One situation that recurs after divorce is a significant change in the balance of incomes. Sometimes, when support was set, the father earned considerably more than the mother – but a few years later the situation is reversed, while parenting time has expanded.
Showing that your ex-wife earns more is not enough
Where a support decision or agreement already exists, the obligation is not reopened every time salaries shift slightly. What is required is a material change of circumstances, in the framework of which the court may examine both parents’ incomes, earning capacity, parenting time, and the children’s needs and ages.
What about Supreme Court case 919/15?
Case 919/15 is central to child support for children aged 6–15, giving weight to both parents’ financial capacity and to the division of parenting time. However, the change in case law is not necessarily sufficient, by itself, to reopen an old obligation – an actual change of circumstances must be shown. See also: joint custody as a basis for reducing child support.
A case from our office
A father came to the office paying support that had been set several years earlier, at a time when his income was significantly higher than the mother’s and his parenting time with the children was relatively limited.
Over the years reality changed: the mother advanced in her career and her income rose significantly, while the father’s income fell. At the same time, parenting time expanded and the children began spending a substantial part of the week at his home.
During the case we collected updated data on both parties’ incomes, actual parenting time, and the father’s direct expenses for the children. The central argument was that one cannot keep relying on an old financial picture that no longer reflects the family’s actual life.
The case illustrates that support is not examined in a vacuum. Where a significant, continuing change has occurred both in incomes and in parenting time, there may be justification to re-examine the obligation.
Case details have been changed to protect client privacy; no outcome in another case can be inferred from this example.
Which documents should you prepare?
- The original judgment or divorce agreement.
- Old and new pay slips.
- Tax returns for the self-employed.
- Records of actual parenting time.
- The children’s expenses.
- Information on significant changes in the children’s needs.
Do not stop paying on your own
Even if you believe the amount no longer makes sense, as long as the judgment stands you must comply with it. Unilaterally stopping support payments can create a debt and enforcement proceedings.
In summary
If your ex-wife earns significantly more today than when support was set – and especially if parenting time or your own income has also changed – an orderly legal review is warranted. The test is not just “who earns more”, but whether the overall picture has changed materially.
To have your case reviewed call: 077-997-4020
This article is general information only and does not constitute legal advice.
