Children’s needs change as they age. For many families, this can mean that financial support from a noncustodial parent may no longer be enough to cover the cost of raising the child. On the other hand, parents who pay child support may feel like they’re asked to give too much, particularly if the custodial parent earns a good living. In Michigan, you can modify a child support order, but anyone wishing to do so can benefit from the help of an experienced child support attorney.
The team at Alward Fisher has extensive experience with child support modification in Michigan. Our Traverse City child support lawyers can explain the process to you, handle the necessary legal procedure, and work to keep any change to a support order from conflicting with your rights or interests. Call us today or complete our contact form for a free consultation.
What Is Child Support Modification?
A child support modification in Michigan is a legal proceeding where the parent making child support payments or the parent receiving them asks the courts to change the existing support arrangement. Either parent can ask for a change, but the courts do not have to approve the request. The parent who submits the request must prove they have reasonable cause to change the existing support order, which usually means proving there has been a significant change in circumstances for either the parent or the child.
Grounds for Modification in Michigan
When a parent wants to modify a child support order, they must provide grounds to justify the change. Some common reasons that courts in Michigan might accept an adjustment to a child support order include:
- Significant change in income – If a parent experiences a significant increase or decrease in income, the court may change how much child support one parent pays. For example, if a parent loses their job or gets a promotion, these changes can justify a modification since these circumstances directly affect the parent’s ability to pay support or meet the child’s financial needs. A 10-percent adjustment to income is often the threshold to qualify as a significant change.
- Change in the child’s needs – As children grow, their financial needs can change. If a child develops a medical condition that requires ongoing treatment or other expenses, the court may change a child support order in Michigan to account for these additional expenses.
- Change in custody or parenting time – If there’s a significant shift in the amount of time a child spends with each parent, the court may modify a support order. For instance, if one parent gains more custody or the child moves in with them full-time, those circumstances could justify a Michigan child support modification.
- Loss of health insurance – If a parent loses their job and benefits like health insurance, the court might modify the child support amount. A modification in these circumstances helps ensure the child’s healthcare needs are met through additional financial support.
How to Request a Modification
There are three methods parents can use to request a child support modification in Michigan:
Friend of the Court (FOC) Review
One of the most common ways to seek a modification is through the Friend of the Court (FOC) Bureau. Parents can request a review of their child support order every 36 months, especially if one parent receives public assistance. However, a parent can also request a review sooner if they can prove a significant change in one parent’s income (such as job loss) or the child’s medical expenses. Once the FOC reviews the case, they will recommend whether the courts should modify the support amount. If the FOC believes a modification is justified, they will file a motion with the court on the parent’s behalf.
Filing a Motion in Court
Parents can also file a motion in court on their own to request an immediate modification. This method might be faster but often comes with more expenses. A parent using this method must fill out a Support Modification Forms packet, which they can obtain from the FOC office or online. After completing the necessary forms, the parent must file the motion with the court, pay the required fees, and may need to appear in court to argue their child support case. If the court approves, the new support amount can start as early as the date the other parent is notified of the motion.
It’s important to remember that when you appear in court, you will be expected to adhere to the same procedures that an attorney would. Consider consulting a skilled child support lawyer in Michigan to avoid unnecessary delays and complications.
Mutual Agreement Between Parents
If both parents agree to change a child support order, they can file a joint request with the courts. Some FOC offices may help parents prepare the agreement, which the parents must then submit to the courts for approval. However, parents can draft their own agreement if the FOC doesn’t offer assistance. The court must still review and sign off on any modifications before they take effect to ensure the deal complies with the Michigan Child Support Formula.
Tips for a Successful Modification Request
Here are a few things to keep in mind to maximize your chances of getting court approval to change child support orders:
- Gather evidence – Provide clear documentation of changes in your income, expenses, or the child’s needs (e.g., pay stubs, medical bills, etc).
- Act quickly – File the request as soon as your circumstances change to avoid delays.
- Be honest and accurate – Ensure all information included in your request is truthful and up-to-date.
- Keep communication open – Work with the other parent (when possible) to reach a mutually acceptable agreement.
- Hire an experienced child support attorney – Michigan child support lawyers can guide you through the process used to calculate child support and represent you in the child support hearing.
Contact Our Michigan Child Support Attorneys for Help
The Traverse City child support lawyers at Alward Fisher want every child to have the resources they need to thrive. Call us today or reach out online to speak with one of our attorneys about modifying your child support order.
