Increasing child support – in what cases will a claim for an increase be accepted? Law Firm – Sharon Segal
As a mother of children, you do everything to take care of their needs – education, health, clothing, classes, hot food, emotional support – the list is long and tiring. But what happens when the amount previously awarded for child support is simply not enough anymore? Reality changes, the children grow up, expenses skyrocket – and the father, sometimes, does not participate sufficiently. Is it possible to request an increase in child support? When will the court respond to this?
In this article, we will examine the legal conditions for filing a claim to increase alimony, the position of the case law, the types of expenses that can justify an increase, and the correct legal way to proceed.
Legal basis: Material change of circumstances
Similar to a claim for a reduction in child support, an increase also requires proof of a material change in circumstances. You must prove that a material change has occurred since the date of the judgment or agreement that established the child support. This could be a change in the children’s needs, an increase in expenses, a change in the times of stay, or a significant improvement in the father’s financial ability.
When is a change considered “substantial”?
- A sharp increase in expenses – for example, a child who needs medical treatment, a speech therapist, private lessons, or a more expensive educational setting.
- Children’s growth and maturation – adolescence involves significant expenses: clothes, phones, courses, social activities.
- Beyond an expensive educational setting – a private kindergarten, a kindergarten with high parental payments, a boarding school.
- A father whose income has increased significantly – if the father has improved financially and the gap between you has increased.
- Change in residence time – if the children are with you for a longer period of time.
- A decrease in your income – if you were laid off, experienced a financial crisis, or became ill.
Is it enough that the children have grown up?
Not necessarily. Courts do not usually increase child support simply because time has passed. You must show that expenses have increased, not just that the children have grown older. It is important to present documents that show new expenses or an increase in existing expenses.
How do you file a claim to increase alimony?
You are filing a new lawsuit with the Family Court to increase child support. You must attach:
- A claim with a detailed description of the changes that have occurred
- Affidavit signed before an attorney
- Documents: receipts, medical certificates, education reports, pay stubs for you and your father (if any)
- Evidence of change in stay times (if applicable)
The claim must be well-founded. A general claim that “the children have grown up and the expenses have increased” will not suffice. The more solid the data, the greater the chances of the claim being accepted.
This means: the more you can prove the increase in expenses – and not just claim it – the higher you will exceed the required legal threshold.
And what if the alimony was determined in an agreement and not in a judgment?
A divorce agreement that was signed between you and includes alimony can also be reopened, but the court will examine it with extreme caution. In most cases, you will need to show that the change was unexpected and not taken into account when the agreement was signed.
In addition, you must show that the child’s best interests require the intervention – for example, that the agreement limits you from fulfilling the children’s basic needs, or that the father is taking advantage of the agreement to avoid his share of expenses.
What happens if the father strongly objects?
In many cases, the father will oppose any change, and will try to prove that there is no change in circumstances or that the increase in expenses is excessive or unjustified. In such a situation, a cross-examination will be conducted between you and him – and therefore it is important to prepare the claim in advance with evidence and professional support. You can even attach opinions from professionals, accountants, educators or doctors – as appropriate.
Father’s refusal to pay extraordinary expenses – grounds for filing?
Absolutely yes. If the father repeatedly refuses to pay half of the medical, education or class expenses – you can file a claim for an increase that will also include these components. It is important to attach receipts and notices sent to him. Sometimes the court will also set a fixed charge for components that were previously defined as “exceptional.”
When will the lawsuit be dismissed?
- If you have not proven a real change in circumstances
- If the expenses you claim are unproven (without receipts or references)
- If the child is almost an adult or in a national/military service status
- If the change you are presenting has already been taken into account in the past
The court’s considerations: the best interests of the child
The main criterion that the court examines is the best interests of the child. Does the existing support provide a reasonable response to his needs? Is the child likely to be harmed if the claim is not accepted? The court strives to balance the child’s rights with the parents’ financial ability – but it will not allow a situation in which the child is harmed because one of the parents does not participate financially as required.
Tips for women seeking augmentation:
- Don’t wait – as long as the change exists, act as soon as possible.
- Stay up to date – keep ongoing records of expenses
- Don’t compromise on your child’s needs – but also be realistic.
- Consult an attorney – don’t try it alone, this is a complex area.
Summary
A lawsuit to increase child support is a possible, legitimate, and necessary legal process in many cases. If you feel that the economic reality has changed and the father is not participating enough – do not hesitate to take action. Your children are entitled to everything they need to grow up with dignity and security.
For additional questions or for personal legal advice, contact the Sharon Segal Law Firm at: 077-997-4020
