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.

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Quoting johnsti

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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.

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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.

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?

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why would they charge me more than what I can pay?

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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.

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But I can try to modify it? I file a motion?

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That's how it works.

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And then we may end up in court?

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Yes. You have to go to court to have the judge approve any reduction.

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Is that what could possibly happen?

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Yes.

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?

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Quoting Mr. Knowitall

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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?

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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.

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Quoting johnsti

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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.

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

Good for you, Dad :)

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

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.

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Quoting johnsti

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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.

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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.

Thank you. I just got word from Friend of the Court that my ex now wants me to pay 100% medical and dental coverage on our daughter too. Is this normal? She is on medicaid but I would pick up the co pays and remainder if she needed it and hand her the cash. That was a mistake I guess. The 100% concerns me because my ex is a very vengeful type. Do I have a say in this at all? For instance, if she takes her to the hospital repeatedly, without needing to,calls ambulances because she does not have wheels (and yes she would do that) do I still get stuck with the entire bill? My ex is a very spiteful person. She has always been trying to make others lives miserable around her when she is miserable inside. That's just how she is. I was never good enough.

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Quoting johnsti

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Thank you. I just got word from Friend of the Court that my ex now wants me to pay 100% medical and dental coverage on our daughter too. Is this normal? She is on medicaid but I would pick up the co pays and remainder if she needed it and hand her the cash. That was a mistake I guess. The 100% concerns me because my ex is a very vengeful type. Do I have a say in this at all? For instance, if she takes her to the hospital repeatedly, without needing to,calls ambulances because she does not have wheels (and yes she would do that) do I still get stuck with the entire bill? My ex is a very spiteful person. She has always been trying to make others lives miserable around her when she is miserable inside. That's just how she is. I was never good enough.

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No, that is not normal. It would be normal for you to provide health insurance if your job offers it (and that would be factored into the child support calculation) but it is NOT normal for you to pay 100% of out of pocket costs. Normally those would be split based on your incomes or imputed incomes.

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Quoting johnsti

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Thank you. I just got word from Friend of the Court that my ex now wants me to pay 100% medical and dental coverage on our daughter too. Is this normal? She is on medicaid but I would pick up the co pays and remainder if she needed it and hand her the cash. That was a mistake I guess. The 100% concerns me because my ex is a very vengeful type. Do I have a say in this at all? For instance, if she takes her to the hospital repeatedly, without needing to,calls ambulances because she does not have wheels (and yes she would do that) do I still get stuck with the entire bill? My ex is a very spiteful person. She has always been trying to make others lives miserable around her when she is miserable inside. That's just how she is. I was never good enough.

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She cannot make you pay anything. The court would decide in the order who pays what. In my decree, it states that unreimbursed medical is 50/50. So anything my insurance does not cover, he is supposed to pay half. Right now, I finally got all co-pays covered so he owes me for past co-pays. (Not that I will ever see it).

Will they send an ambulance for someone just because they do not have a car if it is not a medical emergency?

You should have a say in court. Also never pay cash directly to the other person. If it is medical, pay to the hospital or whatever. Child support - pay to child support enforcement agency.

Thank you for the answer. Do you have any advice how I should present this to the court? I am going solo and do not have money right now for an attorney. She has a legal aid. I just want to be sure I know what I am doing and saying the right thing.

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Quoting qwaspolk69

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She cannot make you pay anything. The court would decide in the order who pays what. In my decree, it states that unreimbursed medical is 50/50. So anything my insurance does not cover, he is supposed to pay half. Right now, I finally got all co-pays covered so he owes me for past co-pays. (Not that I will ever see it).

Will they send an ambulance for someone just because they do not have a car if it is not a medical emergency?

You should have a say in court. Also never pay cash directly to the other person. If it is medical, pay to the hospital or whatever. Child support - pay to child support enforcement agency.

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If the parent actually told emergency services that the reason for the call was for transport, then no. But for a parent who is frantic and perhaps dramatizing the symptoms the child is displaying, of course they will.

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Quoting Dogmatique

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If the parent actually told emergency services that the reason for the call was for transport, then no. But for a parent who is frantic and perhaps dramatizing the symptoms the child is displaying, of course they will.

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I suppose I can see that happening.

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Quoting johnsti

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Thank you for the answer. Do you have any advice how I should present this to the court? I am going solo and do not have money right now for an attorney. She has a legal aid. I just want to be sure I know what I am doing and saying the right thing.

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I went to court with a lawyer. So I am not sure how you do this without one.