Adjusting support: modification when circumstances change

Support is not fixed forever. If the relevant circumstances change substantially, such as income, the child's age, new support obligations, or the elimination of the need, the support can be adjusted upward or downward.

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With a substantial change in circumstances, a support title or agreement can be modified. This applies in both directions, higher need or lower ability to pay.

A reduction generally does not automatically take effect retroactively. So you should assert the change early and, if necessary, call on the payer to provide information, to secure the point of adjustment.

What you should do now

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1. Establish the change
Clarify what has substantially changed (income, the child's age/need, further support obligations).
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2. Demand information
For an upward adjustment, you can demand information about the current income. This is a requirement for a recalculation.
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3. Assert the adjustment
Demand the adjustment in writing and name the point from which it is to apply.
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4. Have the title changed
If there is a support title, a modification through the family court is possible if no agreement is reached.

How to spot the scam

You keep paying the old amount even though the circumstances have changed greatly.
You demand an increase only after a long time, earlier periods can be lost.
The payer refuses to provide information about their income.

Frequently asked questions

When can support be adjusted?

With a substantial change in the relevant circumstances, such as a clear change in income, the child reaching a new age tier, or new support obligations. The adjustment can be upward or downward.

Does the change take effect retroactively?

Generally not automatically. For the past it is usually required that the payer was put in default or called on to provide information. So assert changes early.

Do I have to go to court?

Not necessarily. Often an adjustment can be clarified out of court. If no agreement is reached and a title exists, it can be adjusted through a modification at the family court.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.