By Decision no. 36/2026 of the High Court of Cassation and Justice, published in Official Gazette no. 495 of June 16, 2026, the Court established that in proceedings concerning the increase of child support, courts are not obliged to order the hearing of the minor (even if they have reached 10 years of age) nor to request a psychosocial assessment.
What does it stipulate?
The High Court of Cassation and Justice (HCCJ) clarified and unified the practice of courts in disputes regarding the increase of child support. The Decision establishes that, unlike other family law proceedings (establishing custody, domicile, etc.), a request for an increase in child support is predominantly patrimonial in nature, based on objective criteria: changes in the parent’s income and the child’s increased needs. Thus, two procedures previously considered mandatory by some courts now become optional, at the judge’s discretion.
Firstly, the hearing of a child who has reached 10 years of age is no longer mandatory in these specific cases. The rationale is that the minor’s opinion cannot influence the mathematical calculation of child support, which is based on concrete income and expenses. Therefore, involving the child in a financial dispute between parents was considered procedurally unnecessary and potentially harmful to the minor. The court may still decide to hear the child if the particular circumstances of the case require it, but this is an exception, not a rule.
Secondly, a psychosocial assessment is no longer mandatory. Such an assessment is relevant for the initial establishment of relations between parents and child, but not for a simple financial update of the support obligation. The increase process focuses on documents (income certificates, proof of expenses), and re-evaluating living conditions or family dynamics is generally not necessary. Eliminating this mandatory step reduces bureaucracy and shortens the duration of the process.
Source: Official Gazette, Part I, no. 495 of June 16, 2026.
Note: This material is strictly for informational purposes and does not constitute legal, tax, or business advice. As the interpretation and application of legal provisions may vary significantly depending on the specific circumstances of each entity, we recommend seeking specialized legal assistance before making any operational decisions based on these changes.