In family, divorce, or separation proceedings, one of the most important issues affecting a child’s well-being is child support. Once established in a Judgment or Decree, it may be subject to modification based on the child’s circumstances and needs.
The Civil Code of Catalonia regulates the procedures and requirements for making these modifications. In this article, I will explain when it is possible to modify child support, what the most common reasons are, and how you can request it.
When can I modify child support?
Whenever there has been a substantial change in circumstances. That is, whenever the child’s economic situation or needs have changed compared to what was initially agreed upon. If they have changed, a review of this support, and consequently, a modification of measures, is appropriate. This can be by mutual agreement or not.
Most frequent reasons for requesting modification?
The first is based on a change in one parent’s income, either due to an increase or a decrease. The most common example is when one of the parents becomes unemployed. This represents a significant decrease in income, which may lead to a request for a reduction in child support. However, if the parent’s income has increased very significantly, an increase in child support can also be requested.
The second reason is due to a change in the child’s needs. Over time, a child’s needs always evolve and are not always the same. For example, if the child begins university studies. This educational change could justify an increase in child support.
The third reason is a change in custody between the parents. That is, a change in the custody and visitation regime, such that the parent who did not have custody now has it. In this case, it may be necessary to increase the expenses related to the child’s maintenance.
How can I request it?
In this case, we must initiate legal proceedings. We will need to gather all necessary documentation to justify the change (tax documents, university enrollment, etc.). With this, we will draft the lawsuit and file it in court. This can be done by mutual agreement or not. Once the lawsuit is filed, if it is not by mutual agreement, the Judge will decide whether the modification of measures is appropriate and if there are sufficient elements or reasons to approve said change.
In conclusion, we must understand that the modification of child support is a right we have from the moment there is a significant change in our children’s circumstances. Each case is different, and the Judge must assess the concurrent circumstances and decide whether or not to modify child support.
Anna Nicolàs Torán
Expert Lawyer in Family Law
Martínez & Caballero Abogados
