A Guide for Parents around Ingham County, Clinton County, Lansing, and Eaton County Facing Financial Changes
Losing a job is already stressful and scary. You are rushing to apply to new companies and waiting for interviews without knowing how you will provide for yourself in the meantime. Unemployment can be even more complicated when you are a Michigan parent paying child support. Child support payments are based in part on income, so this begs the question: Can child support be changed if the parent loses their job?
The short answer is yes, but only if you take the proper legal steps. An experienced Michigan family law attorney can guide you through this process to ensure that all steps are taken correctly to protect your rights and eliminate some of the stress. So, under the right circumstances, you can ask the family court to change your child support when you’ve experienced a job loss.
Michigan Law on Child Support Modification
Michigan law allows child support orders to be reviewed and modified when there has been a “substantial change in circumstances.” Substantial changes can affect either party’s financial status. Situations such as job loss, receiving public assistance, or getting a raise could qualify as a substantial change. Often, the starting point for thinking about changing child support is the Michigan Child Support Formula. It’s a complex document, full of mathematical algorithms, rules, exceptions to the rules, variations of the rules, and case law interpreting the rules. But an attorney who has worked with the Friend of the Court offices, and the formula, is best equipped to navigate this difficult journey with you through the Lansing area family courts.
It is vitally important that you contact an attorney and start the modification process as soon as the change occurs. Since child support orders cannot be modified retroactively under Michigan law, you should have your attorney file the request to change child support right away. Unpaid child support becomes a judgment as it comes due, and “is not… subject to retroactive modification” except back to the date notice of a petition for modification was given. This means you may still be held responsible for child support that became due between the change in circumstances (i.e., job loss) and the date your family law attorney filed your request to change child support in the court.
Child Support Modification Process in Mid-Michigan
If you live in Eaton, Ingham, Clinton, or surrounding counties, the process generally involves:
- Filing a Motion or Requesting a Review
Your child support attorney may file a motion with the circuit court in the county that issued the child support order, or, if the case has already been transferred to a different county, the request to change child support will be filed in the new county. Usually, the Friend of the Court (FOC) is the first step in that process. - Providing Documentation
You will need to give your child support attorney any documentation showing your current financial status, such as termination letters, unemployment benefit statements, or other financial records. Those documents will be used by the Friend of the Court staff to make a recommendation about whether child support should be changed, and if so, the amount of the recommended change. The courts don’t care about your other bills or expenses, so leave your bills out of this process. - Court Hearing
If the parent receiving support contests the motion or the amount the Friend of the Court has recommended, the court will hold a hearing to determine whether the change in income justifies a new support amount. In Ingham County, Eaton County and Clinton County, that first hearing happens in front of the the Friend of the Court Referee. Having a top family law attorney represent you at this hearing can be crucial.
Practical Advice for Parents After Job Loss
- Consult with a skilled family law attorney quickly: The sooner you hire an attorney, the sooner your child support amount may be lowered.
- Keep Paying What You Can: Even partial payments show a good faith effort.
- Track All Income: Whether it’s unemployment benefits, part-time work, or odd jobs, give all records of income from all sources to your attorney.
Why You Should Hire an Experienced Attorney
While Michigan law provides a process to change child support after a job loss, navigating the system without a very skilled attorney can cost you. An attorney that has practice in family law around Lansing for decades can ensure your petition is filed quickly and adequately, presented correctly, and supported with strong evidence of your new financial circumstances.
Common issues associated with not having legal representation include:
- Delays: Waiting too long to file can result in a high amount of arrears, which you will still owe. These amounts cannot be reduced retroactively.
- Imputed Income: Courts can “impute” income if you are voluntarily unemployed or underemployed, meaning they could calculate support as if you were still earning your old wages. An attorney can help you prove that your change in income was not voluntary and protect you financially.
- Paperwork Errors: Improperly completed motions or missing documentation can result in your request being denied.
Contact Our Office Today!
For parents in Mid-Michigan counties like Ingham, Jackson, Eaton, and Clinton, the key is to act quickly and hire an experienced child support attorney. At The Kronzek Firm, we know changes to your income while you are subject to a child support order require swift and careful legal action. We understand how challenging navigating a job loss is by itself. We are here to help ease some of the burden when it comes to child support. Having a skilled attorney who understands the legal pathways Michigan law provides for parents facing real and unavoidable financial setbacks can be beneficial to your case.
If you’ve recently lost your job, don’t wait; contact us today to discuss options to reduce your chld support.
📞 Our highly respected attorneys have fought for thousands of Michigan clients for more than 30 years. You can reach our Lansing office 24/7 by calling (517) 886-1000 or by email at contactus@kronzek.law. Our team is available 24/7 for emergency consultation.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]