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Modification of a Support Order

PLEASE NOTE THAT WHEN A CHANGE TO AN ORDER IS NEEDED YOU MUST TAKE ONE OF THE STEPS EXPLAINED BELOW. NOTIFYING THE FRIEND OF THE COURT THAT YOU HAVE LOST YOUR JOB, HAVE BEEN LAID OFF OR HAVE BEEN INJURED DOES NOT AUTOMATICALLY STOP OR REDUCE CHILD SUPPORT

There are four ways to change a current child support order:

  1. Agreement between parties. If no state benefits of any kind are being received (including but not limited to a TANF grant, Medicaid, food stamps, childcare assistance, etc.), parties may agree to a change in the support order. The order must be filled out completely by the parties and both signatures must be witnessed by a Notary Public, if the form requires. Under this arrangement child support amounts are not calculated by the Friend of the Court staff. The Michigan Child Support Formula MUST be followed if any state benefits of any kind are being received.
     
  2. Filing of a motion. A motion can be filed at any time as long as there has been a change in circumstances. There is a filing fee of sixty dollars which is payable by cash, check, or money order to the St. Clair County Clerk’s office. Once the motion is filed the matter will be set before a referee in the Friend of the Court office. An increase or decrease in child support may occur as the result of a motion hearing, and any changes in child support will be retroactive to the date the motion was filed.
     
  3. Written request for review. A written request for a child support review may be requested once per case three years from the date of the last modification order. Once the Friend of the Court receives a written request the Friend of the Court will collect the income information for both parties and calculate support based on the most recent version of the Michigan Child Support Formula. There is no fee for this request and any change in child support will be effective the date that the judge signs the order.
     
  4. Consult with an attorney. An attorney may file a motion in the Circuit Court-Family Division on behalf of his/her client.

St. Clair County, Michigan

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