Changing Your Michigan Child Support or Parenting Agreement

 Posted on April 23, 2018 in Divorce

For a divorcing couple with minor children, the process of developing financial support and co-parenting agreements that meet the needs of the whole family can be both complicated and exhausting. 

Once it is done, you hope the original agreement will work until the children reach majority, but then fate intervenes. Parents may relocate, change jobs, have their working hours modified, have a significant change in income, or be stricken by a serious illness. Children may change schools, have ever-changing extracurricular activity schedules, or develop new medical issues. These are just a few of the many reasons that may necessitate a revision of your existing child-care agreement.

How Child Care Agreements are Documented in a Divorce

When a couple divorces, the court signs two key documents which define how the couple’s children will be cared for.

The details of financial support for the children will be found on a state-standard form called the Uniform Child Support Order (UCSO), which covers basic needs (food, shelter, clothing), health insurance and other medical expenses, and daycare or after-school care.

The details of child custody and parenting time are included in your Judgement of Divorce (JOD) document, along with your property settlement. The JOD may also contain agreements regarding private school costs for minor children, college education costs, or other expenses beyond the basics covered in the UCSO. 

How to Change Financial Child Support in Michigan

If either parent receives public assistance, the Friend of the Court automatically reviews the child support order amount every 36 months. 

For parents not on public assistance, the Friend of the Court will review a child support order on request, once every 36 months.

If a parent wants a review of his or her child support order sooner than 36 months, then he or she must file a court motion requesting a change to the child support order. 

As part of such any review, both parents will be required to provide recent pay stubs, tax returns, and any other relevant documentation.

Modifying Parenting Time in Michigan

Juggling the schedules of two adults and one or more children can feel like you are trying to jump on and off a carnival ride while it is moving. Trips and falls will inevitably happen with your parenting time schedule.

If parents jointly agree to change the parenting time order set forth in their JOD, and want the change to be legally enforceable, they can check with their local Friend of the Court office and/or their attorneys for assistance. Once the parents have created a written agreement, that document must be co-signed and notarized, and then a formal consent order must be filed with the court. With the court’s approval, the new agreement will be an enforceable order that both parents must follow.

If the parents cannot agree (for instance, if one parent wants to relocate and the other parent objects), a parent may have his or her attorney file a court motion to change the parenting time order.

Trusted Family Law Attorneys in Southeast Michigan

If your family is having issues with your court-approved child support and/or parenting time agreement, it may be time to review and modify the plan. Working with an experienced Farmington Hills family law attorney will make sure your best interests are protected. An attorney may also be helpful if your ex has proven difficult to negotiate with in the past. Call Elkouri Heath, PLC at 248-344-9700 to schedule a free, no-obligation consultation with a knowledgeable divorce lawyer at our Novi, Michigan office. 

Sources:

https://docs.google.com/document/d/146oTxCzwmjouZSogJncnMWqB9EpxF7YWqIRdYmpIeqQ/edit#

https://www.oakgov.com/courts/foc/Documents/forms1/ptguidelines.pdf