Child Support Review: What Are Your Rights?

Questioner

My ex-partner wants a review of the child support because he claims to be earning less at the moment than when the amount was spent. Suppose he paid too much alimony this year, can he then reclaim the amount he paid too much? And am I obliged to pay that amount? Or does it only apply that when the judge sets a new amount, my ex-partner will have to pay less from that moment on?

Lawyer

As long as you do not make new agreements together about the change of child support, it will remain the same. You do not have to agree to a change. If your partner's ability to pay has changed substantially through no fault of his own, he can file a request with the court to reduce the child support. Based on the principle of legal certainty, the court will usually be reluctant to award a modified child support payment retroactively.