JAPAN Law and Practice Contributed by: Kenji Yano, Tokyo Kokusai Partners Law Office
2026 Amended Civil Code The Amended Civil Code introduces a statutory child support scheme ( hōtei yōikuhi ), under which a mini ‑ mum level of support arises by operation of law until a specific amount is agreed or judicially determined. Agreements on Child Support Parents may agree on child support without recourse to the court. Such an agreement is valid as a contract. However, in order to obtain enforceability, it must be embodied either in a notarial deed containing a clause consenting to compulsory execution or in a court mediation record (Civil Execution Act, Article 22). Even where an agreement has been reached, if its terms are manifestly unreasonable, or if there is a sub‑ sequent change in circumstances (such as a material change in either party’s income), the Family Court may modify the arrangement in the future. Orders for Child Support and Duration The Family Court may issue orders requiring the pay ‑ ment of child support. The obligation is based on the duty of maintenance toward a non-self-supporting child. Its duration is not determined by a fixed age limit, but by whether the child has achieved social and economic independ ‑ ence. Accordingly, support may extend beyond the age of majority (18) – eg, where the child is enrolled in higher education or where illness or other circum ‑ stances make self-support difficult. Claims by the Child for Financial Support Under Article 877 of the Civil Code, a child may claim maintenance from his or her parents. In practice, however, post-divorce child support under Article 766 of the Civil Code is ordinarily claimed by the residential parent on behalf of the child. Where the child is a minor, the right is exercised by the child’s legal representative. Even after reaching the age of majority (18), a child may bring a claim for maintenance if he or she quali ‑ fies as a non-self-supporting child – eg, while enrolled in higher education or otherwise lacking social and economic independence.
The court must give primary consideration to the best interests of the child, and may determine the child’s living arrangements and the frequency and modali ‑ ties of contact. Even in high-conflict cases, Japanese courts often seek to secure both feasibility and safety through measures such as phased contact and the involvement of third-party institutions. However, there is no general mechanism under Japa ‑ nese law by which the court can directly compel a par ‑ ent to reside in a particular area. Disputes concerning relocation are typically addressed indirectly through proceedings such as designation of the custodian or designation of the parent exercising parental authority for a specific matter. As to enforcement, compliance with contact arrange ‑ ments is secured primarily through indirect enforce ‑ ment measures (eg, monetary pressure orders). Definition of Child Support Child support refers to the expenses necessary for the care of a minor child, which are to be borne by the non-residential parent (Civil Code, Article 766 (2)). Under Japanese law, the obligation to pay child sup ‑ port is understood as a duty to maintain an equivalent standard of living, meaning that the child is entitled to a standard of living commensurate with that of the parent. Child support therefore includes not only ordi ‑ nary living expenses (food, clothing and housing), but also educational and medical expenses. Assessment of Child Support In practice, child support is calculated primarily by reference to the “Child Support and Spousal Main ‑ tenance Calculation Tables” published by the courts. The principal factors are the respective incomes of the parents, the number of children, and their ages. However, these tables serve only as standardised guidelines. The court may adjust the amount in light of specific circumstances, such as private school tuition, extraordinary medical expenses, or particular features of the parties’ maintenance obligations.
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