Can I have the child support for my child changed retroactively?
April 7, 2022 | 50,00 EUR | answered by Marcus Hering
Dear lawyer,
My name is Sophia Beck and I have a question regarding child support for my child. My ex-partner and I separated two years ago and since then he has been paying monthly child support for our child. However, his financial situation has significantly improved recently, while my income has remained the same. Therefore, I am wondering if it is possible to retrospectively change the child support to ensure that he continues to be adequately cared for.
My ex-partner has so far refused to voluntarily increase the child support, and I am concerned that my child could suffer from the financial inequality. I want to ensure that my child receives the best possible care and that his well-being is always the priority.
Could you please inform me if there are legal options to retrospectively change the child support, based on my ex-partner's improved financial situation? What steps would need to be taken for this and what deadlines need to be considered? Are there possibly alternative solutions to ensure that my child is adequately cared for and supported?
Thank you in advance for your help and support.
Sincerely,
Sophia Beck
Dear Mrs. Beck,
Thank you for your inquiry regarding child support for your child. It is understandable that you are concerned about your child's financial situation and want to ensure that they are adequately provided for. In general, child support can be modified retroactively if a parent's financial circumstances have significantly changed. In your case, where your ex-partner's financial situation has improved, a review and adjustment of the support may be justified.
To change child support retroactively, you would need to file a petition to modify the support order with the relevant family court. In this petition, you should provide all relevant information about your ex-partner's financial situation and your own income. It is important to provide appropriate evidence to demonstrate the changes in financial circumstances.
The court will then review whether the conditions for modifying the support are met and make a decision accordingly. The court may conduct a recalculation of the support and adjust it according to the changed financial circumstances.
There are no fixed deadlines for filing a petition to modify support, but it is advisable to do so promptly once the financial situation has significantly changed. It is important to seek legal advice in a timely manner to best represent your claims and rights.
Alternatively to a court dispute, you could also try to reach an out-of-court agreement with your ex-partner. In such a case, you could mutually agree on a new support arrangement, which would then need to be notarized.
I hope that this information has been helpful to you. If you have any further questions or need assistance, please do not hesitate to contact me.
Sincerely,
Marcus Hering
Attorney at Law
