Can I retroactively change the child support for my child?
February 3, 2023 | 40,00 EUR | answered by Gerd Möller
Dear family law attorneys,
I am reaching out to you with a question regarding the possibility of retroactively changing the child support for my child. My ex-partner and I separated two years ago and have since made an agreement regarding the amount of child support. However, in the meantime, my financial situation has significantly worsened as I have lost my job and now have a low income.
Currently, I am barely able to pay the agreed child support in full and I am deeply concerned that I may not be able to fulfill my obligations anymore. However, my ex-partner is not willing to agree to a reduction in child support and insists on sticking to the original agreement.
I am wondering if it is legally possible to change the child support retroactively in order to appropriately consider my financial situation. Are there any legal options or steps I can take to adjust the support and find a solution that is acceptable for both parties? I certainly want to continue fulfilling my obligations towards my child, but I am in urgent need of a change due to my financial situation.
Thank you in advance for your help and support.
Sincerely,
Tobias Schillinger
Dear Tobias Schillinger,
Thank you for your question regarding the possibility of changing the child support for your child retroactively. I am sorry to hear that your financial situation has worsened and that you are having difficulties in paying the agreed child support. It is important that you make an effort to find a reasonable solution in order to continue fulfilling your obligations towards your child.
In general, it is possible to change child support retroactively if the financial circumstances of a parent have significantly changed. It is mainly considered whether an "unforeseeable and permanent change" has occurred that justifies an adjustment of the support. Losing your job and resulting in a lower income can definitely be seen as such a change.
To adjust the child support, you should first have a conversation with your ex-partner and try to find a mutual agreement. If this is not possible, you can consult a family law attorney who can assist you in adjusting the support. Your attorney will take the necessary steps to bring about a court decision if an agreement cannot be reached with your ex-partner.
It is important that you can provide all relevant documents regarding your financial situation to make your situation understandable. The judge will then decide based on this information whether an adjustment of the child support is justified. It may be that the support is temporarily reduced until your financial situation improves.
I strongly recommend that you make efforts to find a solution promptly to prevent further financial problems and ensure that you can continue to fulfill your obligations towards your child. Do not hesitate to seek professional help to protect your rights and find a solution that is acceptable to both parties.
I wish you success in adjusting the child support and am available for further questions.
Sincerely,
Gerd Möller
Family Law Attorney
