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Child Support Modification
Parents can modify child support orders if their circumstances change substantially. In most cases, that means a recalculation would result in at least a 10% increase or $50 per month, whichever is greater.
An Oakland County child support modification lawyer can help you raise or lower child support according to your reality. Contact Richards Family Law today.
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- 7563 Sweetbriar W. Bloomfield, MI 48324
- (248) 325-8613
- Mon - Sat: 8:00 am - 6:00 pm
Child Support Modification in Michigan
You cannot change a child support order at will in Michigan. A court must find that the substantial change in circumstances is significant enough that the existing amount is no longer equitable or appropriate. Start by filing a motion with the Circuit Court in Oakland County.
Substantial Changes
Qualifying changes for child support modification in Oakland County usually include:
- Increased or decreased income
- Job loss
- Chronic illness or disability
- Custody or parenting time changes
- A new child
- Adjusted healthcare or childcare costs
Cost-of-living increases typically don’t qualify for modification. However, layoffs, promotions, and significant parenting changes usually do. Consult an Oakland County child support modification lawyer to determine where you stand and help plan your next steps.
Help Modifying Child Support in Oakland County
Oakland County lets parents modify child support in two ways. A Friend of the Court (FOC) is the county office where parents can submit a written request for the FOC to review current child support amounts. This option is free and allows parents to adjust support obligations out of court. However, it’s a slow process, and the FOC decides whether a change qualifies.
The other option is to file a motion directly with the Oakland County Circuit Court. This puts your request directly before a judge, which can speed up the process and give you more control over disputing the figures. With your lawyer’s help, the Circuit Court can also help uncover hidden income and compel parents who refuse to cooperate.
Calculating Child Support Modifications
A child support modification recalculates the amount the payor owes. Oakland County uses a Friend of the Court to evaluate each parent’s income, healthcare costs, childcare expenses, and the number of nights the child spends at either home.
In Michigan, income includes wages, salary, commissions, bonuses, overtime, rental or investment earnings, pensions, Social Security, unemployment, and self-employment. And Oakland County courts can impute income to parents who are voluntarily unemployed or underemployed.
Oakland County also doesn’t allow retroactive modification, meaning support payments become a judgment on the date of entry and can’t be modified afterward. Modifications can only reach back to the date the motion was filed and served. Reach out to an Oakland County child support modification lawyer as soon as your circumstances change.
Consequences
Waiting can cost you, regardless of which side you’re on. Child support orders stay in effect until courts sign a new one, so paying less before going to court can pile up arrears, add penalties, and trigger enforcement action.
Even after the court calculates a new amount, the other parent generally has 21 days to object or request a hearing. Richards Family Law prepares our clients for these and other stages, including the consequences of nonpayment.
Unpaid child support in Oakland County can mean the payor’s property gets seized after two months of accumulated arrears. A court-ordered modification to a lower, affordable amount is often the most legally secure and effective way to prevent debts from piling up.
Oakland County Child Support Modification Lawyers
A child support order can reflect a snapshot of your life, but only for one moment in time. Life changes, which means an existing order can become unfair if those changes are substantial enough. Richards Family Law helps Oakland County parents modify child support by helping present what’s practical and realistic today, not last year.
What We Do
Child support modifications can seem straightforward until you’re looking at a complex formula, dense court forms, and filing deadlines. Mistakes can lock in the wrong amount for years, so an Oakland County child support modification lawyer should prepare an accurate calculation that accounts for all income sources and addresses imputed income when necessary.
Our firm represents you from start to finish, whether you receive child support or pay it. Our goal is always fairness and accuracy. As a Super Lawyers Rising Star, we provide every client with direct and personalized legal guidance from first call to final order. Reach out now to discuss your case.
Book Your Consultation Today
Outdated child support orders in Oakland County don’t fix themselves. Take the first step toward an amount that reflects your reality. Book your confidential consultation with Richards Family Law today.
