MICHIGAN CHILD SUPPORT FAQ #3: Will Child Support Automatically Change with My Income?

FAQ: Will Child Support Automatically Change with My Income?

No. When your income changes, your child support will not automatically change.  You must file a motion to modify child support to change your child support amount.  However, every thirty-six months, you can ask Friend of the Court to review the child support amount to determine whether or not child support should be modified. MCL 552.517.

Generally, changes in child support cannot be “back dated.” Child support is not subject to retroactive modification (except in very limited circumstances) but is permissible during a period in which there is a pending motion/petition for modification, but only from the date the notice of the motion/petition was given to the other party. (MCL 552.603(2).

Each party must keep Friend of the Court informed of his or her current source of income.  MCL 552.603(7) and 552.605a.

If an individual who is required by the court to report his or her income to the court or the office of the Friend of the Court knowingly and intentionally fails to report, refuses to report, or knowingly misrepresents that income, after notice and an opportunity for a hearing, the court may retroactively correct the amount of support.  (MCL 552.603b)

If your income has changed, it is a good idea to discuss this change with a family law attorney as soon as possible so you can decide whether or not you want to file a motion to modify child support, especially since any change in child support in your favor will not by applied retroactively, unless both parties agree to apply the change retroactively.

PLEASE NOTE: This blog is not intended to constitute legal, financial or tax advice.  We do not recommend making important decisions of the type addressed in this article without specific legal or tax advice in advance.  We at Banfield Couling Law and Mediation are here to help navigate your legal matter at any stage of your divorce. For any tax issues you face, we recommend consulting a licensed accountant. If you are seeking legal advice, the attorneys at Banfield Couling Law and Mediation are here to assist you.