Child Support is an important topic, it involves how much a parent will pay to support their child. Child support is a court-ordered payment, typically made by a noncustodial divorced parent, to support one’s minor child or children. Modification is when one or both parents petition the court to change the terms of a child support order that has already been made. In this blog we will be going over what it means to modify child support in Michigan. If you have any other questions regarding child support or divorce, give Goldman and Associates a call today to learn more.
Can I modify my child support payments?
Child support orders can only be modified when there is a “substantial” change in circumstances (more significant than for modifying spousal support). This change must effect the needs of the child or the ability of the paying parent to provide for these needs (i.e. ability to pay). A number of factors will be considered when determining whether or not to grant modification. These are just a few examples:
- The paying parent changes jobs
- The child growing older
- Inflation
- Change in paying parent’s income
- Paying parent retires
- Paying parents becomes permanently injured or sick
What is the procedure for modifying child support?
In Michigan, there are two methods for securing a modification of child support. You can either make a request to the FOC (Friend of the Court) office to review the support order, or you can file a motion directly with the family court. You are limited to one modification request to the FOC every 36 months (3 years) for any reason. You can request modification sooner if you can persuade the FOC that there has been a sufficient change in circumstances. If they agree that the change in circumstances is significant enough, then they will file a motion with the family court.
The FOC and the family court usually define “significant change” as 10% or greater change in income (either reduction or increase), or something analogous to that. From the moment the modification request is made, the whole process generally takes about 180 days (six months). Filing directly with the court will generally only take 90 days (three months) but is significantly more expensive (going through the FOC is free). If you experience a change in financial circumstances such as the loss of a job, you are required to report that to the FOC in writing before you can get your support payments modified. If you fail to request modification immediately you will incur substantial and unnecessary arrears (see relevant section of this guide).
Conclusion
Failure to pay child support is a felony punishable by at least four years in prison and/or fines of up to $2000. Beyond that, the court may also hold the delinquent ex-spouse in contempt of court. Contempt can also be a crime, but is usually civil. Remember that if you want to get your child support modified, talk to your lawyer first, your lawyer will create a case for you and assist you in getting your child support modified.
Our attorneys will give you the outcome that you desire, we understand how important this kind of matter is to you. For more information on Child Support in The State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about spousal support in Michigan.
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