Michigan Family Attorney Giving You the Representation You Need to Modify Child Support Payments

Most men pride themselves on their ability to support their families. This remains true even in the event of a divorce. Even if a father is not a consistent presence in his child(ren) ‘s lives, child support payments allow him to care for them and provide a stable, loving home. Child support can pay for clothes, schooling, food, and other necessities that ensure a child is well cared for through a difficult period.

In some instances, a father may need to modify these payments. While he may wish to keep the amount consistent, job loss, injury, or changes in life circumstances may make it necessary to change the amount he is paying on a regular basis. If this occurs, there is a process in place to allow a father to modify child support payments while still meeting his legal and familial obligations.

What is Child Support in Michigan?

Child support is a regular payment made by a non-custodial parent to a custodial parent to help pay for a child’s living expenses. A custodial parent is the parent who has primary custody of a child. In many cases in Michigan, the custodial parent is the mother, and the non-custodial parent is the father. This means that in most instances, fathers make child support payments to mothers.

The amount paid in child support is calculated according to the Michigan Child Support Formula (MCSF). The formula considers various factors to determine how much a non-custodial parent will pay in child support. These factors include but are not necessarily limited to:

  • Income of Both Parents
  • The Amount of Time a Child Spends with Each Parent
  • The Child’s Healthcare Expenses
  • Other Childcare Expenses (Schooling, Clothing, etc.)
  • Any Special or Mitigating Circumstances

A judge will use the MCSF to determine how much child support a non-custodial parent owes each month. Under normal circumstances, a non-custodial parent can review and change the amount of money owed every three years.

When Can I Modify Child Support in Michigan?

Depending on life circumstances, a parent may petition the court to modify child support before the three-year period is up. This can be done through Friend of the Court (FOC). Friend of the Court is an organization that assists the court on custody and child support matters. To file a petition, a parent must prove their financial circumstances have changed so they can no longer meet the financial obligations established in their latest custody agreement. Changes the court may take into account include but are not limited to:

  • Job Loss or Change
  • Health Insurance Loss or Change
  • Injury or Illness
  • Change in the Child’s Financial Needs
  • Change in the Custodial Parent’s Marital or Financial Status

If any of the above changes apply, the non-custodial parent can file a request with Friend of the Court. Friend of the Court will then send a financial questionnaire to both parents. Each parent will be expected to fill out this questionnaire. FOC will then use the results of the questionnaire to determine whether there are grounds to modify support payments. If FOC determines there are no grounds to adjust payments, the request may go no further.

If FOC determines there are grounds to modify payments, they will file a motion with the court. Once a motion is filed, a hearing can be held.

What Happens at a Child Support Modification Hearing in Michigan?

At a child support modification hearing, the non-custodial parent will have the opportunity to present their case to modify payments. The custodial parent may choose to either challenge or agree to the request for modification. The non-custodial parent may be asked to provide evidence supporting their claim. Evidence to support a need for modification may include but is not limited to:

  • Pay Stubs
  • Termination Papers
  • Healthcare Documentation
  • Tax Returns
  • Medical Records
  • Financial Statements

Additionally, the custodial parent may be required to present proof of income or changes in life circumstances. This is especially true if the custodial parent has gotten married or if the child’s financial needs have changed.

It is at the discretion of the court what, if any modification, may be made to child support payments. Just because a motion is filed and a hearing is held does not necessarily mean a judge will grant a request for modification. Additionally, a judge may not make the desired modification. This means even if a judge grants a request to reduce payments, they may reduce it less than requested. This is why it’s vital for any father seeking a modification to his child support payments to consult an experienced attorney prior to filing a request with Friend of the Court.

What Should I Do if I’m a Father Who Needs to Modify Child Support Payments in Michigan?

Most men want to keep their child support payments consistent. They see paying support as a means to continue providing for their child even if they are not their custodial parent. Most men dislike the thought of having to offer less to their child(ren). However, sometimes, this is unavoidable. This is especially true in the event of job loss, injury, illness, or some other unforeseen event. Needing to modify child support due to circumstances beyond someone’s control does not make them a bad father.

If you or a loved one are a father who needs to modify his child support payments, don’t hesitate to immediately contact ADAM American Divorce Association, located at 2000 Town Center #2350, Southfield MI 48075. The attorneys of ADAM American Divorce Association believe every man deserves the opportunity to provide for his children to the best of his abilities. They understand that sometimes things happen beyond people’s control. They don’t believe anyone should be forced to pay beyond their means if circumstances can be avoided. They want to help every man pay to the best of his abilities to ensure his children have the best life.

Sometimes, our life changes beyond our control. If this happens to a parent, it can impact their ability to support their children. If you or a loved one are a father who needs to modify child support payments in Michigan, don’t hesitate to call ADAM American Divorce Association at 248-290-6675 or email them to schedule a free consultation. They can help you and your children lead your best lives.