Can I obtain an increase of my child support payments when my spouse is earning more money even though my separation or divorce agreement states otherwise?
That depends on the facts of the case and how your payment is being made. If it is made through the court collection system, you may have an automatic right of review after a set period of time. However, unless the Judgment or Stipulation provides for an increase, if payment is made directly, you must prove your case pursuant to the standards set forth in case law.
