Is it impossible to modify the child support amount set at the time of divorce?

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I suspect my husband is having an affair. He's been coming home very late lately, and often stays out overnight under the excuse of business trips. I thought there'd be important evidence on his phone, but when I checked while he was sleeping, all the texts had been deleted. Can deleted texts or call records be recovered through phone forensics? Can the evidence found be used in an infidelity lawsuit too? Please reply.

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作者: 김국일

No, child support modification is possible.

The parties can modify the child support through agreement, and if no agreement is reached, you can change the child support amount by filing a child support modification adjudication request to the family court.

Since child support is determined for the welfare of the child, the amount can be adjusted if the child's age or needs, or the economic situation of the custodian or non-custodian parent change over time.

For example, if there is a change in circumstances such as a sudden increase in living expenses due to the child's growth, decreased income of the custodian, or increased income of the non-custodian, you can request a change in child support.

However, simple personal circumstances or temporary income changes alone are difficult to recognize as grounds for change. There must be objective changes above a certain level.

Ultimately, the court judges based on what is most beneficial to the child, centered on the child's welfare. Therefore, if you want child support modification, it is good to prepare the procedure with the help of a specialist attorney rather than proceeding alone.