How to Get Child Support Reduced in Michigan?

There are many parents who have to pay child support in Michigan, especially following a Michigan divorce. Child support payments are made by one parent to fulfill their financial responsibilities to the child.

When a child’s parent does not make payments, their child may not receive the basic support needed for them to thrive. When a parent is supposed to make child support payments but is unable to pay the full amount due to a change in circumstances, they should reach out to their local Family Support Division (FSD) to find out about their options.

Federal laws provide that all states must have procedures in place for periodic reviews and adjustments of child support cases that are handled by state agencies. A state child support agency will automatically conduct reviews for families that receive Temporary Assistance for Needy Families (TANF) at least once every three years.

If a case does not involve TANF, the state agency will give notice to the child’s parent or custodian that they have the right to request a review of their child support order at least once every three years.

Both receiving parents and paying parents are permitted to ask for a review of their child support order whenever there has been a substantial change in circumstances. A child support agency can handle a review in multiple ways when working with parents or custodians, such as:

• Reviewing and adjusting the order pursuant to the applicable child support guidelines when the amount of support differs from the amount that would be awarded under the guidelines
• Applying an adjustment for the cost of living according to the formula used for child support calculation
• Employing an automated method, for example, making comparisons with state income tax or wage data to:
  • identify orders that are eligible to be reviewed
  • conduct the review
  • identify orders that are eligible to be adjusted
  • apply an adjustment

If a parent requests a reduction in their payment amount, they have to show there has been a substantial and material change in circumstances, which may include things such as:

• Substantial reduction in income
• Loss of a job
• Major illness or disability
• Incarceration
• Cost of living change
• Changes in the child’s needs

For more information on how a Michigan parent may be able to lower child support payments, it is important to consult with a local attorney in Michigan.

What Factors Can Lower Child Support?

There are numerous factors that may be considered when calculating child support, such as:

• Childcare costs for a custodial parent who is searching for a job or who is employed
• How much it costs to provide the child with healthcare coverage
• If there is a pre-existing court order, the amount of that order
  • For example, spousal support amounts are deducted from the gross income of a non-custodial parent
• If there are any extraordinary expenses related to caring for the child, such as private schooling needs or medical care

It is important for a parent to provide information about what they provide for the child, such as dental or eye insurance, as these can be deducted from the support amount and lower the payments. If a parent has any questions about lowering child support in Michigan, they can contact a local attorney for help.

What Is a “Substantial and Material Change”?

Even though a child support order may be reviewed by a state agency every three years, the parents or guardians involved do not have to wait for evaluation time to ask for a change. A party can ask for a review and adjustment of a child support amount where there has been a substantial and material change in their circumstances or the other party’s circumstances.

Many times, the measure of whether a substantial and material change has occurred is whether the new order amount will vary from the current one by 15% or more. Each state has a formula used for calculating child support amounts, which will typically take into account:

• Both parents’ incomes
• The custodial parent’s childcare expenses
• What, if any, medical insurance the non-custodial parent provides for the child
• If the paying parent has any other child support obligations
• How many children the non-custodial parent has who currently live in their house, whether biological or adopted

When a Michigan court makes any type of decision involving a child, it will follow the child’s best interests standard. This means that what is best for the child will be ordered, even if that does not align with the wishes of the parents.

What Is the Legal Process of Child Support Modification?

Even though the specific procedures for modifying child support can vary by jurisdiction, there are certain general steps that are usually followed. How much child support the non-custodial parent will have to pay will be calculated using the Michigan guidelines.

Michigan provides an online child support calculator. An individual can use this to get a reasonable idea of whether their order can be modified.

When a paying parent believes their child support obligation should be modified, they may request the modification in two ways:

• Requesting a Child Support Enforcement Agency (CSEA) review
• Filing a motion in court

A review request can be submitted to the county CSEA in their area. With this approach, a caseworker will examine the circumstances of both of the parents in order to make a determination of whether or not the order should be modified. The parents are not required to attend these reviews.

If a parent files a motion in court, they have to serve the other parent with this paperwork. They may also need to go to a hearing in order to present evidence that their circumstances have changed.

A court will have a bit more flexibility than a child support agency when considering a parent’s unique situation and making a determination of whether an order should be revised. When a parent has a lawyer handle a motion for child support modification, they will have a much better chance at success.

It is important for the paying parent to continue making their payments until a new order is issued, no matter which method they choose. When a court determines that there has been a substantial and material change of circumstances, it will issue a new child support amount.

When Do I Need to Contact a Lawyer?

When you are a parent who has to make child support payments or a receiving parent who believes a modification is needed, there are options you can choose from. If you pay, you should continue making those payments to show that you are making a good-faith effort to meet your obligation.

A Michigan child support lawyer can help you with any child support related issue you may have. With LegalMatch, you can take advantage of a convenient and no-cost way to find a child support attorney who can help you resolve your child support concern.

Simply submit your child support concern on the website, and you will receive responses from member attorneys who are prescreened and licensed within around 24 hours. These responses will include information about the attorney’s background, fees, and client reviews so you can choose the attorney who best fits your needs.