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Home / Can a mother with custody file for an increase in child maintenance although in her divorce agreement with their father, which the court authorized, she promised not to do so, as the father gave up his rights in joint property to provide accommodation for the children ?

Can a mother with custody file for an increase in child maintenance although in her divorce agreement with their father, which the court authorized, she promised not to do so, as the father gave up his rights in joint property to provide accommodation for the children ?

By: דיאנה שאלתיאלPublished on: 10 May, 2022
The issue is not clear-cut – a plea for an increase in child maintenance can be made but the court has discretion to reject it. Firstly – the children are not bound by commitments made by their parents in agreements concerning their interests of which they were not a party, so that in principle, the minors themselves can file their own, independent plea for an increase in maintenance via their custodial parent, their mother and natural guardian. However, if a plea is made for an increase in child maintenance but the court finds that the level paid is reasonable, particularly in the light of the value of mutual property the father forfeited in order to provide the accommodation element of child support , and that this was done in a satisfactory manner , then it will probably not interfere with the original level, and will reject the plea for an increase.

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