Can I modify my child support post-judgment? In Michigan, the answer will be yes!
There are a number of things that cannot be changed following judgment. There are some things that are always open to change. One of them is child support. As soon as you receive a 15-cent raise, the court won’t immediately change anything. That won’t actually take place. The court may review and modify the child support order if there has been a material change in circumstances.
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The support should be changed for reasons related to parenting time. There may be several children. One of them leaves the system after graduating and is now an adult. Of course, child support needs to be adjusted.
The court should ideally decide to change child support on its own. However, occasionally something slips between the cracks, and the court keeps the number even if one of them has graduated from the program. You need to contact your attorney if that occurs.
What Is Child Support?
Child support is the circuit court-ordered payment of money for a child. The expense of child care, education, and medical, dental, and other health care services may all be covered through support.
A parent must pay child support in order to contribute to the cost of maintaining the quality of life of a child. Up until the child turns 18 or, in some cases, until the child turns 19 and a half, the judge can order the beginning or modification of child support. You can ask the court in your ongoing family law case to begin child support by filing a motion. To initiate a family court case if there isn’t one already, you can apply for child support services or do it yourself. There are numerous ways to modify a child support arrangement.
Legally, parents are required to provide for their children financially. By deciding to forgo parenting time (visitation) or consenting to the termination of their parental rights, a parent cannot get out of paying child support. Even after losing their parental rights, parents occasionally have to keep paying child support. Parenting time cannot be restricted in order to pursue child support if the other parent owes you money.
You can apply for IV-D child support services if you’re a parent or a guardian and you need assistance with determining, obtaining, or paying child support.
What is IV-D about, you might be wondering. When referring to Title IV-D of the Social Security Act, the word is pronounced “four-dee”. All state child support programs must abide by the guidelines established by IV-D, which also created the child support program.
The “Title IV-D program” or the “IV-D program” is a common name for the child support program, which assists parents and custodians in determining and enforcing child support and medical assistance. After a child support order is made, court expenses could be associated with the case.
When Can I Modify Child Support?
If your job or the custody arrangement changes, you should file a Motion Regarding Support as soon as possible. Normally, it is not possible to modify past-due child support payments. This means that once child support is due, the judge cannot adjust the amount of the payment. Child support is not modified automatically if the parents formally alter their custody agreement. A motion to modify child support must be filed by the paying parent if they seek to change the amount for any reason.
The Michigan Child Support Formula is used by the courts to calculate child support. The court will utilize the formula to determine the amount of support if either parent requests to begin or modify child support. You can use the MiChildSupport Calculator on the Michigan Department of Health and Human Services (MDHHS) website to see what the support amount might be in your situation.
The Friend of the Court automatically examines the child support order once every 36 months if the child or custodial parent receives state benefits. If a parent requests a written review of the child support order, the FOC will also review it. Unless the parent can demonstrate that there has been a significant change in circumstances, the parent may only make this request once per 36 months (three years). For instance, a parent could demonstrate that the custody arrangements or either parent’s job have undergone significant change. The FOC may be required by a judge to review support.
The FOC will only request that the judge modify child support if the difference between the old and new amounts is at least 10% of the old amount, or at least $50, whichever is greater. The FOC is not required to request a modification in support orders if there is a small discrepancy between the old and new amounts.
Let’s imagine you presently pay $400 in child support each month, but your income decreased as a result of your reduced work hours. You can submit a written request for a FOC review if it has been more than three years after you first asked for the FOC to evaluate your child support order. The FOC will seek the judge to amend it if it determines that your new child support obligation would be less than $350 per month. The two amounts’ difference is $50 and 12.5%.
Just don’t decide to stop paying or rack up arrears in child support without consulting your attorney.
How Can I Modify Child Support?
If you are involved in a custody or parenting time dispute in family court but do not yet have a child support order, you can ask the judge to establish child support by filing a Motion Regarding Support.
Either party may submit a Motion Regarding Support asking the judge to modify the child support order if one already exists in the matter at hand. The parent who is moving and who is requesting a change in child support must provide the judge with justification for the move.
A new order can increase or decrease the level of help you now receive. The judge will determine the amount of support based on the Michigan Child Support Formula. Unless the outcome would be unfair or improper, the judge must order assistance in accordance with the formula.
The judge may take into consideration any agreement the parents make regarding the amount of child support, but they are not required to do so. You must complete an additional document, the Uniform Child Support Order Deviation Addendum if you have agreed to child support in an amount that deviates from the formula. Your uniform child support order should be filed with this form.
There are two ways to get a child support order in the absence of an active family court case. Applying for child support services online through the Office of Child Support is one alternative (OCS). The OCS will begin your child support case once you’ve submitted your application. Your information will be forwarded by the OCS to the district attorney’s (DA) office. In cases where the father’s legal paternity has not been proved, the PA will organize DNA testing. In addition, the PA will seek the judge to enter a child support order and determine paternity if necessary.
The PA will take care of your case if you submit an OCS application for child support. You can read the MDHHS parent brochure titled Understanding Child Support to learn more about the procedure.
You can submit a complaint for custody, parenting time, and support if the father’s paternity has already been confirmed through an Affidavit of Parentage and you wish to request child support on your own.
You can submit an Application for IV-D Child Support Services we mentioned to your neighborhood Friend of the Court (FOC) office if you file your own case. Although you would still be in charge of advancing your case, requesting child support services guarantees that the FOC would be able to assist you with matters involving child support, parenting time, and custody.
What Happens If I Can’t Pay Child Support?
Before submitting any documents to the court, you might want to speak with an attorney if you are behind on your payments. In the event that you make a Motion Regarding Support, the judge may assess your case and impose sanctions for the unpaid support. Free legal services may be available to you if your income is poor.
You may owe past-due child support payments to a person, the government, or both. These debts are referred to as “arrears.” Usually, you owe money to your child’s other parent or legal guardian. You can be liable for paying your obligation to the State of Michigan if your child receives public benefits or did so while you were obligated to pay child support.
Here are some consequences of evading the payment of child support in the state of Michigan.
[ 1 ] Income withholding. Your paycheck is deducted for current and past-due child support and medical support payments, which are then sent to the Michigan State
[ 2 ] Disbursement Unit. Additional sources of income must also have deductions made.
[ 3 ] Show Cause/Bench Warrant. If you don’t make timely payments for child support or medical bills, you can be asked to appear in court to justify your actions.
[ 4 ] Criminal/Felony Charges. It is possible that things will get this bad. It’s possible that your case will be handled by the county prosecutor. It is conceivable to face criminal non-support charges.
[ 5 ] Lien/levy. A lien or levy could be placed against your real estate, personal property, insurance claims, and other financial assets.
[ 6 ] Pension account(s). Support orders apply to private pension plans, state and federal pension programs, and both.
[ 7 ] Tax refund offset. Once the amount of past-due support reaches a certain threshold, federal and state tax refunds may be withheld to cover the debt.
[ 8 ] Surcharge. If you are behind on your child support payments, a judge may order that a semi-annual interest surcharge be applied to the amount you presently owe.
[ 9 ] License suspension. After a two-month payment delay, a number of license types, including driver’s, hunting, fishing, and professional licenses, may be rejected, suspended, or revoked.
[ 10 ] Credit reporting. If you fall more than two months behind on your payments, which are recorded to a consumer credit reporting service, your credit score may be harmed when you apply for a loan.
[ 11 ] Passport denial. Your passport might be revoked or rejected if you owe just $2,500 in unpaid support.
You can see how not paying child support can affect almost every aspect of your life. Along with the financial consequences, your ability to legally drive, travel overseas or even go fishing may be affected.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.