When Can Child Support Be Modified in Michigan?

When Can Child Support Be Modified in Michigan?

Regardless of your relationship status—whether married, divorced, or anywhere in between—the stark reality is that financial struggles can affect anyone. Recent surveys indicate that nearly 40% of individuals are struggling to pay their regular bills, largely due to rising inflation. If you’re a parent in Michigan struggling to keep up with child support payments, you may be wondering about your options for modifying your current order. At Lucido & Manzella, P.C., we have successfully guided numerous clients through the process of adjusting their child support arrangements. However, it’s crucial to understand that modifications require a valid reason. In this post, we’ll outline the key circumstances under which child support can be adjusted.

Material Change in Circumstances

In Michigan, child support orders are based on the income and expenses of both parents at the time of the order. However, if there has been a significant change in circumstances since the initial order was made, you may be able to modify your child support payments. This could include changes in employment status, income level, or financial needs of either parent.

It’s important to note that these changes must be substantial and ongoing for at least six months before they can be considered by the court. Additionally, it is recommended to gather documentation such as pay stubs, tax returns, and medical bills to support your request for modification.

Emancipation of Child

Child support typically ends when a child reaches the age of 18 or graduates from high school, whichever comes later. However, if there are special circumstances, such as a child with disabilities, child support may continue beyond these milestones. In some cases, a court order may state that child support will automatically end at a certain age or event, such as when the child turns 21 or gets married. If your children have reached this age or event and your support obligation continues, you can request a modification to terminate your payments.

Change in Custody Arrangements

If there has been a significant change in custody arrangements since the initial order was made, it may affect the amount of child support required. For example, if a parent who was originally paying child support now has primary custody of the child, they may be able to request a reduction in their support payments. Conversely, if the custodial parent can demonstrate that the other parent is no longer fulfilling their responsibilities and has been absent or neglectful, they may be able to request an increase in child support.

Hardship

If you are experiencing financial hardship due to circumstances beyond your control, such as job loss or unexpected medical expenses from an accident, you may be able to modify your child support payments. However, it’s important to note that temporary hardships generally do not warrant a permanent modification unless there is evidence of ongoing hardship. In these cases, it may be necessary to provide proof of your financial situation and demonstrate that you have made efforts to find alternative sources of income.

What to Do if None of These Situations Apply to You

If you have reviewed these circumstances and find that none of them apply to your situation, it may be difficult to modify your child support order. However, this does not mean that there are no options available to help alleviate your financial burden. It’s important to consult with a knowledgeable family law attorney who can review your case and provide personalized guidance.

Don’t Let Financial Struggle Continue to Hold You Back

Child support modification is not a simple or automatic process. The court will carefully consider all factors and base their decision on what they believe to be in the best interests of the child. It’s crucial to have strong evidence and compelling arguments when requesting a modification. If you are considering modifying your child support order, consider reaching out to Lucido & Manzella, P.C. to schedule a consultation. Our experienced attorneys will work diligently to help you achieve a fair and favorable outcome.