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Michigan family law and child support modifications

| Apr 15, 2021 | Child custody |

Family law in Michigan can be complicated and difficult when a couple is getting a divorce and is dealing with the various issues that inevitably arise. These include child custody, child support, spousal maintenance and property division. Even after the case is over, there may be concerns to address. Child support will have a set amount based on various factors including income, the child’s specific needs and more. Circumstances often change and that might lead the custodial parent or the supporting parent to want a modification of the order. Understanding when and how this can be done is critical.

Key points about modifying a child support order

There are fundamental aspects of every child support modification case. There is a Friend of the Court whose role it is to assist the parties. The Friend of the Court conducts a review of the amount being paid in child support every 36 months if a parent is getting public assistance. If there is no public assistance, then a parent can ask for the review to be done in that same time-frame. It is even possible to ask for a review before 36 months have elapsed via a court motion. The parent seeking the modification must give several forms of information to the court including proof of income, tax returns, business tax returns if applicable, and anything else the Friend of the Court needs.

Modifications are possible if they are necessary

As the past year has shown, situations can quickly arise that radically change a person’s life. Job loss, health concerns and personal challenges have come up for many people due to the ongoing health crisis. Even people who would otherwise not have thought it necessary to seek a child support modification might have had their financial and personal lives upended by the pandemic. This is just one example of when a person might want to have the order modified.

Legal guidance could be helpful with a modification

The determination at the end of a family law case is not set in stone. It can be changed as needed. It is important, however, to have legal guidance in to successfully get a modification. Adhering to the requirements is part of it, but there could be factors that require nuance and clear evidence. Having assistance from experienced professionals who understand child support modifications can be helpful.