Life situations are changing and children’s needs are growing. What to do when the original child support proves insufficient? When and under what circumstances can child support be increased, how does the process work and what to remember? We provide a comprehensive overview of the steps, options and legal considerations you may face in relation to child support increases.
An increase in child support comes into play when there is a change in circumstances on the part of the child or the parents. Typical situations are, for example, a child entering a higher level of education, health complications requiring more expensive treatment, or the development of a child’s extracurricular activities that incur higher expenses. On the parents’ side, there may be an increase in income, the acquisition of property or, conversely, a reduction in the ability to meet the maintenance obligation, for example, due to health limitations or loss of employment.
It is usually recommended to consider an increase in maintenance every three years, as the child’s needs naturally increase during this period. A key indicator is ensuring that the child’s standard of living is equivalent to that of the parents. If the parents do not agree on an adjustment of maintenance, the parent who is supporting the child or the child represented by a legal representative may apply to the court for an increase.
It is also important to take into account whether there have been any changes in the income of the parent with maintenance obligations. In making its decision, the court considers not only the parent’s current income but also his or her overall financial circumstances and income potential. Therefore, any application must be well documented and supported by relevant evidence.
Get your child what he or she is entitled to
Is the other parent claiming to have no money and offering you minimum maintenance, or is he or she avoiding his or her maintenance obligation altogether? Leave it to us. We can help you secure the highest possible child support so you don’t have to live on the breadline.
Tip: Wondering what child support your child is entitled to? The calculators on the web can provide guidance, but you need to know what else plays a role in determining child support and how you can calculate it. We’ve put together a summary to help you navigate the situation.
If the situation changes and the maintenance no longer covers the child’s needs, the first option is to try to reach an out-of-court agreement between the parents. An agreement is advantageous because of its speed, lower costs and preservation of good relations between the parents. However, for it to be valid, it is important that it is in writing and ideally approved by the court, which gives it legal binding force. The court will usually approve the agreement without further proceedings if it meets the needs of the child and the parents’ capabilities.
If an agreement is not possible, for example because of disagreements between the parents, it is necessary to go to court. The application for an increase in maintenance is made by the parent entitled or the child represented by a legal representative. The application is filed with the court that last decided on maintenance.
The court procedure is more time-consuming and administratively demanding than the agreement, but it ensures a fair assessment of the whole situation. The court examines not only the parents’ income and assets but also the legitimate needs of the child. The advantage is that the court can take into account new circumstances that cannot be resolved out of court, for example if one parent refuses to cooperate.
Whether parents opt for a settlement or court proceedings, the key is always to ensure that the best interests of the child are taken into account.
The court carefully considers several key factors when deciding whether to increase child support. The first is the child’s standard of living, which should be comparable to that of the parents, even after their separation. The court examines both parents’ current assets and income, including potential income. If, for example, a parent deliberately reduces his or her income just before the proceedings, the court may base its decision on the parent’s original income or set a notional amount corresponding to the parent’s ability.
Another crucial aspect is the child’s needs, which include not only the basic living costs but also the costs of education, extracurricular activities, health care and other expenses related to the child’s age and development. The court also takes into account the parent’s other maintenance obligations, for example towards other children or spouse.
Specific situations, such as the health of the child or parent, may have a significant impact on the decision. The court also takes into account whether the parent personally cares for the child, as this care is seen as part of the parent’s maintenance obligation.
Each case is individual and it is therefore crucial to provide the court with as accurate and substantiated information as possible about current circumstances, including documents that show changes since the last maintenance order.
In making their decisions, the courts take into account, among other things, the guidance tables issued by the Ministry of Justice and the guidance manual for its use. These take into account the age of the child (or one of the four life stages they are in), the parents’ income, their other maintenance obligations and, above all, the number of days they care for the children.
Tip: What about child support when your child has turned 18? And what do you have to count on as an adult child if your parent avoids paying child support?
