Can maintenance be changed in the event of a salary increase?
Verified 17 March 2020 - Directorate for Legal and Administrative Information (Prime Minister)
Maintenance may be changed at any time if the needs of the creditor or resources of debtor have changed significantly.
this revision is distinct from the periodic revaluation..
To obtain an increase in support, the recipient must:
- justify that he is still in need,
- prove that he is unable to support himself (or the child he is raising),
- justify that the current amount of the pension is still insufficient.
The beneficiary must prove that the debtor's resources have increased, particularly if he is living as a couple again.
In the event of remarriage or cohabitation, the income of the spouse or partner may be taken into account by the judge in determining the conditions of resources and the needs of the debtor.. The judge also takes into account the disposable income after the contribution to household expenses.
The application for review must be made to the Family Court Judge (Jaf) of the children's home court, by filling out form cerfa n°11530.
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The judge shall take into account the existing resources and the needs identified at the date of his decision in order to respect the principle of proportionality. It shall take into account all elements it deems useful, whether they are of a social, economic or moral nature.