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Feldstein Family Law Group

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My former spouse/partner’s income has increased dramatically. Can I go to court and get an order to increase his child support payments?

Yes. You may bring an application to vary an existing order when this occurs. Normally, support payments are increased to match the increase in the paying parent’s income because as was previously mentioned children are entitled to be supported by both of their parents and they also have a legal right to benefit from the financial means of their parents.

Since parents have an obligation to support their children based on their total income then anytime that income increases they can adjust the support payments according to the applicable table amounts found in the Guidelines.

If instead you and your former spouse/partner have decided to arrange support in an agreement then you may change the agreement. Ensure that the change is consented to, signed and witnessed. Once you have changed the agreement ensure that you file it with the FRO for enforcement purposes.


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