How to increase the amount of child support?
How to Increase Child Support Payments? @explainingthelaw
Here we will assume that there is already a court order establishing the child support amounts or a judicially approved agreement. The content of this video does not apply to child support payments made verbally. For this situation, it will be necessary to file a "Child Support Setting Action".
It is worth mentioning that when the judge sets the child support amount, two situations are taken into consideration:
a. The child's needs:
Understood as all the expenses involving that child, such as school, pharmacy, leisure, electricity, rent, among others.
b. The payer's financial capacity:
Here, the parent's entire economic condition will be evaluated.
WHAT DO I NEED TO PROVE TO REQUEST AN INCREASE IN CHILD SUPPORT PAYMENTS?
It is necessary to prove a change in one of the following points:
A. INCREASE IN THE PARENT'S EARNINGS
If the father is paying child support and there has been an increase in his economic capacity, it will be possible to request an increase in the amount of child support.
This is because children have the right to benefit from the improvement in their parents' economic situation.
B. INCREASE IN THE CHILD'S EXPENSES
It may be that the child, for some reason, has experienced an increase in their expenses, such as the need for psychological support or the purchase of medications that were not previously foreseen.
These provisions are expressed in Article 15 of the special law that regulates alimony (Law 5.478/68). Article 1689 of the Civil Code.
HOW TO DEMONSTRATE AN INCREASE IN THE PARENT'S EARNINGS?
It is important to mention that the simple purchase of assets, such as the purchase of a property, car, or motorcycle, does not necessarily mean an increase in the parent's financial capacity.
However, if that child receives a very low pension and the parent is flaunting it on social media by posting photos of trips, parties, and expensive drinks, it becomes clear that the parent's earnings are certainly higher than they claim to have.
OTHER MEASURES TO PROVE THE PARENT'S EARNINGS
If the parent is more discreet and does not usually post photos on the internet, the lawyer may request some measures from the judge, such as:
A. ISSUANCE OF AN OFFICIAL LETTER TO THE FEDERAL REVENUE SERVICE
The judge may request that the Federal Revenue Service inform what amount the parent declares or receives, if they file income tax.
B. ISSUANCE OF AN OFFICIAL LETTER TO THE EMPLOYER
In this case, the judge may request that the employer inform what amount the parent declares or receives.
C. BREACH OF BANK SECRECY
The judge may order the breach of bank secrecy in order to obtain information on account balances, as well as access to bank statements and credit cards.
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