Child Support Modification

MODIFICATION OF CHILD SUPPORT, WHEN CAN YOU DO IT?

Your Flint Lawyer may petition and the court may modify child support provisions in judgments at any time until the child reaches 18 years of age and until the age of 191/2 under statutes providing for postmajority support.

Terry Bankert is a Flint Divorce Lawyer who will assist you. He practices exclusively in family law as your child support lawyer, child custody attorney or overall Flint Divorce Lawyer. Call Terry Bankert at 235-1970

(see §5.12). Your Flint child support and divorce lawyer will tell you that the specific statutes provide for modification

"as the circumstances of the parents and the benefit of the children require,"
MCL 552.17(1)(divorce, separate maintenance, annulment)

"upon proper application to the court and due notice to the opposite party," MCL 552.455 (Family Support Act)

"for proper cause shown or because of change of circumstances," MCL 722.27(1)©) (Child Custody Act)

The trial court may modify support while a Flint Divorce Layer is conducting an appeal which is pending, if the motion to modify is based on changed circumstances. Lemmen v Lemmen, 481 Mich 164, 749 NW2d 255 (2008).

Under MCR 7.208(A)(4), a trial court may only amend a judgment after a claim of appeal has been filed or leave to appeal has been granted if an exception is "otherwise provided by law."
Under MCL 552.17(1) and .28, a trial court may modify child or spousal support after the judgment has been entered if there is a change in circumstances.

In Lemmen, the supreme court held that the statutes are exceptions "otherwise provided by law" with regard to child and spousal support, if the trial court finds that there has been a change in circumstances.

Your Flint Divorce Lawyer will state the modification of child support orders is within the discretion of the court. Wyzenkiewicz v Wyzenkiewicz, other 224 Mich 11, 194 NW 482 (1923); Edwards v Edwards, 192 Mich App 559, 481 NW2d 769 (1992). A Flint child support attorney , such as attorney Terry Bankert, will tell you an order may be modified for the welfare of a child at any time during minority.

Stoutenburg v Stoutenburg, other 285 Mich 505, 281 NW 305 (1938); Puzzuoli v Puzzuoli, 3 Mich App 594, 143 NW2d 162 (1966). The Genesee County court must adhere to the requirements of MCL 552.17 when the modification of a child support order deviates from the MCSF. Burba v Burba (After Remand), 461 Mich 637, 610 NW2d 873 (2000). Income disparity, by itself, does not warrant deviation from the formula. Id.

Even if a divorce judgment has no provision for child support, the parent’s general support obligation is sufficient to modify the judgment to provide support necessary for a child’s welfare. Doughty v Doughty, other 292 Mich 319, 290 NW 812 (1940); see also Ballard v Ballard, 40 Mich App 37, 198 NW2d 451 (1972).

A Michigan court may order support where the divorce judgment entered in another state does not provide for child support. Scott v Scott, 182 Mich App 363, 451 NW2d 876 (1990). See §§5.54–5.62 for interstate support requirements.


A divorce judgment may be modified to provide for the support of a child born after the judgment was entered. Weaver v Weaver, 15 Mich App 15, 166 NW2d 4 (1968).