But if you wait, you can`t change your child support order from the date you lost your job or your income decreased. When a moving parent can demonstrate that the amount of maintenance originally agreed was inappropriate, the new amount will normally only apply to future family allowances. To justify a retroactive change in child support, the parent must demonstrate that an emergency justifies it. Such an emergency may concern either the parent or the child. A court may also consider „special circumstances,“ such as the conduct of the parties and fairness. For example, if the amount of family allowances ordered allowed the children to maintain a „high lifestyle“ but put the father in a state of poverty, the payments were considered unfair. If a separation agreement is not part of a court order, it can only be amended (like other contracts) with the agreement of the parties. The parties may give their consent „in advance“ by inserting in the agreement a provision that it may be amended in certain circumstances. If the parties do not agree with the existence of these circumstances, the party requesting the amendment may apply to the court for an injunction finding that, according to the contract, new circumstances merit the modification of the agreement. As already said, parents can agree to help children after the age of 18 and/or the baccalaureate, although a court does not have the power to order it itself (except in limited circumstances where a child at the age of 20 is still in primary or secondary school). If the parents (and the CBCA if they are involved in the case) reach an agreement on a new amount of family allowances, they can write it as a condition and sign it to the judge and make a new injunction. Talk to your CBCA and let them know that you want to „review and adapt“ the children`s livelihood mission.
If you think the other parent might accept the change, the CBCA can contact them and develop an agreement that you can both sign. Once the agreement is signed by the judge, you will have a new judicial order to help the child. This agreement was not included in a court order. Even if the CBCA is involved in your case, you have the right to file the papers to go to court yourself. Just follow the instructions below. Or ask your family law officer for help. The moderator can help you in the formality. And he or she can make sure it`s a good idea to go to court to change your child support. After a judge has issued a child support order, 1 or both parents (or the CBCA if they are involved in the case) may want to change the order. They must prove that there has been a „change in circumstances“ since the last transfer of support. The courts will enforce these agreements between parents through contract law….