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 the parties. Subject to court approval, parties may agree to a change in the support order if the custodial parent is not receiving state assistance of any kind (TANF grant, Medicaid, food stamps, child care, etc.). (Parties CANNOT deviate from the Formula if state assistance of any kind is being received). Forms are available at the Friend of the Court office. An agreement must include support amount deletions, number of parenting time overnights, insurance responsibility, ordinary health care obligation and uninsured medical expense percentages. Arrears must also be addressed; whether to preserve or eliminate arrears owing to the payee and payment if arrears are preserved. All arrears owed to the state are preserved and the amount of payment obligation must be reflected in the order. An effective date of the change in support is also required.
     
  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 $60.00 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. Request for review. A request for a child support review in a case may be requested once every three years. Once a written request for a support review is received by the Friend of the Court it 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.
     
  4. Consult with an attorney. An attorney may file a motion in the Circuit Court-Family Division on behalf of his/her client.