Are you trying to get more child support? It is possible to get more child support if your ex’s income increases but it is not a foregone conclusion. Most courts in most states will entertain a request for either an upward modification of a child support order or a downward modification on the basis of changed circumstances.
It is easier sometimes, though to get the order changed if it is part of the divorce decree and not a stand-alone order. Your chances of getting the order also increase if you can show a real need for additional funds and not just a desire for the funds based on the fact that your ex is making more money. The children are entitled to a standard of living that the parent can afford and of course if you were married at one point, the children have a certain standard of living they are entitled to continue to enjoy. But whether they are entitled to increase that standard of living just because the non-custodial parent’s income increases, that is a question. Especially in a situation where the amount you are getting is already significant and where you cannot show that the children need any additional financial support.
A case in point is Kevin Federline and Britney Spears. Mr. Federline petitioned the courts in 2018 to ask for an increase in child support from $20,000 per month to an undisclosed sum for his then 11 and 12-year-old sons that he shared with Miss Spears. He based his request on the fact that Miss Spears had made a lot of money with a successful Vegas show.
As a general rule, while the courts can modify a child support order on the basis that the paying parent has had a significant increase in income, there are occasions that it may be slightly unreasonable for you to expect to automatically get more child support just because your spouse’s income increased. After all, you are not entitled to be supported by your ex into perpetuity and obviously, the child support you receive on behalf of the children also serves to increase your own standard of living. And that is fine but you cannot reasonably expect to continue to mooch off of your ex forever. Is there a corresponding increase in the cost of taking care of the children? Can you demonstrate this increase to the court by using actual documents such as receipts to make your case? And what about your own income and work situation? Are you trying to contribute to your own standard of living or have you left this responsibility solely to your ex which is the real reason you are trying to get more child support?
If you are the parent who is being asked to pay more child support, do you have any recourse? Maybe. You could maybe ask for a change in custody. No guarantee it will be a successful argument but if the parent receiving child support cannot make ends meet with what they are receiving this could be a sign that they cannot properly budget for and care for the children.
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