Yes, Czech law allows you to request an increase in maintenance retrospectively, up to three years before the petition is filed with the court. This procedure is particularly appropriate in situations where changes in circumstances that justify an increase in maintenance occurred earlier, but the parent or child decided to file the application later. The key to a successful claim is to prove that these changes have actually occurred and from what date.
A retroactive increase in child support may be related, for example, to an increase in the cost of education, health care, extracurricular activities, or changes in the obligor parent’s income. Proving these circumstances requires the submission of appropriate evidence such as invoices, medical reports, pay stubs or tax returns.
In deciding whether to increase child support retroactively, the court also takes into account whether the petitioning parent neglected his or her obligation to provide sufficient financial resources for the child in the period before the court’s decision. If so, this may affect the amount of the additional payment awarded.
Parents considering a claim for a retrospective increase in maintenance should take care to prepare the application and documentation carefully so that the court can get an accurate picture of the situation and make a fair decision.
The Constitutional Court has directly ruled in its two rulings , Case No. I.ÚS 871/24 and Case No. I.ÚS 1760/24, that retroactive maintenance should not be an exception. Where there is a proven change in circumstances, increased maintenance is normally awarded from the relevant change in circumstances, including retrospectively
If you are considering a request for an increase in child support, careful preparation and good documentation are the keys to success. Before you make an application, try to make arrangements with the other parent first. An out-of-court agreement is faster, cheaper and often avoids unnecessary conflict. If you reach an agreement, it is advisable to have it approved by the court, which will make it legally binding.
If an agreement is not possible, prepare a properly structured petition to the court. This should include not only details of you, the other parent and the child, but also a clear justification for the change of circumstances. Include relevant evidence, such as proof of income, expenses for the child or a certificate of the child’s health.
In court proceedings, be prepared for the court to assess both your income and assets and the other parent’s ability. Be transparent and truthful. Avoid speculation, such as hiding income, which can lead to a fictitious income determination.
Remember that maintenance can be claimed retrospectively for up to three years if you can show that changes in circumstances have already taken place. For more complex situations, do not hesitate to seek professional legal advice to ensure that your application is properly drafted and that you are effectively represented in court.
Lenka, a single mother, has been taking care of her 16-year-old son Jakub exclusively for two years. Four years ago, the court ruled for alternate care, whereby Jakub was to spend one week with his mother and the other week with his father. This agreement reflected the situation prevailing at the time and was the basis for the court’s determination of the maintenance to be paid by the father (in view of his several times higher income).
Two years after the decision, however, a fundamental change took place. After several conflicts in his father’s family, Jakub found himself in hospital, where a psychologist recommended a change of custody and Jakub himself decided that he no longer wanted to live with his father. Since then, he has lived exclusively with his mother, who has taken over all his care, including his daily needs, schooling and extra-curricular activities. Although Jakub has not lived with his father for two years and all the costs are borne by Mrs Lenka, the amount of maintenance has remained unchanged.
After two years of financial difficulties, Ms Lenka decided to contact a law firm. After consulting a lawyer, it became clear that she was entitled not only to an increase in maintenance but also to a retroactive payment of maintenance for the period when her son’s care and needs had changed significantly but his father had continued to make insufficient contributions. Our attorney helped Ms. Lenka prepare a detailed list of expenses related to James’ care, including school supplies, food, clothing, extracurricular activities, and other expenses. She then prepared a motion to increase child support and to pay the back child support. The proposal involved calculating the difference between the original amount of child support and the amount that would represent the actual costs for the past two years. The court acknowledged the validity of Lenka’s request and not only increased the alimony to the current amount of three times the original amount, but also ordered the father to pay the past two years’ alimony arrears.
We can ensure a fair increase or adjustment in your alimony/child support payments, taking into account the financial situation of each party. Our experience will ensure your proposal has the highest chance of success in court. You may pay after services are provided.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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