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Some Notes on Child Support in Japan
Jeremy
D. Morley
1. In Japan
since 2003 there have been two ways to calculate child
support. The first way is through the use of certain charts created by the “Tokyo and Osaka Child Support Research
Group” which determine child support obligations based upon the
income levels of the parents and the age(s) of the children. The
Charts are published on the website of the Tokyo Family Court. They
are simple to apply since all that is required is the income of each
parent, whether the income is salary or self-employment and the
number of children.
2.
The Charts make it inappropriate to use the "child support
calculators" for Japan that are still on several online websites
3. The second way to calculate child support in
Japan is to apply an extremely complicated system whereby gross
income figures are reduced by a range of expenses, including
national and state taxes, social insurance contributions,
employment-related expenses and so-called “special” expenses,
including living expenses, and the resulting figures are then used
in specified formulas. The expense figures are usually calculated
with reference to standardized tables, which vary according to the
locality within Japan. The results of applying the formulas are
usually significantly lower than applying the figures that are
produced by the Charts.
4. In practice, Japanese courts rarely issue child
support orders resulting from contested situations. Instead, the
parties themselves usually negotiate the figures, often with the
assistance of court-appointed mediators. The figures in the Charts
are merely “maximum” starting points, from which significant
reductions are typically made for special circumstances, such as the
father’s health problems, or his pre-existing obligations to support
other family members.
5. The system to collect child support is
extremely weak in Japan. Indeed, surveys show that that only 10% to
20% of fathers pay the correct level of child support. For this
reason, child support payments are invariably reduced from the Chart
levels in order to secure the active consent of father. |