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Child support cases constitute a significant portion of all court proceedings. This issue is frequently addressed by attorneys who advise their clients on negotiating a higher amount from the non-custodial parent. This requires submitting an appropriate document and providing a proper factual justification. We explain how to draft a petition for increased child support, what determines the amount of the support, and what justification to include in the document. Learn more by reading the article below!
Often, the key to effectively resolving a child support case regarding an increase is a well-constructed and substantiated petition. Evidence required by the court is essential. It is also important to clearly specify what is being sought, i.e., the exact amount of the child support payment. Therefore, it is advisable to draft the petition for increased child support with the assistance of an attorney who understands the legal intricacies and can do so effectively.
You must understand that the content of the petition and the required justification largely depend on your demand. The situation where the child, represented by the other parent, seeks an increase in support is also significant. This specifically concerns the financial status and capabilities of the obligated party. It is important to remember that a case for increased child support may result in a reversal of the decision, and the other parent may even request a reduction in the support amount. Therefore, if you decide to pursue an increase in child support, justification is not the only aspect you must address. It is crucial to provide evidence of a change in circumstances since the initial determination of the support amount. This could be, for example, a change in the child's needs or an increase in the obligated parent's income. In such matters, a divorce attorney can be of assistance. Divorce cases are often combined with asset division and child custody and support matters.
If you are wondering how to increase child support, you need to understand what truly determines its amount. The family code provisions indicate that the amount of support depends on two factors:
The first factor, financial capabilities, depends on the income of the obligated person. However, it is important to note that an increase in support also depends on the earning potential of the individual, considering all efforts. This is significant, for instance, when a person receives part of their income "under the table" to avoid paying high support. The court may consider earning potential as well as the entire estate owned by the parent. On the other hand, the child's needs, which change with age, are also significant. These needs may also depend on the child's health, development, and other relevant factors.
As you already know, a petition for increased child support must include appropriate justification, which is essentially the basis for effectively increasing the support payment. In this regard, a family law attorney can assist you. It is important to thoroughly describe the costs of maintaining the child. A specialist in this field will certainly advise on what is important and what evidence to include. The document must contain information on what has changed since the last ruling on the support amount. Typically, the justification includes information about the next stage of education, costs for learning and development. Over time, the support should be increased due to rising living costs. However, the reason may also be the child's health condition or required tutoring due to learning difficulties.
You now know how to effectively increase child support — the foundation will be a well-substantiated petition and collected evidence. The petition should consist of certain key elements. We have decided to highlight them:
Therefore, a petition for increased child support should include all the mentioned data to be positively considered. It is advisable to seek the assistance of an attorney when drafting it, who will point out additional aspects worth considering.
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