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.