what would be the cost to hire an attorney to modify existing child support order

by Bertha Daugherty MD 8 min read

Full Answer

How do I modify child support in Michigan?

First, a parent may ask the local FOC office to review the order. After the review, if the FOC concludes the support amount should change, the FOC will ask the court to modify the support order. Second, a parent may file a motion asking the court to change the support order immediately.

Is there a statute of limitations on back child support in Michigan?

Michigan's Statute of Limitations on Back Child Support Payments (Arrears) The Michigan statute of limitations on enforcement of child support is 10 years after last obligation due.

Can you stop child support if both parents agree in Michigan?

Children have a legal right to financial support from both parents. A parent can't avoid paying child support by agreeing not to have parenting time (visitation) or by agreeing to have their parental rights terminated.

Can you waive child support in Michigan?

In Michigan, parties may “opt out” of the Friend of the Court if they want to make direct child support payments. However, it is an all or nothing decision. By “opting out,” the parties are waiving their right to utilize any FOC services for any purpose.

How much do you have to owe in child support to go to jail in Michigan?

Felony Non-Support of Payment of Child Support According to the statute that covers this area of law, anyone who is found in child support arrears of $5,000 or more can face up to four years in prison or a fine of $2,000, or both.

How far behind in child support before a warrant is issued Michigan?

If a parent is behind more than two months in payments, he or she is automatically reported to a consumer credit reporting agency.

What is the max child support in Michigan?

Medical Child Support in Michigan Reasonable is defined as not to exceed six percent of the parent's gross monthly income.

What is the most money child support can take?

Is there a limit to the amount of money that can be taken from my paycheck for child support?50 percent of disposable income if an obligated parent has a second family.60 percent if there is no second family.

Does getting married affect child support in Michigan?

Generally, child support payments will not change if you marry in Michigan. The Courts generally do not include the new spouse's income. Michigan's child support guidelines do not consider a new spouse's income when a child support obligation is calculated.

What percent does child support Take Michigan?

The court orders a flat percentage of 25% of the non-custodial parent's income to be paid in child support to the custodial parent.

Does the father have to be on the birth certificate to get child support?

A mother can get child support from a father regardless of the birth certificate. There is a process to establish his paternity, and once he is established as the father, child support can be ordered.

How do I get my child support arrears dismissed in Michigan?

You can fill out a form asking the Friend of the Court (FOC) to discharge support debt you owe to the State of Michigan only. You can also file a motion asking the court for a payment plan for your arrears and to have some of your arrears discharged. You can do this if you owe the debt to a person, the state, or both.

Is child support retroactive in Michigan?

A child support obligation is only retroactive to the date that the complaint for support was filed unless any of the following circumstances exist: (a) The defendant was avoiding service of process.

What happens to child support arrears when custodial parent dies in Michigan?

Keep in mind that, while current support obligation might terminate, the deceased parent is still responsible for the payment of any child support arrears that have accumulated and became due and payable on the date of death.

Is child support a felony in Michigan?

(1) If the court orders an individual to pay support for the individual's former or current spouse, or for a child of the individual, and the individual does not pay the support in the amount or at the time stated in the order, the individual is guilty of a felony punishable by imprisonment for not more than 4 years or ...

What happens when you don't pay child support?

Parents are required to pay maintenance until a child is self-supporting. The court determines how much a child needs. If maintenance isn't paid, the court can take the money from the maintenance payer's salary, their investment account, auction their property or issue a warrant of arrest.