Can adjustments be made through a child support adjustment application if the other party's income changes?

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child support adjustment application

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作者: 김국일

Hello. This is the family law specialist attorney at Daeryun Law Firm.

If there is a change in the other party's income, it is possible to readjust the previously determined child support through a child support adjustment application.

According to Article 837, Paragraph 5 of the Civil Act, the family court may change matters concerning parenting at any time when it is recognized as necessary for the child's welfare.

That is, even once-determined child support can be claimed for increase or decrease if there is a change in circumstances.

A representative ground for adjustment is exactly increase or decrease in the other party's income.

If income has increased due to promotion, job change, business expansion, etc., the parenting environment necessary for the child can be more faithfully provided, so if it is judged that the existing child support does not match the current situation, you can submit a child support adjustment application to seek adjustment.

However, it is difficult for adjustments to be accepted with mere speculation or emotional arguments alone.

The court verifies whether there has actually been an income change through objective materials such as salary statements, income amount certificates, and health insurance premium payment details.

Also, whether the income change is temporary or continuous is also considered.

If the argument and evidence diverge in this process, the adjustment may not be established or may lead to unfavorable results.

Therefore, rather than blindly proceeding with procedures just because the other party's income has changed, it is important to first accurately judge whether the current situation is a matter for which a child support adjustment application can be submitted.

If you receive help from a family law specialist attorney to review the scope of income change and the possibility of evidence, and then apply for adjustment, you can expect more stable results.