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Attorney Milena Nowicka
When can an increase in child support be requested?
How to draft a lawsuit for an increase in child support
What should you do to obtain higher child support for a child?
Increase in child support due to the child’s increased needs
Increase in child support due to an improvement in the parent’s financial situation
A case for an increase in child support – how to defend yourself?
Summary
FAQ – frequently asked questions and answers
Child support once awarded for your child does not apply forever. On the contrary – an increase in child support may become necessary, whether due to an improvement in the other parent’s situation or because of the child’s growing needs. So how do you effectively file a lawsuit for an increase in child support? When are you entitled to do so? And how can you defend yourself when the other parent unjustifiably wants to change the amount?
In order for child support to be increased, it must first have been awarded at all. This means that before filing a motion for an increase in child support, one of the following must have occurred:
If none of these situations applies to your case, you must first apply for child support for the child (or, if the child is of legal age, they may do so independently). Only then can the next step be a possible request to increase that amount.
Importantly, the amount of child support is determined on the basis of two main criteria:
This means that the amount of child support determined, for example, in a divorce judgment is considered adequate for the situation at that time. Consequently, an increase in child support becomes possible only when one of the above circumstances changes – the child’s needs increase or the parent’s earning capacity improves.
What matters here is only a permanent change in these circumstances. Temporary, additional expenses for the child (e.g. covering three months) or an occasional, extra income do not constitute grounds for the court to consider a request for an increase in child support justified.
Let us assume, however, that the two conditions described above are met. There is a court judgment or settlement, the circumstances have changed permanently, and you have concrete arguments for an increase in child support.
In such a situation, further steps must be taken, namely filing a lawsuit for an increase in child support. Importantly, since this concerns child support for a child, the child will be the claimant in the case. If the child is a minor, you act on their behalf, adding under the claimant’s details the note “represented by” along with your own details. For the same reason, you sign the lawsuit for an increase in child support.
The first step to obtaining higher child support is to prepare a statement of claim. Of course, the justification plays a crucial role here. However, before the court even considers your request for an increase in child support included in the lawsuit, it will check whether the document meets the formal requirements imposed by law.
At the very top, write the place and date. Below that, also on the right-hand side, indicate the court to which you are submitting the lawsuit. This will be the family and juvenile division of the court competent for the defendant’s place of residence or for the place of residence of the entitled person (your child) – the choice is yours.
The next issue concerns the details of the parties: the claimant (your child) and the person representing them (you), as well as the defendant (the other parent). You place the information about both the claimant and the defendant on the left-hand side of the document.
Child support constitutes a recurring benefit. Therefore, in accordance with the regulations, the value of the subject of the dispute refers to the annual total of the payments.
Remember, however, that by requesting an increase in child support in the lawsuit, you are seeking to increase an already received benefit by a specific amount. Thus, when determining the value of the subject of the dispute, you take into account only the difference between the amount you are claiming and the amount previously received.
Only after including all the elements mentioned above can you write the title of the document – in this case: “Lawsuit for an increase in child support.”
Next, you indicate what you are requesting on behalf of the minor. This will primarily include:
This is also the place to indicate whether you attempted to resolve the dispute out of court together with the defendant.
Only after addressing all these formal issues can you move on to the justification. Here, you indicate the circumstances supporting the increase in child support. You support your arguments with evidence, which must be listed in the content of the lawsuit and attached to it. At the end of the lawsuit, there must also be your signature or the signature of the lawyer representing you in the matter.
As you already know, to obtain higher child support for a child, you must file a lawsuit. Assuming that you meet all the formal requirements of such a document – including correctly identifying the parties to the proceedings and indicating the competent court – you can then focus on the most important and most extensive part of the lawsuit, which is the justification.
It is in the justification that you must present all arguments supporting your requests. It is difficult to expect an increase in child support if you cite arguments from the previous lawsuit – at that stage, the court already determined the amount appropriate to the situation at that time. Therefore, in the justification, focus solely on what has changed since then.
In practice, this means that you will refer to the issues that are relevant when determining the amount of child support, namely:
It might seem that you can apply for an increase in child support only when your child’s life changes dramatically – for example, if they develop an illness requiring costly rehabilitation. In practice, however, an increase in child support is possible in many situations.
Above all, it can be generally assumed that the older the child, the greater their needs. Over time, they want to develop their passions, participate in additional activities, travel, and spend time with friends, for example at the cinema or at concerts. Eventually, they also start a new level of education, which entails higher educational costs.
The most important evidence in such a situation will be invoices and receipts confirming the amount of expenses incurred, as well as various types of contracts, statements, and certificates. In short – anything that indicates that your child’s needs have indeed increased.
The justification for an increase in child support may also focus on an increase in the financial and earning capacity of the parent obliged to pay.
This category includes not only a pay raise or a change of job to a better-paid one. The parent may also have finished paying high loan installments, received a valuable inheritance or donation, or even resolved health issues that previously significantly increased their living expenses.
Each of these situations can therefore be a good argument for requesting an increase in child support. In order to obtain appropriate evidence, you may request that the court oblige the other parent to submit documents such as bank statements or an employment contract.
You may, however, find yourself in the opposite situation. You are obliged to pay child support, and now the other parent, on behalf of the child, is seeking an increase. What can you do then?
Which solution to choose depends on the specific circumstances of the case. You may not always have grounds to request complete dismissal of the lawsuit. Sometimes you simply do not want to do so – you agree to an increase, but challenge the excessive calculations of the other parent.
Regardless of which path you choose, you must focus on exactly the same issues as the opposing party. In short, show that your earning capacity has not increased or that the child’s needs have not changed. Alternatively, that although changes have occurred, they are to a lesser extent than suggested in the lawsuit.
And what if your situation has even worsened? Your living costs have increased, health-related expenses have appeared, or you have lost your job? In such a case, you may file a so-called counterclaim and seek not only to prevent an increase, but even to have the child support reduced.
To properly assess your chances in a specific case, you need to be well acquainted with the regulations, case law, and court practice in similar matters. If you are unable to assess these issues on your own, you can seek the assistance of a lawyer.
Cases involving an increase in child support can be complicated, and the court’s decision will affect your child’s future. This means that you must prepare properly for the case by gathering evidence and presenting strong arguments. If you do not want to handle this on your own, you can always seek the help of a lawyer.
What are the most common questions and answers regarding an increase in child support?
Can you apply for an increase in child support if the financial situation of the obliged parent has improved?
Definitely yes – this is one of the two permissible reasons for changing the amount of child support. Such an improvement may consist, among other things, in receiving a pay raise, a donation, or an inheritance, or even in reducing fixed expenses, for example by paying off a mortgage loan.
How should an increase in child support for a child be argued?
The court will award higher child support for a child only on the condition that you demonstrate a change in the previous situation. You must therefore prove that since the judgment establishing the original amount of child support was issued, the child’s needs have increased or the financial and property situation of the parent obliged to pay has improved.
How can child support be increased?
In such a case, it will be necessary to prepare a lawsuit containing a request for an increase in child support, as well as arguments and evidence supporting your position.
Which court should a lawsuit for an increase in child support be filed with?
A lawsuit for an increase in child support should be filed with the family and juvenile division of the court competent for the place of residence of the entitled person (the child) or for the place of residence of the defendant (the parent obliged to pay).
The document for an increase in child support – court fee
A lawsuit for an increase in child support is exempt from court fees. This means that you do not incur any costs in this respect. Expenses may arise, however, if you decide to use the assistance of a lawyer.
