Modifying Child Support: Legal Grounds
The amount of child support is not static. According to § 102 of the Family Law Act (PKS), a parent has the right to request a change in the amount of child support if the circumstances that formed the basis for the original calculation have significantly changed. This means that if the child's needs have increased or the parent's financial situation has shifted, the court has the authority to adjust the support.
When can child support be increased?
You may request an increase if:
- The child's needs have grown: Such as the start of school, extracurricular activities, or increased health-related expenses.
- Rising cost of living: Inflation and general price increases may justify an adjustment.
- Increase in parent's income: If the obligated parent's financial situation has improved significantly, the child is entitled to share in that higher standard of living.
When can child support be decreased?
A decrease may be requested if:
- The parent's income has dropped: Due to redundancy, long-term illness, or loss of working capacity.
- New dependents: If the parent has acquired new legal maintenance obligations.
- Decrease in child's needs: In rare cases where the child's maintenance costs have significantly declined.
How to proceed?
Modifying child support usually requires a court process if the parents cannot reach an amicable agreement. It is crucial to gather evidence regarding the changed circumstances. The court evaluates each case individually, prioritizing the best interests of the child and the financial capacity of the parents.
Has your situation changed, and do you need a precise analysis? Our experienced lawyers at Legal Aid 24 are here to help you assess your prospects for modifying child support. Contact us today for a personalized legal analysis of your unique situation!