Can I have child support changed retroactively?
March 10, 2024 | 40,00 EUR | answered by Oliver Breitwieser
Dear Sir or Madam,
I am reaching out to you as I urgently need advice on a family matter. My name is Maria Klein and I am a single mother of a five-year-old son. Since separating from my ex-partner three years ago, he has been regularly paying the agreed child support of 300 euros per month. However, my financial situation has worsened in recent months as I lost my job and now only work part-time. This has made it difficult for me to cover the costs of my son's care and living expenses.
I am concerned that I may not be able to continue paying the child support at the agreed amount for much longer and therefore wonder if it is possible to retrospectively change the support. Are there legal options to adjust the child support to reflect the changed circumstances? What steps do I need to take and what documents are required for this? Can the change be applied retroactively or do I need to implement the new support arrangement from now on?
I would greatly appreciate it if you could help me in this difficult situation and provide me with possible solutions.
Sincerely,
Maria Klein
Dear Mrs. Klein,
Thank you for your inquiry and trust. I am sorry to hear that you are in a difficult financial situation. I would like to help you and provide you with some information regarding your question about changing child support.
In general, it is possible to adjust child support if the financial situation of a parent paying or receiving support has changed. In your case, since you have lost your job and are now working part-time, this is certainly a change in circumstances that could justify an adjustment to child support.
To modify child support retroactively, you need to submit a request to modify the support order to the competent family court. In this request, you should explain and provide evidence of your changed financial situation, such as current pay stubs, bank statements, and a breakdown of your monthly income and expenses.
It is important that you submit the request as soon as possible once your financial situation changes. Retroactive adjustment of child support is generally possible, but the court will need to review and decide on this on a case-by-case basis. The new support arrangement may start from the date of the request, or it may be adjusted retroactively if the conditions are met.
It is advisable to seek advice from a family law attorney in this matter to ensure that all legal steps are taken correctly. An attorney can also inform you of your rights and obligations and represent you in court proceedings.
I hope this information is helpful to you and wish you success in adjusting child support. If you have any further questions, please feel free to contact me.
Best regards,
Oliver Breitwieser
Family Law Attorney
