In any of the following circumstances, one party has the right to request a change in the child support relationship:
(1) The party who lives with the children is unable to continue to raise the children due to serious illness or disability;
(2) One of the parents who lives with the child * * * fails to fulfill the obligation of raising or maltreats the child, or living with the child * * * does have a negative impact on the physical and mental health of the child;
(3) Minor children over the age of eight are willing to live with each other, and the other party has the ability to support them;
(4) There are other legitimate reasons for the change.
legal ground
Article 1084 of the Civil Code stipulates that the relationship between parents and children is not eliminated by the divorce of parents. After the divorce, the child is still the child of both parents, whether or not the parents directly raise him.
After divorce, parents still have the right and obligation to raise, educate and protect their children. After divorce, children under two years old are directly raised by their mothers.
For a child who has reached the age of two, if both parents fail to reach an agreement on the issue of support, the people's court shall make a judgment based on the specific circumstances of both parties and the principle of being most beneficial to the minor children. Children over the age of eight should respect their true wishes.