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IMPORTANT NOTICE
TO PAYERS OF CHILD SUPPORT
What to do if you, as a payer of child
support, should you lose your source of income from employment,
for any reason (fired, laid off, injured on the job, incarceration,
etc), or from Unemployment Compensation Benefits, or insurance
settlements or any other type of reimbursement.
1 Your child support obligation has been
established by Court Order.
2 The obligation can only be changed by
modification (change) of that existing order.
3 There are two ways to accomplish a modification
to a child support Order.
A. The first is pursuant to a written agreement
between the Payer and the Payee (custodial parent), signed
and dated by both parties. Such an agreement should be very
specific as to the monthly (or weekly) amount of child support
agreed to and secondly, the agreement must be specific as
to the effective date of the agreement and the effective date
must be stated in the written agreement.
NOTE: If the children are receiving public
assistance (TANF, Food Stamps, Medicaid) agreements are not
allowed. Child support must be set according the Michigan
Child Support Formula Guidelines.
B. In the absence of an agreement between the parents, the
party seeking a modification of the existing Court Order may
file a child support
petition (Motion), requesting the Court to modify the
child support obligation, due to a “significant change
in circumstances.”
Child support motions can be obtained from
the Oceana County Friend of the Court. There is a $60.00 fee
due at the time the Motion is filed with the 27th Circuit
Court Clerk.
By statute, the effective date of any modification
to an Order as the result of the filing of a petition (Motion)
can be no earlier than the date of the filing of the petition,
unless agreed to by the other party.
If neither of these options are exercised,
the existing Order shall remain as the operative and enforceable
Order and the monthly obligation will continue to accrue per
the existing Order, regardless of whether or not the payer
can afford the ordered amount.
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