Grounds You Can Use To Request More Child Support
If your child needs more support, you can petition the court for an increase even if the other parent doesn't think it's warranted. The court will consider the facts and make a decision. Below are some of the legal grounds you can use to request additional child support.
Increase in Income
You can request more child support if the noncustodial parent has received a substantial increase in income. For example, a 20% increase in income is substantial. The rationale is that the child should enjoy the best standard of living that the parents can offer.
Any improvement in the noncustodial parent's financial status can trigger child support modification. The increase doesn't have to be in income — even a sudden financial windfall counts. For example, you can request a modification if the noncustodial parent receives a large inheritance or wins the lottery.
Decrease in Income
You can also request more child support funds if your income falls. In this case, the rationale is that the child's standard of living should not fall if the other parent can help maintain the child's standard of living. Say you lose your job or fall sick and cannot run your business — the other parent should increase their contribution to the child's welfare so that the child doesn't suffer.
Increase in Needs
Your child is unlikely to have the same financial needs throughout their life. For example, the financial needs of a preschooler are vastly different from the financial needs of a child in high school. School fees, extracurricular activities, hobbies, and tuition can all increase when a child advances in school. A child's monetary needs can also increase if they fall sick and need costly medical care.
Increase in Standard of Living
Lastly, you can also request more child support if the standard of living increases. An increase in the standard of living means the current child support might not go as far as it used to do before the increase. An increase in the standard of living usually arises due to inflation related to the passage of time. For example, you can request more child support if you have been getting $2,000 for a decade and the standard of living has increased over that time.
Note that you need proof for your claim — the court won't just take your word for it. A family lawyer can help you get and present the necessary proof.
To learn more, contact a family law attorney.