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Can You Modify Child Support After a Job Loss

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  • 08-08-2016, 11:24 AM
    johnsti
    Can You Modify Child Support After a Job Loss
    My question involves a child custody case from the State of: Michigan
    My daughter's mother filed a modification for support 2 months ago. I received the amount I am to pay last week. I am to pay $600 a month at this time. Now, I'm stressing because I just got word I am being laid off from my job as there is not enough work. I had got the job because a friend of mine worked there and I worked minimum wage paid jobs before while trying to finish my college degree (which I recently quit to take this job). Can I now refile to modify support back to minimum wage until I find a better job? I am without work at the moment.
  • 08-08-2016, 11:48 AM
    Dogmatique
    Re: Can You Modify Support After a Job Loss
    Quote:

    Quoting johnsti
    View Post
    My question involves a child custody case from the State of: Michigan
    My daughter's mother filed a modification for support 2 months ago. I received the amount I am to pay last week. I am to pay $600 a month at this time. Now, I'm stressing because I just got word I am being laid off from my job as there is not enough work. I had got the job because a friend of mine worked there and I worked minimum wage paid jobs before while trying to finish my college degree (which I recently quit to take this job). Can I now refile to modify support back to minimum wage until I find a better job? I am without work at the moment.

    You can try, but your being laid off so soon after receiving the order may raise a few eyebrows and there's a decent chance you will be imputed the same income anyway.
  • 08-08-2016, 12:21 PM
    johnsti
    Re: Can You Modify Support After a Job Loss
    they hired me thinking they needed full time staff and didnt. It wasnt that I done anything wrong. I am just worried of getting all this back pay. I guess I will try and do what I can. I dont disagree paying child support, but it goes off income so if my income is lowered, why would they charge me more than what I can pay? I'd literally have to move in with my parents if I am to pay that kind of money if I'm making low wages again. But I can try to modify it? I file a motion? And then we may end up in court? Is that what could possibly happen?
  • 08-08-2016, 12:37 PM
    adjusterjack
    Re: Can You Modify Support After a Job Loss
    Quote:

    why would they charge me more than what I can pay?
    They might not. What they look for is whether you intentionally are working below your earnings capacity. If you can show that you aren't, you should be OK.

    Quote:

    But I can try to modify it? I file a motion?
    That's how it works.

    Quote:

    And then we may end up in court?
    Yes. You have to go to court to have the judge approve any reduction.

    Quote:

    Is that what could possibly happen?
    Yes.
  • 08-08-2016, 12:39 PM
    Mr. Knowitall
    Re: Can You Modify Support After a Job Loss
    If you choose not to petition for modification, you will be expected to pay the amount ordered and will not be entitled to retroactive modification. So you need to decide -- are you going to live with the $600 per month and pay that amount, or are you going to bring a motion if and when you are laid off for relief pending your obtaining a new job?
  • 08-11-2016, 08:29 AM
    johnsti
    Re: Can You Modify Support After a Job Loss
    Quote:

    Quoting Mr. Knowitall
    View Post
    If you choose not to petition for modification, you will be expected to pay the amount ordered and will not be entitled to retroactive modification. So you need to decide -- are you going to live with the $600 per month and pay that amount, or are you going to bring a motion if and when you are laid off for relief pending your obtaining a new job?

    I filed for a modification. I contacted Manpower and a bunch of other job employers and so far, Im not experienced enough to get those kind of earnings again and am only qualified for wages at $10 an hour. That's better than minimum and I did take one of the temporary jobs in the meantime if I dont find something better. I feel bad but at the same time, I need a roof over my head and I'd be better off for my daughter if I can afford food, a roof over our heads and not living with my parents again.
  • 08-11-2016, 09:30 AM
    Dogmatique
    Re: Can You Modify Support After a Job Loss
    Quote:

    Quoting johnsti
    View Post
    I filed for a modification. I contacted Manpower and a bunch of other job employers and so far, Im not experienced enough to get those kind of earnings again and am only qualified for wages at $10 an hour. That's better than minimum and I did take one of the temporary jobs in the meantime if I dont find something better. I feel bad but at the same time, I need a roof over my head and I'd be better off for my daughter if I can afford food, a roof over our heads and not living with my parents again.

    You took a job in the meantime? That's a responsible parent - well done!

    Good for you, Dad :)
  • 08-11-2016, 10:14 AM
    geek
    Re: Can You Modify Support After a Job Loss
    Seconded on the well done. Also, ask about free or low cost workforce training programs that you may be eligible for, to improve your job skills and make you more marketable.

    https://www.cmich.edu/fas/fsr/studen...tment_Act.aspx
  • 08-12-2016, 11:28 AM
    johnsti
    Re: Can You Modify Support After a Job Loss
    Thank you!

    Thanks for the advice and the comment. I appreciate that very much. I'm going to take your advice. I want to better myself for my daughter.
  • 08-12-2016, 04:26 PM
    llworking
    Re: Can You Modify Support After a Job Loss
    Quote:

    Quoting johnsti
    View Post
    Thank you!

    Thanks for the advice and the comment. I appreciate that very much. I'm going to take your advice. I want to better myself for my daughter.

    Good for you...but, at the same time, don't feel so horribly bad if you have to move in with your parents for a short time. Its not an uncommon situation these days.
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