Shenzhen Professional Divorce Lawyer: Can Child Support Be Increased or Decreased After Divorce?

When getting a divorce, it was agreed that 500 yuan would be paid monthly for child support. Now that the prices have risen, it's not enough to raise the child, can he pay more? "I recently lost my job and have no income, can I pay less child support?" Many people think that the child support agreed upon during a divorce is fixed and unchanging, but this is not the case. Child support can be increased or decreased based on the actual circumstances.Daohua Family Law and Matrimonial LawyersClarify the specific conditions and procedures for everyone.

Child support adjustments require the fulfillment of these conditions:

The first type, three situations in which child support can be applied to increase. If any of the following situations occur, the parent responsible for child care can apply to the court to increase child support: 1. The originally agreed-upon amount of child support is insufficient to maintain the local actual living standards (such as rising prices, increased expenses for the child's education); 2. The child falls ill or goes to school, and the actual needs exceed the originally agreed amount; 3. There are other legitimate reasons (such as a decrease in the income of the parent responsible for child care, or the child needing to attend interest classes).

The second type, two situations where child support can be reduced. The payer of child support can apply to the court to reduce child support if the following situations occur: 1. Loss of working ability, no source of income, unable to pay child support as agreed; 2. Suffering from illness, unemployment, economic difficulties, temporarily unable to pay child support (relevant proof required, such as unemployment certificate, medical records). It should be noted that the reduction of child support cannot be applied arbitrarily; there must be sufficient evidence to prove one's own economic difficulties to avoid abuse of rights.

The third type, process description. Whether to increase or decrease child support, both parties need to negotiate first. If they reach an agreement, they should sign a supplementary agreement; if they fail to reach an agreement, they should file a lawsuit with the court and submit relevant evidence (such as child expenditure vouchers, proof of income, medical records, etc.), and the court will make a judgment based on the actual situation.

The adjustment of child support is centered around "the actual needs of the child" and "the economic ability of the payer," and it cannot be arbitrarily requested to increase or decrease based on personal wishes. Additionally, even if the payer is facing economic difficulties, they cannot refuse to pay child support unless they have completely lost their ability to work and have no source of income.

If you have any confusion about child support adjustments, feel free to contact us online at any time for consultation.