For many divorcing parents, the most important aspect of the divorce is child custody, followed very closely by child support.
When the child support order is granted by the Michigan family court judge, it can feel permanent for both parents. However, these orders are based on the facts available at the time, and these facts can change. Can child support orders be changed?
Child support modification
Yes, child support orders can be modified after a child support order review.
There are two ways to initiate a child support order review. First, if either the non-custodial or custodial parent receives state or federal public assistance, the Friend of the Court will examine the child support amount every three years automatically.
Even if you do not receive public assistance, you can request a review every three years.
Child support modification motion
Second, during the interim three-year periods, both parents can file a child support modification motion with the Michigan family court that issues the original order.
Of course, as with any court filing, you should contact your attorney and there will be filing fees.
The court will provide you with a questionnaire to substantiate your request.
In addition to the questionnaire, you will need to submit several items with your motion. You will need to submit your four most recent paycheck stubs. If you do not receive pay stubs, an employer statement that contains a listing of your year-to-date earnings and deductions can be utilized as well.
You must include your most recent state income tax returns with all of the schedules, W-2s, etc. If you own your own business or are self-employed, you will need to include your last three years business tax returns.
You can also include any other information and evidence that you believe the Friend of the Court should use to make their child support recommendation.
If you believe you should receive reimbursement for childcare expenses, you will need to also submit form FOC39e (Child Care Verification).