Child support: when and how it can be modified

A divorce judgment is not final in every respect. Personal and financial circumstances change over time, and, for this reason, the law allows child support to be modified when it no longer reflects the family’s reality. Therefore, if you have lost your job, your income has decreased, or your children’s needs have changed, you may request a review.

In this article, we explain clearly when you can modify child support, what requirements must be met and, above all, the legal steps needed to do so correctly.

If you are looking for a legal definition, you can consult our legal dictionary entry on child support. Here, however, you will find a practical guide if you need to modify it.

 

What is child support and who pays it?

Child support is the monthly amount paid by the non-custodial parent —or by the parent who spends less time living with the children in shared custody arrangements— to cover the children’s expenses: food, education, clothing, healthcare and extracurricular activities.

This payment is set out in the divorce judgment or in the parenting agreement approved by the court. In doing so, the court takes into account both the children’s needs and the financial capacity of each parent.

However, when these circumstances change, it may be possible to modify child support through the appropriate legal procedure.

 

When can child support be modified?

To modify child support, it is essential to prove a substantial, relevant change that occurred after the original judgment. In other words, minor variations are not enough: the change must significantly affect either the financial situation or the children’s needs.

Grounds for requesting a reduction

Job loss or reduction in income. If the parent paying child support has lost their job or their income has decreased significantly, they may request a reduction. In this case, the court will assess their real financial situation and their ability to seek employment.

Illness or incapacity. Likewise, a subsequent work incapacity that affects the ability to pay may justify a temporary or permanent reduction.

Birth of new children. In addition, if the paying parent has children in a new relationship, that additional financial responsibility may be taken into account when adjusting the amount.

Improved financial situation of the receiving parent. Finally, if the parent receiving child support has significantly improved their financial situation, the amount may be reviewed downwards.

Grounds for requesting an increase

Increase in the child’s needs. A change of school, the start of university studies, the need for medical or therapeutic treatment, or simply the child’s growth and higher expenses are common reasons to request an increase.

Improved financial situation of the paying parent. Similarly, if the parent paying child support has substantially increased their income since the original amount was set, the other parent may request an update.

Outdated child support amount. Furthermore, if the amount has not been reviewed for many years and the annual CPI update has not been applied correctly, an upward review may be requested.

 

 

How to modify child support

If both parents agree

The fastest and most cost-effective option is to reach an agreement. Both parents sign a new agreement with the revised child support amount, which is then submitted to the court for approval. Once approved by the court, it has full legal effect.

However, without court approval, a private agreement does not have enforceable legal force. As a result, if one parent stops complying with it, it cannot be directly enforced in court.

If there is no agreement

If the parents cannot reach an agreement, it is necessary to start a procedure to modify court-ordered measures before the court that issued the divorce judgment. The parent requesting the change must therefore prove the substantial change in circumstances with appropriate documentation: payslips, income tax returns, unemployment certificates, medical reports, school invoices, etc.

The other parent may, in turn, oppose the request and submit their own evidence. The judge will then decide after assessing all the documentation.

 

When does the child support modification take effect?

The modification of child support usually takes effect from the date of the court judgment, not from the date of the application. For this reason, it is advisable to start the process as soon as possible if you need to modify child support.

 

What happens if I stop paying child support without a court-approved modification?

Stopping child support payments without first obtaining a court-approved modification is a mistake with serious consequences. In particular, failure to pay may lead to enforcement proceedings and, in extreme cases, criminal liability for family abandonment.

Therefore, if your financial situation has changed, the correct step is to request a modification immediately, not to stop paying unilaterally.

 

How Zabalgo Family Lawyers can help you

At Zabalgo Family Lawyers, we specialise in Family Law and in procedures for the modification of court-ordered measures. We analyse your case, advise you on its viability and support you throughout the entire legal process.

Request a consultation with Zabalgo Family Lawyers

Paloma Zabalgo is a lawyer specialising in Family Law and President of the Family and Succession Law Section of the Madrid Bar Association.