Raising a child is expensive, especially if you are a single parent. Even non-custodial parents can feel the pinch when circumstances change. Whether you are payer or payee, a child support order entered years ago may no longer be a good fit for your family and your child's financial needs. Knowing when and how to modify child support is crucial to making sure everyone in your family has what they need to thrive.
Can You Modify a Michigan Uniform Child Support Order?
A child support order entered when a child is in kindergarten may not be fair to either parent by the time that child starts high school. That's why Michigan law allows courts to modify a Uniform Child Support Order (UCSO) at any time until the child turns 18, and even up to age 19 ½ if the child is still living with a parent in high school (and expecting to graduate). A parent can request a change in child support amount:
- Once every 36 months
- After a substantial change in circumstances
These are two separate reasons to review support, so there does not need to be a change in circumstances to review a three-year-old child support order. Nor do you have to wait 3 years if something big has changed.
How to Request a Child Support Review
If you are seeking a 36-month child support review, you may be able to do that without the help of an attorney. Parents can ask the Friend of the Court office to perform an “automatic review.” The Friend of the Court will send both parents questionnaires about their financial circumstances and recalculate the amount using the Michigan Child Support Formula. If neither party objects, a new child support order can be entered.
Sometimes an automatic review can lead to a recommendation that is either inaccurate (such as when one parent is concealing income), or not fair and equitable. If the recommendation seems out of place, you can hire an attorney to file an objection and ask the Court to review and possibly deviate from the recommended amount.
7 Common Reasons to Modify Child Support
More often, if you are hiring a child support attorney to help you modify your UCSO, it is because something has changed in your financial circumstances. Common reasons to file a motion to modify child support include:
- Payer loses his or her job or has a substantial reduction in income
- Payee gets a new job or a significant increase in income
- Either parent is determined to be disabled and no longer able to work
- A motion to modify custody and parenting time changes the number of overnights assigned to each parent
- A child has a significant new expense such as tuition or orthodontics (not covered by insurance)
- A significant change to health insurance costs (such as increased premiums for marketplace plans or a loss of employer-provided coverage)
- Childcare expenses significantly change (such as when a child begins school and no longer needs full-time care)
While these are the most common events that trigger a child support modification, any substantial change to the Michigan Child Support Formula's recommended support amount (at least 10% increase or decrease), even when caused by a change to the law itself, is enough to enter a new order.
What to Expect After Filing a Motion to Modify Child Support
If you file a Motion to Modify Child Support, the first steps are likely to be the same as in an automatic review. The case will usually be referred to the Friend of the Court for an investigation and recommendation. You will receive a questionnaire and need to provide supplemental documentation. This could include:
· Your current custody and parenting time order or agreement (to demonstrate the proper overnight offset)
- Your 3 most recent paystubs
- Tax returns for the last 1 to 3 years
- W-2s and 1099s showing annual income
- Medical, dental, and vision insurance information (including premiums paid and number of people covered by the policy)
- Veteran's Affairs or Social Security Disability benefit statements
- Pension payment information (for accounts in pay-out status)
- Business account information for self-employed individuals
- Proof of childcare expenses
- Uninsured medical bills
- Tuition expenses
The Friend of the Court will then enter the relevant information into the Michigan Child Support Formula and create a recommendation. Under Michigan law, the formula's recommended amount is presumed to be the correct amount and will be the child support award unless one or both parties can show that a deviation is appropriate based on clear and convincing evidence. That is why most child support litigation centers on what data goes into the child support formula, including the correct amount for each parent's income, rather than the number that comes out.
If either parent disagrees with the Friend of the Court's recommendation, you can file an objection within a specific period after the recommendation is mailed out. Then the matter will be set for a hearing in front of the Michigan family court judge. If the disagreement is factual, the Court will schedule an evidentiary hearing to establish the facts using admissible evidence. At the end of that hearing, the Judge will issue an opinion, and a new UCSO will be entered for that amount.
When to File a Motion to Modify Child Support
One common mistake parents make is waiting too long to file a motion to modify child support after circumstances have changed. For example, a payer may hold off on filing a motion to modify support after losing his or her job expecting to find another one soon enough. Except in very rare circumstances, child support cannot be modified retroactively. That means whatever the correct number turns out to be, it will only apply from the date of the motion to modify child support forward. More often, courts will enter new orders after a hearing that go into effect that day or at the start of the following month. The longer you wait to file, the more money you are leaving on the table.
Get Help Modifying Child Support from a Michigan Family Lawyer
At Bebout, Potere, Cox & Bennion, P.C., we care about you and your family. We help individuals and families in Rochester Hills, Rochester, Troy, Lake Orion, Oxford, Oakland County, Macomb County and throughout Southeast Michigan. We can help you file a motion to modify child support or object to the Friend of the Court's automatic review, applying the Michigan Child Support Formula to ensure that your children have what they need to thrive. Call us at 248-651-4114 or contact us here to speak to an attorney.
