Support Modification
Substantial Change in Circumstances
Michigan law allows child support orders to be changed when there has been a “substantial change of circumstances”. Examples of a substantial change of circumstances would be a change or loss of employment, a promotion, a modification of the custody or parenting time arrangement, or a party having additional children in a subsequent relationship. While courts differ in their interpretation of what constitutes a “substantial” change of circumstance, usually a small pay raise or cost of living increase does not meet that standard. If the support order would change less than $50 per month, usually no change will be made.
Michigan law allows child support orders to be changed when there has been a “substantial change of circumstances”. Examples of a substantial change of circumstances would be a change or loss of employment, a promotion, a modification of the custody or parenting time arrangement, or a party having additional children in a subsequent relationship. While courts differ in their interpretation of what constitutes a “substantial” change of circumstance, usually a small pay raise or cost of living increase does not meet that standard. If the support order would change less than $50 per month, usually no change will be made.
Friend of the Court Review of Support
One method of getting support changed is through the FOC review process. Each party has the right to request a FOC investigation of the amount of child support every three years. The request must be submitted in writing. If public assistance is involved, the three-year review will be automatic, without the need for a request. The FOC will conduct an investigation of each party’s income. In some cases, the FOC is required to periodically review child support provisions (including healthcare) and file a motion for a change in the order if a change is found to be proper.
When reviewing support, the FOC office may request information from a parent’s employer, including the parent’s address, social security number, date of birth, wages earned, and dependent health care coverage available as a benefit of employment. Financial questionnaires will be sent to each parent. It is very important that you fill out the questionnaire completely and accurately and return it promptly. The FOC will rely on these questionnaires in making its recommendation. Failure to complete and return the questionnaire may result in the FOC making a “best guess” about your income, and you may not agree with their determination. If accurate information is received, the resulting recommendation is more likely to be correct, and much delay and aggravation can be avoided.
When reviewing support, the FOC office may request information from a parent’s employer, including the parent’s address, social security number, date of birth, wages earned, and dependent health care coverage available as a benefit of employment. Financial questionnaires will be sent to each parent. It is very important that you fill out the questionnaire completely and accurately and return it promptly. The FOC will rely on these questionnaires in making its recommendation. Failure to complete and return the questionnaire may result in the FOC making a “best guess” about your income, and you may not agree with their determination. If accurate information is received, the resulting recommendation is more likely to be correct, and much delay and aggravation can be avoided.
After the financial review, the FOC will make a written recommendation regarding the modification of child support. The recommendation will be sent to both parties. This recommendation will become a final order if neither party files written objections within 21 days. If a parent objects to the recommendation, the objections must be put in writing and provided to the FOC within 21 days from the time the recommendation is mailed.
If an objection is received within the 21 days, a hearing date will be set before the referee about the objection. Both parties will be notified of the hearing date and both should attend if they wish to have their position heard. After the hearing, the referee will prepare a recommended order that will become a final order if no one objects within 21 days.
If a parent disagrees with the referee’s recommendation, the objections must be put in writing and filed with the court clerk within 21 days. The Judge will then review the matter, and may affirm or reverse the referee without a further hearing. If, however, the Judge determines that a hearing is necessary, a hearing date will be set before the Judge and the parties will be notified of the hearing date. After the hearing, a final order will be entered.
Motion to Modify Support
Another method to try to get your support changed is to file a motion to modify support. You can file this motion on your own, or you can hire an attorney to do it for you. The FOC has forms available to assist you. Usually, the motion will be heard by the referee and a recommended order will be issued. A party can file an objection to the referee recommendation in the same manner as described above.
Another method to try to get your support changed is to file a motion to modify support. You can file this motion on your own, or you can hire an attorney to do it for you. The FOC has forms available to assist you. Usually, the motion will be heard by the referee and a recommended order will be issued. A party can file an objection to the referee recommendation in the same manner as described above.
Stipulation to Modify Support
If both parties agree to change support, in some cases the FOC can assist in obtaining the agreed changes. However, some restrictions apply because of the state law that generally requires compliance with the Michigan Child Support Formula, and the filing of a Motion to Change Support may be required. If you wish to change your child support, contact the Support Specialist at the FOC for more information.
When parties agree to a stipulated order, it is important that you keep in mind the following information:
- Only sign a stipulated order if you fully understand it.
- Once signed, you may not be able to change it, so be prepared to live with it.
- Do not sign a stipulated order if you are being pressured or coerced, or if it is against your wishes in any way.
- Consider having an attorney review any stipulated order that you are considering.
- Read the stipulated order carefully and make sure every part of your agreement is included. If your agreement is not fully set out in the order, it will not be enforceable.
The FOC may not approve your stipulated order if it appears that the order is not in the best interests of your child. Your current court order will remain in effect until a modified order is signed by the Judge and filed with the court clerk. In other words, continue to follow the current court order as you are legally bound by its terms until a new order is entered.