Request for Increased Child Support

Increased child support refers to support payments that exceed the minimum or standard child support amount.

Parents can make an agreement on increased child support for a child. Parents who agree on the increase create a new between themselves and obtain confirmation from the district commissioner.

A parent can also apply for the district commissioner to issue a ruling on increased child support. If the support-paying parent has the financial capacity to pay an amount higher than the standard support, the district commissioner or a judge may rule for them to pay the increased support.

Conditions for Changing Child Support

The district commissioner can, by ruling, amend a previous child support decision if a verified request is made by a parent.

The conditions for modifying an existing agreement or court settlement are:

• There has been a significant change in circumstances.

• The agreement or court settlement contradicts the needs of the child.

• The agreement or court settlement does not align with the financial situation of the parents.

Conditions for modifying an existing ruling on child support by a court:

• It must be demonstrated that the circumstances of the parents or the child have changed.

Generally, agreements, rulings, or court decisions are not changed retroactively; instead, the change is effective from the date the request is made or a later date.

Process

When the district commissioner receives a request for increased child support, it is presented to the other parent. If there is no dispute over the request, a new child support agreement is drafted and confirmed by the district commissioner.

In case of disputes, the support-paying parent may submit a statement regarding their financial and social situation. A meeting with the district commissioner may be requested to explain the circumstances. The district commissioner will issue a ruling, which is then sent to the parents' digital mailboxes on island.is or in a registered letter.

Determination of the Amount

The amount of increased child support is determined based on the needs of the child and the financial situation, and other circumstances, of both parents.

Factors That Influence the Decision

• Parents' income, based on benchmark amounts

• Parents' ability to earn income, such as reduced earning capacity due to child care responsibilities or illness of the parent or child

• Increased expenses due to special needs or illness of the child

• If the support-paying parent has other children to support

• Whether the visitation between the child and parent exceeds the minimum required visitation

• Whether a parent with joint custody has contributed to the child's maintenance beyond the current child support agreement

Factors That Generally Do Not Influence the Decision

• Stepchildren of the involved parties

• The assets and debts of the support-paying parent usually have little impact on the child support amount, unless the assets or debts significantly exceed what is considered normal, or if unavoidable debts have been incurred.

Payment of Increased Child Support

Parents are responsible for managing the collection of increased child support themselves. Neither the Social Insurance Administration (TR) nor the district commissioners are involved in these payments.

Right of Appeal

A ruling by the district commissioner can be appealed to the Ministry of Justice within two months from the date of the ruling.