Can I stop paying child support after my son’s mother remarries in Grand Rapids Michigan?
A parent cannot stop paying child support if the other parent remarries. If there is a valid reason for a modification and you would like a family law attorney to help you modify a child support order, contact the Law Offices of Gordon & Hess today.
What is child support and who has to pay it.
Child support is the amount of money that one parent must pay to the custodial parent to maintain expenses for children occurring out of a marriage or relationship. Child support can be modified in Grand Rapids Michigan if there is a substantial change of circumstances. A substantial change of circumstance means that something changed that will require more or less child support from one parent to another.
In Grand Rapids Michigan the courts use a formula to determine the amount of child support and to whom it is given. It is based on 1) each parent’s individual income, 2) how many children are being supported, 3) health care costs, 4) child care costs 5) other individual factors, and 6) the amount of nights the supported child spends with them in the course of a year.
Changes in amount of support.
A parent may request a change to a child support order if it has been less 36 months since the last court order review and either parent may file the motion to change but there may be a court fee associated with that paperwork; or if the one of the parents receives public assistance, the Friend of the court will automatically review orders of child support every 36 months.
Obligated until emancipation and beyond.
Michigan State Law believes both parents are obligated to financially support their minor children, unless there is a valid reason that a competent court jurisdiction modifies or terminates that obligation, or the minor child is emancipated. The law, subject to section 5b may continue support after a child reaches 18 years and until the child is 19 ½ if the child:
- Attends high school full-time,
- Has a reasonable expectation of graduating from high school during that period,
- Lives full-time with the parent that gets child support or at an institution.
Support documents for change order.
- Four recent paystubs or employer statement of wages, year-to-date earnings and deductions
- Copy of last federal and state income tax returns with all schedules, W-2s and 1099s.
- Three years of corporate returns if you are self-employed.
- Child care verification form if child-care reimbursement is the expense you need reimbursed.
Possible reasons for successful child support modification.
Income changes.
Additional children.
Changes in children’s needs.
Other legitimate reasons.– A reduction can be requested if the paying party has a legitimate reason and they believe the custodial parent does not need as much money – If the custodial parent inherits a sum of money, receives a large raise at work of if there is a loss of job for the person paying the child support.
Changes in health insurance. – If the custodial parent gets married for example and their new spouse has health insurance benefits that household members can be added to, this could decrease the amount of child support for the paying party with a deduction amount equal to the insurance amount.
Incarceration – Under some circumstances, when a parent with a child support obligation receives jail time, the parent does not have to pay child support payments.
Payment enforcement.
Collection of child support payments can be orchestrated by the Michigan State Disbursement Unit (MiSDU) and Friend of the Court working collectively to receive child support and distribute it to custodial parent when necessary.
Hire an attorney.
Seeking out legal counsel at Gordon & Hess, PLC will benefit you as you navigate your way through the child support modification process. Child support situations are unique to the individual circumstances and Gordon & Hess will make every effort to make sure your child’s future is taken care of financially.
Gordon & Hess, PLC
McKay Tower
146 Monroe Center Street, NW 1225
Grand Rapids, MI 49503
Phone: 616-272-3331
Sources:
https://www.michigan.gov/mdhhs/0,5885,7-339-73971_5528_61204_61830—,00.html
https://www.michigan.gov/documents/mdhhs/Child_Support_Fact_Sheet_505037_7.pdf
