After divorce, if child support has been agreed upon, can the raising party request a certain increase in child support on the original basis due to the increase in living costs? Let’s take a look at a recent alimony dispute case concluded by the People’s Court of Lechang City, Guangdong Province.
Due to the breakdown of their relationship, Chen and Zhang went through divorce procedures and signed a divorce agreement in May 2012. The agreement stipulates that the child of both parties, Xiao Chen, will be raised by his father Chen, and Zhang will pay monthly support until Xiao Chen reaches the age of 18. In July 2017, Zhang failed to pay alimony as agreed, and the two parties went to court due to conflicts over the amount of alimony. The court ruled in accordance with the law that Zhang should pay the alimony in arrears and increase the alimony to 400 yuan per month based on Xiao Chen's actual needs. After many years, Chen did not remarry, but chose to work at home while taking care of his children. As prices rise and Xiao Chen grows older, the various expenses required for his life and study continue to increase. In November 2023, Chen filed a lawsuit with the court in the name of Xiao Chen, asking Zhang to increase his monthly salary. Child support.
Lechang Court held after hearing that Chen and Zhang reached an agreement on custody issues when they divorced, and the court later made a judgment to increase the alimony to 400 yuan per month. However, the current prices and consumption levels are very different from before. , and Xiao Chen is now in the third year of high school, and all expenses have increased compared with the previous compulsory education stage. The monthly support fee of 400 yuan is no longer enough to maintain his life and school needs. Therefore, Xiao Chen’s proposal to increase the support fee The court supported the lawsuit. In the end, the court ruled in accordance with the law that Zhang should pay Xiao Chen 1,000 yuan a month in support starting from January 2024 until he reaches the age of 18.
The judge reminded: Child support is an important guarantee for the healthy growth of minor children. After divorce, if a child is directly raised by one party, the other party shall bear part or all of the child support. The amount of the child support and the length of the period shall be agreed upon by both parties; if the agreement cannot be reached, the People's Court shall make a judgment. Parents' agreement on child support should be based on the premise that it will not affect the healthy growth of their children. If the original amount of child support is insufficient to maintain the actual local living standard or if the actual needs exceed the original amount due to illness or schooling of the child, or there are other legitimate reasons, the child may ask the parent who can afford it to increase the child support. .
Source: Shaoguan Intermediate People’s Court Public Account
Text: Liao Pan
Editor: Chang Yuewang
