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UNEMPLOYMENT IN MICHIGAN HAS REACHED 10.6 PERCENT. IF YOU HAVE A CHILD SUPPORT ORDER AND BECOME UNEMPLOYED, HERE ARE SOME THINGS YOU SHOULD KNOW:
I lost my job; do I still have to pay my support?
It is important to understand two things: 1) a support order remains in effect until it is changed (modified) by the Court, and 2) by law, a support order cannot be retroactively modified.
What does this mean to you? When you have a change in circumstances, such as the loss of your job, you should ask the court to change your support order as soon as possible. The court can only order a modification of your support obligation effective the date that you have filed and served your motion (request) on the other party. If you wait to file your motion, you will be responsible for all support that is charged in the meantime; that can cost you a lot of money.
How do I get my support order changed?
You must ask the court to change (modify) your order. This is done by filing a motion (request) for modification. You can file a motion by contacting an attorney. You also have the right in Michigan to represent yourself, and to file your motion on your own (pro per). If you wish to file a motion without an attorney, you can obtain pro per forms and instructions from the Friend of the Court either by calling and requesting the forms, stopping by the office and picking them up, or accessing the appropriate forms through the Calhoun County web site www.calhouncountymi.gov.
How can I find out how much my support should be?
Support in the State of Michigan must be ordered pursuant to the Michigan Child Support Formula, unless the Court determines that support under the Formula would be unjust or inappropriate. The Formula takes into account the incomes of each of the parties, the number of children that the parties have in common, the number of parenting time overnights each party has with the children during a typical year, as well as other factors such as other support orders. The Formula is intended to assure equity in support orders throughout the State of Michigan, and to assure that the financial needs of children are met. Neither the State nor the Court wants a payer to pay more support than is required under the Formula. The Court and the Friend of the Court use a computer program through the Michigan Child Support Enforcement System (MiCSES) to calculate the appropriate amount of support. Private attorneys use other computer programs such as Margin Soft or Prognosticator. The results are normally similar/identical. You can access the Formula through the State Court Administrator web site:
After I file my motion, what happens?
Your motion will be heard by the Court (normally the Family Division Referee that is assigned to your case). There will be a motion hearing at which the Court will determine if there is cause to modify support, i.e. a change in circumstances. If both parties are present and the Court has enough information at the motion hearing, the Court can order a modification of support at that time. If there is not enough information, the Court may set an evidentiary hearing at which the parties will be required to present their income and other information. If the Court cannot determine the appropriate amount of support at the evidentiary hearing, it may order the Friend of the Court to conduct a support investigation. If such an investigation or support review is ordered, it is essential that both parties provide all information that is necessary to the Friend of the Court. The Court will either set another hearing after the Friend of the Court investigation, or the Court may order that the modification be noticed for entry under the Friend of the Court Act.
How does entry under the Friend of the Court Act work?
Under the law (Friend of the Court Act) a modification of support can be calculated by the Friend of the Court and then sent to the parties as a proposed order. There is a notice sent with the proposed order, advising the parties that they can object to the proposed order by filing an objection with the Circuit Court Clerk within 21 days of the proposed order being mailed to them. If no objection is filed, the order is sent to the assigned Judge for signature, and is then entered by the Court as a modification order.
Does it cost money to file a motion to modify my support?
Yes, under the law there are two fees that must be paid when your motion is filed. One is a $20.00 motion fee, and the other is a $60.00 judgment fee for support orders. If you cannot afford to pay the fees that are required, you can ask the Court to waive fees due to being indigent. The forms and instructions to ask the court to waive fees are available through the Circuit Court Clerk. You should evaluate the cost of keeping your support obligation as it was ordered before your change in circumstances versus to what your support will likely be changed when modified. In most cases, the fees involved pale in comparison to the result from having the support order modified.
Can I get help finding another job?
Yes. The Friend of the Court can provide a referral to the local Michigan Works! Agency (Work First) to assist support payers in finding employment. The Work First Agency is funded through the State of Michigan and can assist you with your job resume, applications, interviews, training, and transportation. Contact the Friend of the Court for a referral.
If I qualify for unemployment, will support be taken out of my unemployment compensation?
Yes, it should be done automatically. There is a direct link between MESC Unemployment Agency and the Michigan Child Support Enforcement System to keep support payments coming for the benefit of the minor children. If you find that your support was NOT taken from your Unemployment Compensation check, you are responsible for making your payment on your own. You should send your payment to:
MiSDU
P.O. Box 30351
Lansing, MI 48909-7851
You can also make on-line payments at: https://www.misdu.com/secure/
Again, it is very important to ask the Court to modify your support order as soon as possible, as the amount that will be withheld from unemployment will be based upon the current court order.
Can I get my support modified without filing a motion and paying the fees?
Yes. You can request a Friend of the Court support review if 1) it has been 36 months since your support order has been established or modified, OR 2) if you can demonstrate that a significant change in circumstances has occurred (loss of your job is a change in circumstances). If you request a support review, the Friend of the Court will obtain as much information as possible from you and the other party, as well as any sources of income that you each may have. After all required information is received; the Support Investigator will calculate the appropriate amount of support and make a recommendation with a proposed support order. The recommendation and order will be sent to the parties with a notice of their right to object within 21 days (see the section above regarding order entry under the Friend of the Court Act). If no objection is filed, the order will be sent to the Judge for entry. The effective date of the modification will be the date the order is signed by the Judge.
Why should I pay for a motion when the Friend of the Court can review and modify my support at no charge?
Understand that when the Friend of the Court does a support review, it can take 90 days or more for a recommendation to be made. This is due to the requirement to obtain sufficient information to make the recommendation, as well as the number of reviews that the Office is required to complete. When the Friend of the Court does a support review, the order is not effective until it is signed by the Judge. When you have filed your own motion, the modification can be effective the date you filed your motion and proof of service with the Court. You should read all of the instructions in the Pro Per packet for modification of support, and then make the decision whether it is best in your circumstance to file a motion or request a support review. The cost of filing the motion can be quickly offset by a reduction in the monthly amount of support that is ordered.
I’m not sure I understand. Can you give me an example?
For example: You are ordered to pay $500 per month in support. Your circumstances change and your support under the Formula would be reduced to $350 per month. That is a difference of $150. You decide to request a support review from the Friend of the Court instead of filing a motion. The support review takes about 3 months to complete. Along with the objection period, the order is not issued and is not effective for 4 months. The child support for which you are responsible during that period of time is $2000. If, in the alternative, you had filed your own motion, your support obligation of $350 per month could be effective four months earlier (the date of your motion/proof of service). Therefore, your support during that period would be $1400, a difference of $600, at a cost of $80.00, which is to your benefit.
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Last Updated 3-9-05
Send your comments, questions and suggestions to Phil Harter at 161
E Michigan Avenue, Battle Creek, Michigan 49015
or e mail to: pharter@calhouncountymi.gov