Child support and spousal support orders are based on the income of each party at the time of the agreement. Over time the income, needs and circumstances of either party may change. In these instances, either party may wish to modify the original support order. If you wish to request a modification, turn to the experienced team of attorneys at Creighton McLean & Shea PLC in Livonia.
Requesting A Child Support Modification
In Michigan, the amount of child support you pay is based on your income, the other parent’s income and the amount of overnights your child spends with each parent. A judge can choose to modify a child support order if you or the other parent experiences a significant change in circumstances. Common reasons for modifications include a change in income, changes to the custody arrangement or an increase in the child’s needs.
If you request a modification, Michigan courts will use a formula to calculate an appropriate child support amount based on both parents’ current incomes. The newly calculated amount must be at least 10 percent different from the current amount or an increase of $50 or more.
Modifying Spousal Support Agreements
Most spousal support agreements outline a duration and set amount for payments, but your circumstances may change within the set timeframe. Much like with child support, you can request a modification if you experience a significant change in income or if a former spouse remarries or cohabitates.
A Reflection Of Your Current Status
A constant in life is change and your support obligations should reflect your current circumstances. Support modifications are not retroactive and only modify future payments, which is why you should take immediate action if your circumstances change.