Summary.
Article 1 proposes to replace Article 22 of Law 42 of 2012, which concerns review of a child support payment. Once the amount of final child support has been set, either party could request a review within one year. The right to seek review would therefore extend both to the person required to make the payment and to the person receiving it. The provision concerns an already established final payment and governs a subsequent request to change its amount.
A party requesting review would have to submit evidence supporting the request. That evidence would have to show a substantial change in the parties’ financial circumstances. The article makes an exception for the cases covered by items 1, 2 and 3 of the following article of Law 42 of 2012: in those cases, the payment could be reviewed immediately. The proposed wording thus distinguishes a request subject to the one-year period from the cases in which it provides for immediate review.
A request for review could seek an increase, reduction or suspension of the payment. When the requested review is justified, the competent authority would admit the corresponding application and set a date for the hearing. The bill thereby connects the submission of evidence to the decision to admit the application and to a hearing on the proposed change. The procedure would be available to either party seeking to change a final child support payment in one of those ways.
If a change to the payment is granted, it would take effect from the relevant decision. Where a reduction or suspension is ordered, amounts already received as child support would not be returned. These provisions address what happens after a change is decided: the first establishes when the change would begin to operate, while the second governs amounts received before a reduction or suspension. The proposed wording applies the rule on non-return to amounts received as child support in cases of reduction or suspension.
Article 2 expressly identifies the amendment as a change to Article 22 of Law 42 of August 7, 2012. Article 3 provides that the proposed law would take effect on the day following its promulgation. The bill concerns the competent authority that would handle review applications and the parties to final child support proceedings, including those required to pay and those entitled to receive the payment. Its provisions could also be relevant to people providing legal assistance in family matters.
What it proposes.
- Review of final child support payments.
- Evidence of a substantial change in the parties’ financial circumstances.
- Admission, hearing and effects of a change to the payment.
Who it would affect.
- Parties to a final child support arrangement.
- Persons required to make child support payments.
- Persons entitled to receive child support.
- The competent authority handling review applications.
Key points.
- Either party could request a review of final child support within one year.Art. 1
- An application would have to include evidence of a substantial change in the parties’ financial circumstances.Art. 1
- The cases in items 1, 2 and 3 of the following article would allow immediate review of the payment.Art. 1
- The competent authority would admit a justified request to increase, reduce or suspend the payment and would set a hearing date.Art. 1
- A change would take effect from the decision, and reductions or suspensions would not require the return of amounts already received.Art. 1
- The bill identifies the amendment to Article 22 and provides for commencement on the day following promulgation.Arts. 2-3