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Work with experienced attorney to seek modification of child support order

Last time, we looked at how the Michigan Department of Health and Human Services is currently working on several projects to determine how to increase the effectiveness of child support collections efforts. As we noted, child support delinquency is commonly assumed to be due to the fault of the parent obligated to pay support.

For all the talk of “dead beat dads,” though, there are a significant number of parents out there who are obligated to pay child support but who simply cannot due to financial circumstances. In some cases, there may be a disability, a medical or mental health condition, a personal tragedy that destabilizes the parent, a loss of employment or underemployment, or some other circumstance. 

Whenever a parent is unable to pay child support, it is critical to act quickly and consult with an experienced attorney to address the situation before the courts are forced to take remedial punitive measures. Modifying a child support order can be done in a couple ways.

One avenue for pursuing modification, if either parent receives public assistance, is to wait for a review of the child support order, which automatically occurs every 36 months for parents receiving public assistance. Parents who are not receiving public assistance can request automatic review every 36 months. Reviews are performed by the Friend of the Court, which is the office that provides assistance to the Department of Health and Human Services’ Office of Child Support.

A second way to modify a child custody order is to file a motion to change the order. This can be done if less than 36 months has passed since the last child support order review. Seeking modifying of a child support order is typically not a difficult process, but it is important to work with an experienced attorney to ensure everything is done correctly and that the parent obligated to pay child support has assistance working smoothly through the legal process.

In a future post, we’ll look at some of the factors courts consider when determining whether modification is appropriate. 

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Work with experienced attorney to seek modification of child support order | Peter A D'Angelo, Attorney at Law, PLC