Do I Need a Lawyer for Child Support Modification?

 Posted on July 31, 2023 in Family Law

There is a good chance what one parent may file for a child support modification at some point while the other is paying. Although a judge may apply child support guidelines, modifications are not simple matters. They can have significant impact on the finances of both parents. Thus, a child support lawyer is recommended for the modification process.

The Numbers Are Not Always How They Appear

Each parent needs to disclose their income, so the judge can calculate the new amount of child support if a modification is warranted. Your income may be challenged, or you may have issues about what the other parent has claimed as their income. There are issues such as how to calculate a parent’s income and claims of voluntary impoverishment. The court may adjust a parent’s income for purposes of calculating child support. 

Child Support Is Not Just the Monthly Payment

The main part of child support is the monthly payment that one parent makes to the other. However, child support also includes other things. For example, one parent may want the other to pay their share when they believe that private school is necessary. In that event, the parent would reopen child support for the judge to consider the disputed matter. The court would weigh all factors in determining whether the parent must pay towards private education and how that payment would be considered in conjunction with child support. 

Child Support Modifications Are Not Always Easy to Obtain

The court would only grant a modification if there has been a significant change in circumstances. In some cases, the court’s decision would be based solely on the spouse’s incomes. There are some instances in which other factors may be considered in the modification process, such as a change in the child’s needs. 

For the paying parent, it could be hard to modify child support in the future if their circumstances change. The court may not lower child support, unless the parent’s finances change dramatically. Thus, the parent needs to get legal help now because they could be living with the result for years to come. 

Contact a Novi Child Support Attorney Today

If you need help with a child support matters, you can reach out to the Oakland County family law attorneys at Elkouri Heath, PLC. You can call us at 248-344-9700 for a free consultation. We understand that lawyers cost money, but you could pay a price if you try to handle your own case. 

Source:

https://www.michigan.gov/mdhhs/adult-child-serv/child-sup/how-do-i/modify-an-order