Can my child support be increased if the child’s father does not declare his true income?

Yes, there is a chance that the court will rule to increase the child support, even if the child’s father does not declare his true income. When determining the amount of child support, the court does not only take into account officially declared income, but also examines the lifestyle and property conditions of the parent who has the support obligation.

Here are several key factors that can influence the court’s decision:

Income Optimization and Property Conditions

If the father does not report his true income and works off the books, the court can examine his overall lifestyle and property conditions. The fact that he can afford recreational activities such as motocross, owns multiple cars, and travels on vacations can serve as evidence that he has higher income than what he declares.

Needs of the Child

When increasing child support, the court also focuses on the current needs of the child, which have changed significantly since he was 2 years old. Your son is now of school age, has regular medical treatments, and participates in extracurricular activities that require increased financial costs. These factors will be important for the assessment of the petition to increase child support.

Evidence of Sporadic Child Support Payments

The fact that the father pays child support only rarely and after a criminal complaint is filed will indicate to the court that he is not fulfilling his support obligation properly. This can serve as a further argument for increasing the child support and ensuring its better enforcement.

Self-Employed Persons and Income Assessment

In the case of self-employed persons (živnostníci), it is common for official incomes to differ from real ones. When deciding on child support, the court may also take into account income estimates based on the lifestyle and property conditions of the father.

If you can prove the father’s property conditions, his lifestyle, and the needs of the child, you have a good chance of getting the child support increased. We recommend that you submit all available evidence to the court so that the case can be assessed fairly.

Our law firm can help you with the preparation of evidence and ensure that the court correctly takes into account all relevant facts regarding the undeclared income and the need to increase child support.