Click here to reach Navias to inquire or for making an appointment.
Child Support
Simple steps from Navias for preparation and problem resolution
- Preparation Step 1
-
To begin with, verify
whether it is possible
to initiate action
in Japan.
- Preparation Step 2
-
Understand the standard
amount for child support
and how to demand
child support.
- Preparation Step 3
-
Understand counseling
flow and fees of Navias
and make an
appointment.
- Go to Navias
-
Check case studies
and be mentally
prepared.
Preparation Step 1
Verify if it is possible to initiate action in Japan.
Action can be taken in Japan for the following
cases.
Unlike in a case of a dispute between Japanese nationals, governing laws and jurisdiction must be determined in a dispute between foreign nationals or between a Japanese national and a foreign national.
- The child or the custodial parent
resides in Japan. - In a case where the child or the custodial parent resides in Japan, the Family Court (domestic relations court) in Japan has adjudicative jurisdiction.
- Non-custodial parent holds
domicile in Japan. - Even in a case where the child or the custodial parent does not reside in Japan, if the non-custodial parent has domicile in Japan, the Family Court (domestic relations court) in Japan has adjudicative jurisdiction.
Adjudicative jurisdiction for child support allocation
| Non- custodial parent resides in Japan | Non- custodial parent resides abroad | |
|---|---|---|
| Child or custodial parent resides in Japan | ◯ | ◯ |
| Child or custodial parent resides abroad | ◯ | × |
- Governing Law
- If action can be initiated in Japan, evaluate law of which country will apply in proceedings.
- Begin checking Child was born in Japan. Child continually lived in Japan after birth. Laws of Japan? Please contact Navias. Child is presently living in Japan Has been living for over 7 years. Laws of Japan Law of the country where the child has habitual residence provides for child support Law of the country where the child holds domicile Child and non-custodial parent are of the same nationality Law of that country stipulates mandatory child support Law of that country Laws of Japan
Preparation Step 2
Understand the standard amount for
child support and how to demand child support.
Calculation method for standard child support and how to demand child support when Japanese law applies will be explained
reasonable child
support amount Amount of child support will be determined from annual incomes of custodial parent and non-custodial parent, ages of children, number of children. The Family Court generally uses the schedule for child support calculation.
For example, if annual income (before tax) of the father (non-custodial parent) is 6 million yen and that of the mother (custodial parent) is 3 million, and the children are 3 years old and 5 years old, monthly amount of child support for the two children will be 60,000 to 80,000 yen.
allocation
mediation A petition for child support allocation mediation is filed to demand child support. If a settlement cannot be reached by negotiation, a petition for determination of child support by the Family Court is filed. It usually takes 4 to 6 months for a ruling to be made after filing.
negotiation In a case where the matter may be settled between the parties by negotiation without seeking mediation by the Family Court, the parties may negotiate out of court prior to filing a petition for mediation and prepare an agreement.
Preparation Step 3
Flow for counseling with NAVIAS
After determining whether action can be initiated in Japan and identifying problem resolution procedures available, consider contacting Navias on specific issues.
Make an appointment for legal counseling
Make an appointment for legal counseling using the Inquiry Form or by e-mail.
Please provide questions you have and background information pertaining to your problem by e-mail and attach data of reference materials. In some cases, problems can be resolved just by e-mail.
Fee
Resolution by e-mail or
multiple consultations shall be charged at hourly rates.
Initial counseling
Navias will hear the details about the problem you are facing at the initial counseling session. The first session will be charged by our hourly rate. Please bring information on the status of both spouses as Navias will need to know those in carrying out our detailed investigation.
Fee
Charged at hourly rates.
Proposal for problem settlement by Navias
Navias will determine whether proceeding can be initiated in Japan or not and law of which country will apply. If Japanese law is applicable, Navias will consider procedure that will be enforceable in the country of the other party. In a case where laws of the other country will take precedence, Navias may require about 1 month for research. Thereafter, Navias lawyers will propose procedure to be taken and advise the client. Should the client decide to proceed with litigation or negotiation, the client shall be requested to officially retain Navias.
Formal request
Upon receiving formal notification of intent to retain Navias, Navias and the client shall enter into a contract of mandate and our lawyers will begin legal work to resolve the problem. Progress will be reported as needed.
Fee Schedule
Flat Fee is available for attorney fee.
Click here to reach Navias to inquire or for making an appointment.
Kindly refer to the following fee schedule for legal counseling.
Navias offers 4 major benefits
and full-fledged support.
-
Near-by and Convenient
Localized to Yokosuka -
Payment in
US $ accepted -
PayPal
-
US Embassy
Listed Law Office
-
- Can a lawyer be present at a mediation?
- Navias lawyer can attend as an attorney of the client.
-
- Can I learn of the proceedings of a trial or mediation?
- Navias shall report on the proceedings by e-mail or documents.
-
- The client is residing outside Japan.
- Navias can proceed to process an action using e-mail, Skype or telephone.
-
-
I suddenly received documents from a Japanese court. It is written in Japanese and I cannot understand what is written. Called the court, but no one understood English.
I do not know what to do next. Do I need to go to the court? Do I need to submit any documents? - Navias will explain, in English, what is written in the documents you received from the court. Then, we will explain what procedures need to be taken. Should you wish to attend the arbitration or trial by yourself, we can advise you based on our charge by hourly rate system. If you retain Navias and sign a Power of Attorney document, we can negotiate, prepare documents, and attend court representing our client. The client need not attend the court in person.
-
I suddenly received documents from a Japanese court. It is written in Japanese and I cannot understand what is written. Called the court, but no one understood English.
Click here to reach Navias to inquire or for making an appointment.
Navias Legal Trivia for Your Benefit
Practical knowledge exclusively for readers of Navias page.
- When a married couple gets divorced, the parent caring for the child can demand the non-caring parent to pay child support.
- Amount of child support is from the annual incomes of the parents and the ages of the children. In addition, adjustment to the determined amount of child support can be requested for circumstances such as increase or decrease of income or when the amount becomes inappropriate.
- Payment of child support or amount of child support can be mediated by the Family Court. If the other party fails to appear for mediation or the matter cannot be settled, the family Court will determine the amount for child support.
- In a case where the non-custodial parent resides in Japan and the non-custodial parent fails to pay child support determined by the Family Court, the court can enforce payment. If the work place of the non-custodial parent is known, half of monthly net salary, after tax and social security payment deduction (if the remaining salary exceeds 660,000 yen, amount after deducting 330,000 yen), can be seized.
- If the payer of the salary is a foreign government, effecting salary seizure is difficult.
Case Studies
The following are cases picked out from many cases that Navias handled in the past
A Japanese ex-wife demanding child support from an American ex-husband
The amount of child support demanded by the ex-wife was scrutinized very carefully by Navias and Navias proceed to negotiate. Navias provided support, in Japanese and in English, on legal points. An agreement was reached on child support and visitation/contact with child smoothly.
A case of child support and visitation/contact with child by an American ex-husband vs. his ex-wife.
An American ex-husband requested visitation/contact with child mediation to his ex-wife. Navias was successful in leading to an agreement on child support payment and regular visitation with child in this mediation between non-Japanese nationals.
Click here to reach Navias to inquire or for making an appointment.