How a Michigan Court Determines Child Support Adjustments After a Job Loss

When a change of circumstances occurs for a parent who’s obligated to pay monthly child support in Michigan, the court provides a mechanism to adjust the payment amount. In many cases, this change is a loss of employment. If you lost your job, it’s a good idea to understand how the court may adjust the amount you pay.

The child support amount may be modified due to a change of circumstances at any time before your child graduates from high school, according to Michigan’s Friend of the Court (FOC) Bureau. You or the FOC may request on your behalf that the court modify the court-ordered amount. Task a closer look at how this process works.

A Change in Circumstances

Michigan law MCL 552.517 specifies what qualifies as a change in circumstances. It refers to any change that substantially impacts a child or parent that makes it unfair to a parent to pay the amount of child support as ordered by the court.

A few common changes in circumstances include:

• Unemployment
• A parent receiving public assistance or worker’s compensation
• A parent’s incarceration or release from incarceration
• A temporary or permanent change in child custody

When a parent’s circumstances change, they may request that the court review their support by filing a Motion Regarding Support.

Adjusting Support After Losing a Job

In the event of an involuntary job loss, you should report the change and file the motion as soon as possible. If you work with the FOC, they will typically review your support within 90 days. During that time, the court-ordered amount remains the same.

While reviewing your case, the FOC may request additional information from you and the other parent. It will then recalculate child support. To modify the amount, the parent must file a “Motion to Change the Support Order” and a “Uniform Child Support Order.”

How Is the Adjustment Calculated?

When determining child support, state law requires using the Michigan Child Support Formula. Typically, the calculations are done with software. The MiChildSupport Calculator, available online, may be used to determine the amount.

But the amount calculated with the formula could drop if the court determines it is unfair to the parent. For example, an unexpected job loss could justify a decrease.

What the Court Considers

The court may weigh the following factors when determining whether to decrease the monthly support obligation:

• Job history and previous earnings
• Education and skills
• Potential earnings
• Health conditions
• Attempts to regain employment

Keep in mind that while the court may lower the monthly amount after an involuntary job loss, it won’t necessarily free you of your obligation.

Also, if you voluntarily leave your job, you may face a different outcome. The court will likely base the child support amount on your potential earnings.

If you regain employment but receive less in wages than in your previous position, that also must be communicated to the court via a motion for modifying child support. You must clearly show to the judge that the income reduction was not intentional.

Have You Experienced a Job Loss?

If you need to modify your child support, you need an experienced Michigan child support attorney to guide you through the process. Contact the seasoned team at Gucciardo Family Law to schedule a consultation today.