Can support be changed if the other parent's salary increases?
Verified 19 December 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Yeah. Yeah. Maintenance may be modified at any time if the needs of the recipient or the resources of the recipient change significantly.
this change in the amount of the pension must be distinguished from the automatic revaluation as set out in the agreement that has been signed between the parties (between the parents or between you).
In order to obtain an increase in support, the recipient must
- prove that this pension is necessary to meet his needs (or those of the child he is raising)
- and to justify the fact that the current level of the pension is still insufficient.
The beneficiary must provide the proof that the income of the person who pays the pension has increased, particularly if he is living as a couple again.
In the case of remarriage or cohabitation, the income of the spouse or partner may be taken into account by the judge in determining the conditions of means and the needs of the person paying the pension. The judge also takes into account the disposable income after the contribution to the costs and expenses necessary for everyday life (food, clothing, electricity, housing,...).
The application for a review of maintenance shall be made to the Family Court Judge (Jaf) of the Court of Justice of the children's home, by filling out the cerfa form n°11530.
Who shall I contact
Copies of the following documents shall be attached to the application:
- Applicant's birth certificate
- Birth certificate of the child
- Marriage certificate or family record book
- Identity document (national identity card, passport...)
- Last decision on maintenance
- Any proof of his resources (copy of the last 3 salary slips...)
- Certificate of unemployment or long-term sick leave, if necessary
- Any proof of his expenses (rent receipt...) and his needs
- Invoices for tuition, medical care, or other everyday expenses
representation by counsel is not mandatory for this procedure.
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's about making sure that each parent contributes according to their own means. The judge shall take into consideration all the elements he considers useful, whether they be of a social, economic or moral nature.
Once the decision has been rendered, the Registry will send it to you by registered letter with acknowledgement of receipt.
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