Can support be changed if the other parent's salary increases?

Verified 09 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, the amount of child support may be revised if the income of the paying parent (the debtor) change significantly.

In general, a parent may apply for child support changes if a new element has occurred in the income or expenses of the parents or if the child's needs have changed.

Warning  

The revision of the amount of maintenance should not be confused with the annual increase in maintenance payments. Recovery shall take place where the judgment, divorce or parental agreement provides for a indexing clause in order to monitor the development of a consumer price index.

The amount of maintenance may be reviewed amicable between the parents. To reach an agreement, parents may request a family mediation.

The agreement reached between the parents can be formalized in a parental agreement.

Model parental agreement - Residence and rights of access and accommodation

Model parental agreement - Alternate residence

In case of disagreement, one of the parents may enter the Jaf: titleContent of a application for review of maintenance.

The application can be made using the following form:

Application to the family judge (parental authority, right of access, maintenance...)

In his request, the parent must, in particular specify new item justifying a modification of the maintenance previously fixed.

The court competent to receive the application shall be that of the place of residence of the parent with whom the minor child habitually resides.

If the application relates solely to maintenance, the competent court shall be that of the place of residence of the parent who is primarily responsible for the minor or adult child.

Who shall I contact

The lawyer is not required to make the request to the Jaf.

Who can help me?

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