Past child support is similarly difficult to collect retroactively, but we believe it is inappropriate that the right to petition is somehow lost if a petition is not made. (Since rights do not disappear unless they disappear by extinctive prescription, this conclusion is somewhat incorrect, isn’t it?) Therefore, an attorney should strongly assert the right to petition retroactively.
When a divorce trial is being proceeded for the divorce decision (saiban-rikon), it is not possible to petition for payment of retroactive alimony in the same trial procedure. Therefore, a separate lawsuit must be filed in order to demand such payment.
However, property division decisions take various circumstances into account and consider the facts, so seeking a separate lawsuit is probably unnecessary.
Child support is right of the spouse who lives with children Any financial support for the spouse after divorce is not an obligation under Japanese civil law.
Divorce court decision precedents have established that when there was a petition demanding past child support from the time of separation until the divorce, the court may include child support payments in the decision granting the divorce. However, past alimony is generally considered to be considered to be included in property division, and child support orders for future will be orderd within divorce court order. For past child support up until the divorce, we believe it is the best way to consider it part of past alimony and to handle it within property division.
However, when pre-divorce payments are wanted, and divorce trial procedure is prolonged, it may be advantageous to initiate a petition(shinn-pann) for the past alimony to obtain payments more quickly.