In Michigan, child support is generally calculated by using the Child Support Formula that was developed by the Friend of the Court Bureau. When parents of minor children are getting a divorce, the Friend of the Court investigates and makes recommendations regarding child custody, parenting time, and child support obligations. The Friend of the Court uses several factors to determine each parents’ child support obligation including the parents’ income, other support obligations, and parenting time. For a more detailed discussion about how child support is calculated in the first instance, see our Oakland County Child Support Page. Need more help? Contact us online or call (248) 479-6200.
Modifying Child Support Obligations
In some situations, the child support formula produces an unjust or inappropriate amount. When this happens, the court can deviate from the formula. The Friend of the Court has listed some situations that could result in the courts deviating from the Child Support Formula. These situations include when the child has special needs, the child has extraordinary educational expenses, the parent is a minor, the court has awarded property in lieu of support for the benefit of the child, the child earns an extraordinary income, or any other factor the court deems relevant to the best interest of the child. When the court deviates from the child support formula, the court can consider any relevant factors to determine an amount.
Once a child support order has been entered, the easiest and fastest way of modifying child support obligation is for the parents to work together and agree on a new amount. If you and your child’s other parent agree on modifying child support obligation, you can fill out a Uniform Support Order Form and send it to the Oakland County Friend of the Court. If both parents cannot agree on a new amount of child support, the parent seeking the modification will have to contact Friend of the Court or the court.
If three years or more have passed since your child support order has been entered with the court, you can submit a request to Friend of the Court asking them to review your support obligation. A parent can only request a review of their support obligation once every three years. If less than three years have passed, you can file a motion with the court or Friend of the Court to modify support.
Changes in Circumstances
A parent can submit a request that supports modifying child support whenever the child’s needs or the parent’s ability to pay the current amount changes. A request of modifying child support obligation is first handled through the Oakland County Friend of the Court.
When requesting a child support modification, you must provide proof that your financial situation has changed. You will need to send pay stubs, complete federal and state income tax returns, and proof of income if you are self-employed.
The Friend of the Court will review any documentation you submit and determine if a modification should be granted. If the Friend of the Court believes that your child support should be modified, they will file a motion on your behalf asking the court to modify your child support obligation.
The court considers many factors before modifying child support orders. Before modifying child support orders, the court weighs the factors to determine that the modification is in the child’s best interest. When asking the court to modify your child support obligation, you will want to have an attorney who is knowledgeable in child support laws and who is able to help get the modification you are asking for.
Oakland County Child Support Modification Lawyers
If you are trying to modify your child support obligation, you need a legal team skilled in this ever-changing and complex area of law. The lawyers at Kronzek & Cronkright, PLLC, continuously review child support laws to stay up-to-date on any changes. Our attorneys also have extensive experience litigating child support modifications. Contact the attorneys at Kronzek & Cronkright, PLLC, today to see how we can help.