Losing your job is stressful without the added burden of court-ordered child support payments that no longer reflect your financial reality. Struggling to meet your child support obligations because of a job loss requires learning how and when to request a child support modification.
Child Support Modification 101
A child support modification is a legal change to an existing child support order, and either parent can request it if there’s a significant change in circumstances. Those significant changes include job loss, reduction in income, medical emergency, or alterations in child custody.
Modifying child support after job loss means a judge must approve your request. Until then, the original order remains legally binding even if your income has decreased. That’s why acting quickly to hire a child support modification lawyer is essential to your financial well-being.
Courts require you to prove that your financial situation has changed substantially and involuntarily. A temporary job loss might not be enough to convince a judge to modify your child support obligation. The court will likely only consider economic hardship lasting more than a few weeks.
When to Modify Child Support After Job Loss
Request a child support modification as soon as possible after a job loss that is expected to last. Child support obligations don’t pause automatically, and missed payments can cause the following:
- Wage garnishments
- Loss of driving privileges
- Loss of passport
- Consumer credit damage
- Jail time
Courts generally won’t retroactively lower your obligation to the day you lost your job. They will only reduce it from the date you filed the child support modification request. Have more questions? Contact Richards Family Law to learn more.
How to Modify Child Support in Michigan
Here’s how to get started modifying child support in MI:
- Gather financial information.
Prove your change in circumstances with clear and accurate evidence, including termination letters, layoff notices, unemployment benefits statements, or recent pay stubs or tax returns.
- File a petition.
Your lawyer will contact the family court or child support enforcement office in your jurisdiction or access the modification forms online. This form is a formal request to modify child support in Michigan and includes financial disclosures and supporting evidence you’ve collected.
- Give notice.
Your family lawyer will then help contact the other parent and ensure they are served notice of your request to modify. They will have a chance to review your claims and respond, and in some cases, both parties may agree to the new terms out of court.
- Attend a hearing.
If necessary, such as if there’s a dispute or the judge needs more evidence, both parties may be required to attend a hearing. Expect to answer questions about employment history, finances, and efforts to find a new job. Richards Family Law can help you prepare.
Will Michigan Courts Approve Your Child Support Modification Request?
Each case is different, but Michigan courts generally consider the following when you petition to change your child support obligation:
- Whether the change was voluntary or involuntary
- Earning potential of both parents
- Efforts to find new employment
- Needs and best interests of the child
- Both parents’ income
- Length and severity of the financial change
For example, family courts in MI might not reduce your child support obligation if you were fired for misconduct or voluntarily quit your job. However, being laid off or facing company closure will likely increase the likelihood of a judge approving your request.
Conclusion
Time is not on your side when it comes to child support modifications after job loss. But ignoring the issue won’t make it disappear. Act fast to avoid major legal and financial consequences. Contact Richard Family Law today to schedule a consultation.
