As your child gets older, their needs will change, too. Likewise, your financial situation — and your ex’s — will also change over time. For this reason, the amount of child support you pay or receive is subject to modifications.
Modifying child support does not happen arbitrarily. Just as the initial child support order is tied to your and your ex’s incomes, so too any modifications must be based on current financial realities.
An updated child support order can help you provide your child with a good standard of living, no matter your and your ex’s situation.
3 Ways to Change Child Support in Michigan
If you feel your child support order is no longer right for your family, you have three ways to go about changing it. However, the change will not take effect until the court approves it. Until then, you must follow the existing order.
Whether you are paying or receiving child support, you can seek a modification through one of three processes.
1. Reach an Agreement With the Other Parent
Depending on the situation and your relationship with your ex, you could agree to modify the child support obligation. As long as each party’s agreement is obtained freely and knowingly, and there is some objective reason to adjust the amount, the court will generally approve such modifications.
For example, suppose that you will be undergoing surgery and will not be able to work for several months while you recover. You and your ex may agree to temporarily suspend your child support obligation.
2. Request a Review From the Friend of the Court
If there has been a substantial change in circumstances, you can ask the Friend of the Court (FOC) to review the child support amount. You can also ask for a review if more than 36 months have passed since the last child support modification.
Substantial changes include significant increases or decreases in income, prolonged illnesses, and changes to the child’s needs. However, you cannot purposefully create a change in circumstance by leaving your job without just cause or by taking on unnecessary expenses.
When you request a review, both parents will submit financial information, and the FOC will decide whether a modification is warranted.
3. File a Modification Request With the Court
If the FOC does not believe that a change in child support is necessary and your ex is not willing to agree to a modification, you can file a request directly with the court.
At a hearing, you can try to prove to the court that there is a substantial change in financial circumstances that justifies the modification. Your ex can present evidence to the court in opposition to your request. A judge will review your case and make a decision.
Getting Help From an Experienced Michigan Family Law Attorney
Modifying child support in Michigan is not always straightforward. Gucciardo Family Law can help. We’ll review your situation and determine whether your modification request is likely to succeed. We can then help you decide the best avenue for seeking the modification and represent you at each stage of the process.
