#13 Modification of Child Support

By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/


Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.
http://terrybankert.blogspot.com/


Articles on Divorce and Lawyers in Flint, Genesee County Michigan USA
http://terrybankert.blogspot.com/2006/09/divorce-attorneys-and-law-in-flint.html

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A common standard for modification of child support is a substantial change in circumstances. That usually refers to a change in income of the parent who is supposed to paying support. If the parent who is obliged to pay support suffers a loss of income, that could be a basis for reducing support; conversely, if the parent's income increases, that could be a basis for increasing support.

Changes in circumstances of the child also can be a reason for modifying support. If the child has significant new expenses such as orthodonture, special classes, or health needs that are not covered by insurance, that too can be a reason for increasing support.

Significant changes in the income of the parent seeking support also can be a basis for modification. If the custodial parent's income drops (particularly through no fault of the custodial parent), that might be a basis for increasing support. If the custodial parent's income increases, that might be basis for reducing support from the non-custodial parent.

In Michigan support orders may be reviewed automatically every few years to set support consistent with the parents' current income and the support guidelines. If the parent who is supposed to pay support has a major drop in income (such as through loss of a job) and the income is not likely to be replaced soon, the parent should promptly go to court to seek modification of child support.

The obligation to pay support at the designated amount continues until a court orders otherwise. A court's order for child support generally is effective for future support payments only. Normally, a court cannot retroactively modify support payments, even if the parent who was supposed to pay had a good reason for not making full payments.

When a parent loses a job or experiences a financial setback, one of the last things the parent may want to do is incur more expenses by hiring an attorney to try to reduce support.Contact you Friend of the Court first.

Child support and visitation are independent rights and obligations. If a parent is not receiving child support, the remedy for that parent is to go to court (or activate a wage withholding order) to collect child support. The parent who is supposed to receive child support may not deny visitation or contact with the child because support was not paid.

Similarly, if visitation or contact with the child is blocked by the custodial parent, the legal remedy for the noncustodial parent is go to court to obtain an order enforcing visitation. The noncustodial parent may not cut off or reduce child support because the custodial parent interfered with visitation.

I think our existing child support order is unfair. How can I change it?

You and your child's other parent may agree to modify the child support terms, but even an agreed-upon modification for child support must be approved by a judge to be legally enforceable.

If you and your ex can't agree on a change, you must request the court to hold a hearing in which each of you can argue the pros and cons of the proposed modification. As a general rule, the court will not modify an existing order unless the parent proposing the modification can show changed circumstances. This rule encourages stability of arrangements and helps prevent the court from becoming overburdened with frequent and repetitive modification requests.
Depending on the circumstances, a modification may be temporary or permanent.

Examples of the types of changes that frequently support temporary modification orders are:

a child's medical emergency

the payer's temporary inability to pay (for instance, because of illness or an additional financial burden such as a medical emergency or job loss), or

temporary economic or medical hardship on the part of the recipient parent.

A permanent modification may be awarded under one of the following circumstances:

either parent receives additional income from remarriage

changes in the child support laws

job change of either parent

cost of living increase

disability of either parent, or

needs of the child.

A permanent modification of a child support order will remain in effect until support is no longer required or the order is modified at a later time -- again, because of changed circumstances.

What is a Cost of Living Adjustment (COLA) Clause?

A COLA clause in a child support order means that payments are to increase annually at a rate equal to the annual cost of living increase, as determined by an economic indicator (such as the Consumer Price Index). Some judges include COLAs in their orders when setting child support. This eliminates the need for any modification requests based solely on cost of living increases.

By Attorney Terry Ray Bankert 810 235-1970

http://attorneybankert.com/


Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.
http://terrybankert.blogspot.com/


Articles on Divorce and Lawyers in Flint, Genesee County Michigan USA
http://terrybankert.blogspot.com/2006/09/divorce-attorneys-and-law-in-flint.html

Do you need help now? Call 810 235-1970 !