[Direct answer]In the Beijing area, it is possible to request an increase in child support after divorce. According to Article 1085 of the Civil Code of the People's Republic of China (effective January 1, 2021), the amount of child support can be agreed upon by the parties or determined by the people's court. If the agreement or judgment does not specify or the provisions are unclear, the parties may request a reassessment. In practice, there are three common reasons for increasing child support: the original standard is clearly insufficient to maintain the local actual living standard; the child's necessary expenses such as schooling and medical treatment have increased significantly; or the income of the party responsible for child support has significantly increased or their ability to bear the burden has decreased. The requesting party is usually the party who does not directly raise the child, but the proposal to increase the standard is often made by the party who directly raises the child on behalf of the child, and they need to submit income proof, expense vouchers, and the original judgment documents.Divorce litigation and family disputesThe column provides practical guidance on claiming child support.

I. Problem background and typical scenarios

Such consultations usually arise one or two years after a divorce: the cost of children's education has risen significantly, and the original agreed monthly alimony can no longer cover the necessary expenses; or the income of the original custodial parent has increased, and their ability to bear the burden has significantly improved; there are also cases where the direct custodial parent loses their job or the family situation changes due to remarriage, leading to a decline in income and the need to adjust the sharing ratio. There are also parties who hold divorce mediation documents from many years ago, mistakenly believing that once the alimony is determined, it will never change. In fact, the amount of alimony is not fixed, but adjustments require statutory grounds and evidence to support them. Requests for changes without proper grounds and supporting documents are difficult for the court to accept. Another common misunderstanding in consultations is confusing an increase in alimony with a change in custody rights. In fact, these are two different types of requests that require separate justifications.

II. Key points of contention

First, whether the agreement or judgment on alimony in the original divorce agreement constitutes a final conclusion and can be overturned. Second, the specific reference for determining that the original standard is grossly inadequate, that is, how to define the local living standard and the scope of necessary expenses. Third, which expenses in education and medical care belong to necessary expenses and which belong to additional expenses. Fourth, whether the calculation basis of alimony is a fixed amount or a percentage of income. Fifth, the relationship between visitation rights and alimony, and whether they can be adjusted together. Sixth, the choice of procedure for claiming to change alimony, whether to file a separate lawsuit or apply for enforcement based on the original effective document. For the supporting handling of property and debts, you can refer to the relevant provisions.Creditor's rights and debts, and enforcementThe path of creditor's rights realization in the column.

III. Professional analysis by Henglue Lawyers

Take the divorce dispute handled by Attorney Xiong Binrong of our firm as an example: The plaintiff, Wang *sheng, and the defendant, Zhang *hua, registered their marriage in 2006. After marriage, they accumulated assets such as real estate, vehicles, machinery and equipment, and insurance, and had one daughter (who has already reached adulthood) and one son (11 years old). In April 2025, Zhang *hua first sued for divorce but was not supported. After that, she still had an improper relationship with others during the continuation of the marriage. Wang *sheng entrusted a lawyer to sue again, requesting that the child born in the marriage live with him and that the other party pay monthly child support. The court adopted the lawyer's opinion, ruling that the child born in the marriage should live with Wang *sheng, and Zhang *hua should pay monthly child support of 550 yuan until the child reaches adulthood. The court also divided the joint property according to the principles of protecting the rights and interests of the child, the wife, and the non-at-fault party. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent. This type of case highlights a key point: the determination of the standard of child support always takes into account the actual needs of the children and the parents' ability to bear the expenses. Any significant changes in income or increases in expenditure can serve as the basis for subsequent reassessment of the support amount.

IV. Practical suggestions and legal basis

Action recommendations: 1. Review the provisions on child support in the original divorce agreement or judgment to clarify whether it is a fixed amount or a percentage of income; 2. Establish a ledger for the child's necessary expenses, including tuition fees, accommodation fees, essential medical expenses, and nutritional meals, and retain receipts and payment vouchers; 3. Collect evidence of the other party's income changes, such as payroll records, tax payment records, unit certificates, or social insurance payment records; 4. Determine the claim amount to avoid exceeding the child's actual needs and making it difficult to obtain support; 5. If the custody rights need to be changed, a separate lawsuit should be filed to modify the custody relationship. Legal basis: Articles 1084, 1085, and 1086 of the Civil Code of the People's Republic of China (all effective from January 1, 2021); The relevant provisions of the Civil Procedure Law of the People's Republic of China (amended in 2023, effective from January 1, 2024) regarding lawsuits to modify the custody relationship.

5. Henglu Law Firm's Advice

Firstly, the determination of alimony in a lump sum does not mean that it will never change, but changes require statutory grounds and evidence to support them. Secondly, education and medical expenses need to be distinguished between necessary and optional ones, and the part exceeding the necessary range is usually difficult to fully support. Thirdly, the standard of claim should refer to the local actual living standards and the parties' ability to bear the burden. If the range is too large, it is likely to be rejected. Fourthly, the party who directly raises the child should keep the main expenditure vouchers in time to avoid having the claim rejected due to lack of evidence. Fifthly, if visitation is blocked for a long time, the party can apply for compulsory enforcement according to the judgment document, but it cannot directly replace the claim for alimony. Sixthly, it is more time-saving to change the alimony through consultation, and if no agreement can be reached, a lawsuit should be filed instead.

VI. Frequently Asked Questions

Q1: Can the alimony be increased after a divorce?

Yes. According to Article 1085 of the Civil Code of the People's Republic of China, if the amount of child support is not specified in the agreement or judgment, is unclear, or new circumstances arise, the parties may request to re-determine it. In practice, it is necessary to prove that the original standard is obviously insufficient to meet the actual needs of the children, or that the income situation of the supporting party has undergone substantial changes. The request for modification shall be determined by the court based on the needs of the children and the financial capabilities of both parties.

Q2: Under what circumstances can one request an increase in child support payments?

There are three common situations: First, the prices and living costs continue to rise, and the original standard is obviously too low; Second, the necessary expenses increase significantly due to factors such as children entering high school or suffering from major diseases; Third, the income of the party responsible for child support has significantly increased, or the income of the direct custodial parent has declined, leading to an imbalance in their ability to bear the burden. When making such claims, the parties should submit income certificates and expenditure receipts to establish a clear correlation between income and expenses.

Q3: Who can request an increase in child support payments?

Generally, the party who does not directly raise the children files a lawsuit with the people's court on behalf of the children to request a change; if the standard agreed upon by the party who directly raises the children is too low, he or she may also make separate claims regarding the sharing of the necessary expenses for the children. In practice, the party who files a lawsuit to change the alimony payment needs to prove that the original standard is no longer suitable for the current actual needs, and provide a specific adjustment plan and basis.

Q4: What documents are required to increase child support payments?

Generally, the following documents are required: the original divorce agreement or effective judgment, the child's birth certificate and household registration materials, current alimony payment receipts, proof of both parties' income, receipts for the child's education and medical expenses, and a description of the difference between the original standard and the actual needs. If one party is unemployed or seriously ill, additional diagnostic certificates and proof of income disruption are also required. The more complete the materials are, the more justified the court's reassessment of the alimony amount will be.

Q5: When does the increased alimony start to be calculated?

Generally, it is calculated from the time point when the party concerned submits a request for modification and is supported by the court. It may also be traced back to a certain period based on the facts that have been identified. Whether and for how long it can be traced back depends on whether the evidence can prove that the grounds for modification had already existed beforehand. In practice, it is better to first file a case to fix rights and then supplement the materials, which can avoid disputes over the starting point. It is recommended to initiate the procedure as soon as possible after the evidence shows changes.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.