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Child support can be provided on a voluntary basis or by court order. In both cases, their amount is set as a share of income or in a fixed amount. But over time, it may turn out that the funds received are not enough to provide proper conditions for the child. Or there are circumstances that require an increase in costs. For such cases, the law on increasing the amount of alimony is provided. Article 192 of the Family Code provides an opportunity to change the amount of payments.
Payments can be changed only by a court decision. For this, the partner with whom the child lives must file a claim for an increase in the amount of alimony. According to the general rules, the court cannot cancel the decision it made earlier. But it is precisely in the case of alimony that the law allows to deviate from the rule. The principle of alternative jurisdiction applies to applications to increase the amount of alimony. That is, you can file a lawsuit in court at the place of residence or permanent residence of both the plaintiff and the defendant.
It should not be assumed that the amount of alimony can be increased at one's own will or due to the fact that the set amount has ceased to suit the recipient. The law provides that in situations where payments are made in a fixed amount, it must be indexed. The increase in alimony as a percentage of income is indexed automatically. There must be good reasons for other increases in payments. The court takes into account the interests of the child, but at the same time carefully considers all the circumstances of the case.
The following grounds are taken into account:
Other significant circumstances will also be taken into account.
A lawsuit to increase the amount of alimony requires that the recipient has evidence of a change in the payer's financial condition. That is, it will be necessary to prove the need to increase payments with certificates and other papers. Collecting them is not always easy. How to file a lawsuit. In order not to waste time and effort on useless proceedings, it is better to contact a lawyer immediately. The specialist will objectively assess the situation and undertake the preparation of all necessary documents.
The following can be used as evidence of a change in the financial status of the payer or recipient:
If we are talking about an increase in payments due to the deterioration of the child's health, it is worth considering the option of collecting additional payments. This case is governed by Article 185 of the Family Code. It provides that the payer of alimony and the recipient of alimony must participate in additional expenses for the child. These include treatment, development, and training. Evidence in such cases can be medical certificates, doctors' appointments, receipts from school or kindergarten, specialists' opinions. In any case, there must be an evidence base. The more carefully it is collected, the more likely it is that the court will approve the claim. It is necessary to justify not only the reason for submitting an application for an increase in alimony, but also the requested amounts.
Advantages of contacting a lawyer:
With our specialists, you do not need to worry about court hearings or preparing a lawsuit. Experienced lawyer on family matters will take care of all the hassles of your case. Including representation of interests in court. Moreover, the specialist will help with conducting pre-trial negotiations. They are often the ones that make it possible to avoid court, when the parties agree on a voluntary increase in payments. But only on the condition that legal justifications are provided and the right negotiation technology is used.
