Disputes Over Child Support After Divorce: When Can the Support Amount Be Changed?
Divorce does not end the responsibility of raising a child — post-divorce child support is often one of the most contentious issues in practice. Especially as the cost of living and education increases every year, many custodial parents wish to request an increase in child support. But does the law allow such changes? Under what circumstances can the support amount be modified? This article provides an updated legal perspective in Vietnam to help you understand your rights and obligations in these situations.
1. Legal Basis – Can the Child Support Amount Be Changed?
1.1 Provisions under the 2014 Law on Marriage and Family
According to Article 116 of the 2014 Law on Marriage and Family, the child support amount is determined by agreement between the obligor and the recipient (or their guardian), based on the income and actual financial capacity of the obligor and the essential needs of the recipient. If no agreement is reached, the Court shall determine the amount.
Clause 2 of the same article clearly states: “When there is a legitimate reason, the level of support may be changed.” Such changes can be made by agreement, or, if no agreement is reached, by requesting the Court’s intervention.
=> In essence, the law allows the child support amount to be adjusted after divorce, provided there is a legitimate reason and it aligns with actual circumstances.
1.2 Supplementary Regulations and Guidelines
Resolution No. 01/2024/NQ-HĐTP provides that when the Court sets the support amount, it must not be lower than half the regional minimum wage applicable to the obligor’s area of residence, for each child.
Decree No. 144/2021/NĐ-CP stipulates administrative fines ranging from VND 5 to 10 million for those who intentionally evade or refuse their support obligations.
In practice, Courts in Vietnam regularly handle petitions to “adjust child support levels” when parties fail to agree. For instance, in a 2023 case, the Court considered a request to increase monthly support to VND 3,000,000.
2. When Can You Request a Change in the Child Support Amount?
To request a change, you must present legitimate reasons and meet specific legal conditions. Below are common scenarios accepted by Vietnamese courts.
2.1 Legitimate Reasons for Adjusting Child Support
Courts may consider adjusting child support in cases such as:
Increased living or education expenses for the child: As children grow, costs for food, schooling, and healthcare rise. The previous support amount may no longer meet their essential living needs.
Significant changes in the obligor’s income or health: Job loss, illness, or reduced work capacity may prevent the obligor from maintaining the previous payment level.
Special or unforeseen circumstances: Natural disasters, accidents, or other force majeure events that substantially affect the cost of child-rearing (e.g., the child suffers a serious illness).
Dishonesty or evasion by the obligor: If the obligor conceals income or assets to evade payment, the Court may revise the amount upward. For example, in a 2022 case, a father’s request to reduce child support from VND 3,000,000 was denied due to lack of justification and inconsistency with the child’s best interests.
2.2 When the Court May Reject a Request
The Court may deny requests in the following cases:
The stated reasons are unclear or unsupported by evidence.
The obligor continues to fulfill payments as ordered, and no verifiable change in income or expenses exists.
A reduction in support would cause serious harm to the child’s welfare.
3. Procedure for Requesting a Change in Child Support
If legitimate grounds exist but mutual agreement is not possible, you may file a request with the Court as follows:
3.1 Preparing and Submitting the Dossier
Your application should include:
A petition to modify child support (clearly stating reasons and proposed new amount).
A copy of the divorce judgment or agreement on child custody.
Evidence of income and expenses (employment contract, pay slips, education/medical bills, etc.).
Copies of ID cards/passports of both parties and the child’s birth certificate.
Any other documents proving “legitimate reasons.”
The dossier is filed with the People’s Court at the district level where the obligor resides or works.
3.2 Case Review and Adjudication
The Court verifies and accepts the dossier if valid.
The opposing party is notified to provide a response.
A mediation session may be held.
The Court examines the evidence to assess the legitimacy of the request.
The Court then issues a decision granting or denying the change.
If approved, the decision specifies the new amount and effective date (usually from the date the new judgment takes effect).
Typical processing time: 2–4 months, depending on case complexity.
3.3 Fees and Court Charges
Filing fee: VND 300,000, as per Resolution No. 326/2016/UBTVQH14.
Additional court fees may apply if the matter proceeds to full civil trial.
4. Real-World Examples
In a 2023 case, the mother requested to raise child support to VND 3,000,000 per month. The Court granted the request after confirming the father’s increased income and the child’s greater needs.
In another case, the father sought to reduce monthly support from VND 3,000,000, but the Court rejected the request for lack of valid grounds.
In a long-term case, after more than 10 years, the mother requested an increase from VND 365,000 to VND 1,500,000 per month, and the Court approved the adjustment, citing a significant rise in living costs.
5. Important Notes When Requesting a Change
Provide clear reasons and evidence: The Court will only accept legitimate, well-documented changes (e.g., decreased income or increased child expenses).
Prioritize negotiation: If both parties can agree and record it in writing, the process becomes much simpler.
The child’s best interests come first: The Court will only approve changes that safeguard the child’s development and well-being.
Choose the right timing: Avoid premature requests without substantial change.
Monitor enforcement: Once the new decision is issued, ensure compliance. If the obligor continues to evade, you may request enforcement measures or seek penalties.
6. Conclusion
Changing child support after divorce is legally permissible under Vietnamese law when there are legitimate, provable reasons. However, each case is unique, and success depends on thorough preparation.
You should:
Identify clear, documented changes in circumstances.
Gather strong evidence of income or expenses.
Attempt negotiation before litigation if possible.
Always prioritize the child’s best interests when proposing adjustments.
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