, since their consensual divorce on April 24, 2024, he has met his son only about six times.

On the other hand, Heo Yang-im, who holds parental rights and custody, announced that she filed a petition for visitation proceedings at the court first on the 5th to counter claims that her visitation rights were being unreasonably restricted. On the 17th, via her SNS, Heo stated, "There was no separate agreement regarding regular visitation at the time of divorce," and added, "We intend to proceed with visitation faithfully in accordance with the court's future decision." Ultimately, both parties will have this matter decided through legal proceedings.

During this process, the issue of child support also came to light. According to StarNews' investigation, Ko Ji-yong has not properly paid child support to Heo Yang-im over the past two years, making payments totaling 3.26 million won on two occasions in August and September of this year. It is understood that Ko has faced economic difficulties due to health deterioration and business failures since his divorce. Ko's side claims they have sent two formal notices explaining these circumstances and requesting permission to pay the unpaid child support in installments.

Once these facts became known, some responded, "Shouldn't he resolve the child support issue first before meeting the child?" Writer So Jae-won also pointed out Ko Ji-yong's failure to pay child support via his SNS on the 18th, expressing the opinion that overdue child support should be paid in full first and that he must demonstrate responsibility as a father.

Holding parents accountable for not paying child support is only natural. Child support is not money given to an ex-spouse but an obligation that parents must bear for their children's living and growth. If payments are not made for an extended period without valid reason, the responsibility is certainly not trivial.

However, legally, child support issues and visitation rights are not immediately treated as a single matter. Lawyer Noh Jong-eon, a specialist in family law handling divorce and inheritance cases and representative of Law Firm Jeongjae, explained to StarNews that "child support payment and visitation rights are separate systems."

Lawyer Noh stated, "In cases where child support is not properly paid, conflicts often escalate through the withholding of children from parents. If child support remains unpaid, there are established means to secure payment, such as applying for an enforcement order at Family Court or pursuing separate procedures like detention."

He further emphasized, "Visitation rights arise fundamentally from the relationship between parents and children," and noted that "visitation cannot be automatically restricted simply because child support was not paid without valid reason."

Current law also stipulates that a parent who does not directly raise a child has the right to visit their child. Of course, this is not guaranteed without restriction at all times. If necessary for the welfare of the child, the court may limit, exclude, or modify visitation rights. Ultimately, the center of judgment must rest on the child's well-being, not on the emotions or interests of either parent.

In this case as well, the two issues need to be examined separately. Why Ko Ji-yong could not pay child support, the actual amount unpaid, and how he plans to fulfill this obligation in the future should be judged under the child support issue. Separately, whether visitation has been properly conducted or if there are circumstances requiring restriction must be evaluated with a focus on the child's welfare, including Seung-jae's wishes, living environment, and relationship with his parents.

Couples can part ways. However, that moment does not mean the parent-child relationship ends as well. The legal proceedings surrounding Ko Ji-yong and Heo Yang-im should not remain a battle to determine which parent is more right. Above all, it must be a process of finding what approach is most stable and healthy for Seung-jae.

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*This content was translated by AI.