The Only Constant is Change
A child support order is a snapshot of your life at a specific moment in time. But what happens three years later? Maybe you lost your job at the Ford plant. Maybe your ex-spouse got a massive promotion. Maybe your teenager now needs expensive tutoring or braces.
Clients often ask us: "Can I lower my payments?" or "Can I get more support?"
The answer is generally yes, but it is not automatic. The court will not revisit child support just because you ask. You must prove a Proper Cause or Change of Circumstances.
What Qualifies as a Change?
In Michigan, the change must be significant and typically outside of your control. Common grounds for modification include:
- Income Shifts: A significant raise or a job loss for either parent. Note: If you quit your job voluntarily to avoid paying support, the court will "impute" your income, meaning they will calculate support as if you were still working.
- custody Changes: If the child starts spending significantly more overnights with you than the original order stated, support should be adjusted to reflect that reality.
- New Expenses: Changes in health insurance premiums, childcare costs (daycare), or special needs expenses.
The Danger of "Handshake Deals"
This is the biggest mistake separated parents make. You lose your job, so you call your ex. They agree, "Okay, just pay me half for a few months until you get back on your feet." You shake hands on it.
Do not do this.
Under Michigan law, child support is a judgment that vests immediately. If you pay less than the court-ordered amount, even with your ex's permission, the Friend of the Court computers simply view it as "arrears" (debt). That debt accumulates interest and cannot be retroactively forgiven by a judge later. Your ex might be nice today, but if you get into an argument next year, they can demand every cent of that unpaid support.
The only way to protect yourself is to file a formal Motion Regarding Support to have the judge sign off on the new amount. Until the judge signs it, the old amount is the law.
The 3-Year Review
Even if nothing dramatic has happened, you have a right in Michigan to request a support review by the Friend of the Court every 36 months (3 years). They will run the numbers through the Michigan Child Support Formula based on current incomes.
Be careful, though: A review can make support go up or down. Before you request a review, it is wise to consult with Shiraz Law Firm. We can run a preliminary calculation to see if requesting a review will help you or hurt you.
