One of the most common questions involving child and divorce in Michigan is how often can child support be modified in Michigan? The answer is anytime there is a significant change of circumstance.
How often can child support be modified?
The statutory basis to modify child support in Michigan is set forth in Michigan Compiled Laws Section 552.17 which provides:
(1) After entry of a judgment concerning annulment, divorce, or separate maintenance and on the petition of either parent, the court may revise and alter a judgment concerning the care, custody, maintenance, and support of some or all of the children, as the circumstances of the parents and the benefit of the children require.
The Michigan child support Statute provides the authority to modify child support “. . . as the circumstances of the parents and the benefit of the children require.”
So the Answer to the question how often can child support be modified in Michigan? is when the “. . . circumstances of the parents and the benefit of the children require.” MCL 552.17(1).
A review of Michigan child support cases provides examples of a sufficient change of circumstances to support modification of child support.
- In the case of Good v. Armstrong, 218 Mich App. 1, 7 (1996), a personal injury settlement in the amount of $40,000.00 was a sufficient change of circumstances to modify child support.
- In the case of Aussie v. Aussie, 182 Mich. App. 454, 462 (1990). The increased costs associated with child rearing a child with a brain injury was a sufficiently changed circumstance to warrant an upward modification of a child support obligation.
- In the case of Edwards v. Edwards, 192 Mich. App. 559 (1992). The increased cost of school and extra-curricular activities were a sufficient change of circumstance to modify child support. The court emphasizing the needs of the children and the disparity of the parties’ incomes.
You can request a change in child support anytime there is a sufficient change of circumstance since the entry of the last Michigan child support order which may include a change of income, change of parenting time, increased child care costs etc.
Simply put, there is no limit as to how often child support can be modified in Michigan, provided there is a significant change of circumstance since the entry of the last child support order.
By: Daniel Findling
I have been exclusively practicing divorce and family law in Michigan for over two decades. The Oakland County Divorce attorneys at Findling Law practice statewide. We share the core value of practicing law to help people navigate change in their lives, without compromising principles. We specialize in high socio-economic, high-profile and high-conflict cases, while also working with clients of all backgrounds. We recognize that the most important aspect of the practice of law is the application of the law to your specific circumstances.That is why we provide more free information on divorce and family law than any other Michigan law firm. We want to help you manage your situation. Allow our exceptional legal team to help you navigate the change in your life, without compromising principles.
By: Daniel Findling