MICHIGAN DIVORCE TOP TIPS #3 - Modify Support Orders ASAP After Income Changes

If your income has dropped, time is of the essence when it comes to modifying your support orders.  Here are three helpful tips to decide whether to take action now:  

(1) Enter a Consent Order.  If you and the other parent agree that child support should be changed, it is possible to prepare a Consent Order and submit that order to the court for entry.  (Even though courts are not open for most "in person" business, in many courts a Consent Order can be processed even during the current COVID-19 shut down.)

(2) File a Motion to Modify Support.  If you and the other parent cannot agree, be aware that it generally benefits the party seeking to reduce support to file a Motion to Modify Support as soon as possible after their income decreases.  The court has the power to make the modified support order retroactive to the date the motion was served on the other party. MCL 552.603(2).    It can be costly to put off filing a motion.  Delaying action means you will be obligated to pay the full amount of support during the intervening period of time.

(3) Mediate ASAP.  Whether or not a hearing before a judge (or referee) is an option in the short term, mediation on the issue of setting a support amount is always an option.  An experienced mediator can help guide the parties to a final order, so that it can be filed as a Consent Order when they reach an agreement.  This saves both parties the time and expense of litigating the motion to change support in Court.  At Banfield Couling Law & Mediation, PLLC, we are able to conduct mediations remotely by telephone, Zoom, etc.  

Know Your "Change in Income" Threshold.  Make sure the change you are seeking is at least $50 per month or 10% of the existing child support order amount (whichever is greater).  This is a minimum threshold under the Michigan Child Support Guidelines Manual.  See MCSF 4.04(a).

Spousal Support (Alimony).  Some orders for spousal support cannot be modified at all or may be modified only in certain circumstances. First, review your current alimony order to find out whether your spousal support is modifiable or nonmodifiable. Then, see whether your former spouse is open to discussing a possible modification.  If the existing spousal support order can be changed, then the processes identified above generally apply to spousal support as well as child support.