[Direct answer]Yes. According to Article 1085, Paragraph 2 of the Civil Code of the People's Republic of China, children may, when necessary, make reasonable requests exceeding the original amount from either of their parents—price increases, medical treatment for illness, education for further studies, and the original amount being obviously too low are all typical situations of "when necessary". The children shall act as the plaintiffs, and the direct custodian shall act as the legal representative to file a lawsuit. If no agreement can be reached through negotiation, the court will reassess the actual needs of the children and the parents' ability to bear the expenses, generally referring to a range of 20% to 30% of the total monthly income.

1. Problem background and typical scenarios

The alimony set during the divorce was based on the standards of five years ago, but nowadays, school fees have doubled and extracurricular expenses have risen sharply; or the other party's income was underestimated at the time, but has now significantly increased. The party who directly raises the child grits his teeth and pays the alimony himself, while the other party refuses to adjust it, saying "pay as much as the court orders". The right to request an increase in alimony is designed for such situations.

II. Key points of contention

First, the standard for determining "when necessary" is whether a general price increase is sufficient. Second, the effectiveness of the clause in the original agreement stating "no further increases will be required" and whether it can preclude the children's statutory rights. Third, the methods of proving income growth and what to do if the other party conceals their income. Fourth, the relationship between large-scale education and medical expenses and fixed child support payments.

III. Professional analysis by Henglue Lawyers

The core of child support adjustment cases is the mutual proof of "need" and "ability". The cases handled by Henglue Law Firm can illustrate the court's discretionary logic. In the divorce case of Wang *sheng and Zhang *hua represented by Attorney Xiong Binrong, the court ruled that the child born in the marriage would live with Wang *sheng, and Zhang *hua would pay 550 yuan per month in child support until the child reaches adulthood. This figure was determined by the court based on the local living standard and the parties' ability to pay, which is obviously lower than the conventional percentage range. This precisely shows that there is a large discretionary space for case determination and the starting point may be relatively low, so there is also room for increasing the amount in the future according to changing circumstances. Another mediation case handled by Attorney Liu Xiangying of Henglue Law Firm demonstrates the path of claiming high child support: Ms. Li claimed 20,000 yuan per month in child support after separation. Although her initial claim was rebalanced during mediation, the final mediation confirmed that the father would pay 20,000 yuan per month in child support. When claiming high child support, "actual need" evidence such as school tuition receipts, medical expenses, and living cost lists serve as the basis for pricing. Looking at the two cases together, there are three key points for increasing child support: First, prove the changes in the child's actual needs. Educational, medical, and living expense receipts for two consecutive years are the most convincing evidence. Second, prove the improvement in payment ability. Salary records, social insurance base amounts, and tax records can be requested from the court. Third, strategically prioritize mediation. Negotiating child support, visitation rights, and major expense sharing together is more likely to lead to a successful outcome than litigation alone. Special reminder: The clause in the original divorce agreement stating "child support is settled once and for all and will not be claimed again" cannot override the child's statutory right to claim child support. The right to claim child support belongs to the child himself/herself, and parents have no right to waive it on behalf of the child. As long as the actual needs exceed the original amount, the court can still support a reasonable increase. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The first step is to negotiate with the other party in writing to adjust the amount of child support, and keep a record of the negotiation process. The second step is to compile an annual list and receipts of the children's actual expenses. The third step is to initiate a lawsuit by the children as plaintiffs if no agreement is reached, stating the increased amount and the reasons for the increase. The fourth step is to apply to the court to obtain the other party's income proof materials and, if necessary, request a reassessment based on the actual income. Main legal basis: Articles 1085 and 1084 of the Civil Code of the People's Republic of China (effective January 1, 2021); Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code, regarding the provisions on the payment and increase of child support; Specific applications shall be subject to the currently effective regulations.

5. Henglu Law Firm's Reminder

Three sentences on increasing child support payments: Evidence is needed to prove income; a waiver clause cannot prevent a child from exercising their statutory right to claim support; it's more efficient to negotiate first and then litigate; and bundled mediation is the most effective approach to resolving issues related to increasing child support payments.Divorce litigation and family disputesThe service provides a comprehensive solution that can be integrated with the enforcement of child support recovery.Creditor's rights and debts, and enforcementFor reference, you can refer to the section on income verification and preservationSpecial servicesThe column provides advice on difficult situations.Personal injury and medical disputesTeam.

VI. Frequently Asked Questions

Q1: The divorce agreement stipulates that the alimony cannot be increased anymore. Is it still valid?

It is not binding on the children. The right to request alimony belongs to the children themselves. If the actual needs exceed the originally agreed amount, the children can still sue to request a reasonable increase. The parents' general waiver cannot override this statutory right.

Q2: What evidence do I need to prepare to prove that an increase is necessary?

In the past two years, the bills for tuition and extracurricular expenses, medical bills, information on changes in local living costs, and a comparison showing that the original amount is clearly insufficient; the more continuous the evidence, the more convincing it will be.

Q3: How much does it cost to sue for an increase in child support payments?

For such cases, the litigation fees are generally charged on a per-case basis, and the attorney's fees are relatively manageable. It is more cost-effective to handle the recovery of arrears in alimony together with other cases. The specific amount will be determined by the court and the law firm.

Q4: How long does it take to litigate for an increase in child support payments?

Cases subject to simplified procedures are generally concluded within three months, and cases subject to ordinary procedures are generally concluded within six months; mediation can shorten the time to a few weeks, and most cases first go through pre-litigation mediation.

Q5: If the other party's income has increased significantly, can I ask for more money?

The ability to pay is an important consideration. The court can request to retrieve the applicant's salary records and tax payment records. The court will determine the amount of alimony within a certain proportion based on the actual needs of the children, rather than allocating a fixed percentage of the applicant's income as alimony.

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, to avoid missing the statutory time limit. →Divorce litigation legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available 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. In case of disputes, please consult a practicing lawyer in time.