August 17, 2021

Options if a Child Support Modification Request Is Denied

In Michigan, many people experience a change in circumstances that they believe renders their child support order obsolete. They will then ask for it to be changed. This can be from the viewpoint of the custodial parent who is receiving support or the parent who is paying support. Regardless, it is important to understand that not every case yields the desired result. In some instances, the order remains the same as it was before despite the modification request. Even if that happens, there is recourse for the parent who asked for the change. From the outset, knowing how to pursue the modification is key.

Requesting a modification and disagreeing with the decision

In Michigan, parents can ask for a child support modification in two ways. First, they can ask the Friend of the Court (FOC) to make the change. The FOC oversees certain family law issues. A parent can also file a motion asking the court to make an immediate change to a support order. When asking the FOC for a change, there is no guarantee that it will agree. Many factors are part of a child custody order and the key component is serving the child’s best interests. The current national situation has directly impacted the financial outlook of many people, but that does not mean that a person who lost his or her job will gain relief from paying child support.

In cases where the parent truly believes that the child support modification is warranted and the FOC has decided that it should remain the same, the parent can contact the FOC office and request that a court hearing be scheduled to decide whether to grant a change or not. In circumstances where the FOC orders there to be an increase or a decrease in child support and a parent disagrees, there can be a hearing before a judge. The parent can tell the judge why there should be a different support order. The order may be changed despite the FOC’s decision.

Having help may be critical with a child custody modification

There are many reasons why a parent might want the child support order modified and it is important to understand the process. Just because there was a denial at a certain point or the parent is unsure if there is a justification to make the change does not mean that the order will automatically remain the same. The situation will dictate the decision and it is possible to have a modification. No matter the perspective, it is useful to have assistance to have a good chance of achieving a favorable result.