Child support is calculated using the Child Support Determination Form. However, there are circumstances in which one of the parents can ask the judge to increase or decrease the amount of the payments.
This often starts with a disagreement between the parents as a result of the calculation of the amount to be paid as support
It is possible that one of the two parents finds the amount resulting from the calculation by form unrealistic. For example, if the other parent is a shareholder in a company that could pay him a dividend, or if the effects of another pension for another child has a significant impact on the finances of one of the parents.
The criteria that a judge will consider in agreeing to increase or decrease the amount of child support include:
If one of the parents:
- owns valuable assets, such as shares of a company;
- has become indebted for the needs of the family;
- pay another child support, for example, for a child from another union or another former spouse;
- must pay a special fee to see his children, for example if he has to fly to get to them;
- must spend additional amounts of money because the other parent does not exercise his custody rights. This is the case for example if the mother does not take the children every two weeks as provided for in the judgment;
6. If the child for whom maintenance is claimed has its own financial means;
It must be understood that the judge is not required to mechanically apply these criterias. He has great discretion to agree to increase or decrease the amount of support.
In case of abuse of family law procedures, there is the possibility to ask the judge to convict the other spouse to pay damages in the final judgment. These damages are intended to compensate for some of your losses, for example certain legal fees that you have had to pay.
If you claim child support or alimony and are afraid that you will not have the financial means to assert your rights in court during the proceedings, there is also the possibility of requesting that your ex-spouse be ordered to pay you a provision for litigation costs. This is an amount of money that will be used to cover your future legal fees. The behavior of the ex-spouse, as well as the difference between the incomes of the former spouses, are among the factors that will be taken into account by the judge in his decision.
We represented the father in this case where the mother had sole custody of the children and the father had access rights every second weekend. While the father went to the childcare center to pick them up and start his access rights, it was announced that the children had changed schools and were no longer serving. on duty for three days. The father was stunned because he had no idea where the children were and at what school they had been changed since it was done without his consent. The mother had therefore not respected the father’s right to parental authority. Continue reading “Trial won after a change of school without the consent of the other parent”
The first steps are identical to those for a challenged request: one of the parties shall draft a request for child custody, sign it, have it sworn in and serve a certified copy to the other party along with a subpoena. These documents shall be submitted to the Court Clerk along with proof of a subpoena served by a bailiff to the other party. Before the date of the hearing, one of the parties shall draft a consent statement, that is a document that states the terms of the custody and the alimony for child custody. Continue reading “Unchallenged request for child custody”
When parents are separated, both have to keep providing for their children’s needs. The child support amount quantifies the respective alimony owed by each parent.
If the couple was married, the divorce decree shall regulate the child support. If they were not married, child suppport may be requested at the same time as the custody order, at any time after the breakup of the family. Child support may also be requested retroactively after the petition.
Already set child support may be revised if it appears that the child’s needs or the parents’ respective situations have changed dramatically – for instance, if an adult child is no longer supported by the parent receiving child support, if either parent has a job that pays substantially more or less, or also if a parent has new maintenance obligations for children born out of a second relationship. Our lawyers can help you request a child support revision if you are in this situation. Continue reading “Child support”