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As a divorced father, you may feel as if the court unfairly ruled in the mother’s favor. It is only natural to want to spend more time with your children, but the court decided you had to spend more money instead. Once a divorce is finalized, child custody, parenting time, and child support are all resolved by the judge. However, if you are unhappy with the judge’s ruling, you still have a chance to change it. At Bailey Smith & Bailey, P.C., we have years of experience representing fathers who are seeking to have their child support order modified.
In order to modify child support decisions, you should work with a skilled child support lawyer who can help you file a motion to prove a substantial change in your circumstances. If the current order issues were less than 36 months, the judge will modify the support if you have a decrease in income due to sickness or injury, an increase in child care needs or expenses, or if your child turned 18 and does not attend high school. If the judge decides there has been substantial change, they will modify the child support based on the Michigan Child Support Formula.
The Friend of the Court can also file a motion to modify the child support order since they review your child’s support every 36 months. This is done to ensure the payments are sufficient for supporting your child’s needs. If custody is changed, the Friend of the Court can review it sooner than 36 months. If they feel as if the child support order must be changed, they can file a motion with the court, just as any parent can do.
If you were ordered to make child support payments and are behind on payments, it may not be in your best interest to file for a motion because the judge can still penalize you for the payments owed. Just because you did file for a motion to modify child support, you must be cautious because the court could make you pay even more since they use the formula to determine the amount. Requesting a change in child support can be beneficial or risky, depending on your situation.
To receive expert advice with your situation, contact Bailey Smith & Bailey, P.C. for expert advice and legal assistance from a skilled and experienced child support lawyer. Contact us today to schedule a consultation with an attorney who is ready to fight for your parenting rights.