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  1. #1
    Join Date
    Jul 2014
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    Default When Can You Appeal a Child Support Order or Seek Modification

    My question involves child support in the State of: MI


    I am new to the forum and I was wondering if you could answer a few questions please?

    I am going to a modification hearing without a lawyer. I am confused if I have a right to appeal if I feel the calculations are too high and if I also get to request a modification later if I have a change in income (is it one for both of us or we each get one every 3 years)?

    Do they look at your pay stub that shows what you are currently making or just your prior tax return? My place of employment has been slow lately so my hours have been cut down about 5-10 hours a week for the last several months so I am making less than before.

    What percentage are the allowed to take of my income in MI?

    Thank you in advance for any information provided.

  2. #2
    Join Date
    Feb 2014
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    RTR/WDE
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    Default Re: When Can You Appeal a Child Support Order or Seek Modification


  3. #3
    Join Date
    Jul 2014
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    6

    Default Re: When Can You Appeal a Child Support Order or Seek Modification

    I looked at the webpage you provided and was not able to find what I am specifically looking for but thank you for your replay and link.

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: When Can You Appeal a Child Support Order or Seek Modification

    The percentage doesn't really matter until you're in arrears.

    Once you are, they can take up to 55% if you have another family to support, and 65% if you don't.

    Since both of you are effectively taking part in a modification, it's one modification per 3 years, regardless of who files what.

    In terms of change of income, you can file to modify whenever there is a change - but some states require that the change is a set percentage (20% for example) before a mod will be considered.

    Now, in terms of your upcoming hearing...well, how significantly has your income dropped? When was the original amount ordered? How long have you been earning less? Can you take on a second job? Who is actually requesting the mod?

  5. #5
    Join Date
    Jul 2014
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    6

    Default Re: When Can You Appeal a Child Support Order or Seek Modification

    Quote Quoting Dogmatique
    View Post
    Now, in terms of your upcoming hearing...well, how significantly has your income dropped? When was the original amount ordered? How long have you been earning less? Can you take on a second job? Who is actually requesting the mod?
    Thank you for your reply.

    Last year I was working a lot and my income was about $10,000 more than it normally is so I get the reason for modification. What happened was I was working in a high volume department for 2013 and up to the end of May. I was working 40 hours plus had the option for overtime. Now I ended up moving to a slower volume department and I work less in this one and I probably will not be getting overtime since it is a slower one. The move to the new department was not voluntary they combined two buildings together and the people that have been working there longer than I have took my spot and I was moved. My income went down about 5 weeks ago and I will be missing about $600-$800 a month.

    The original order was put into place in 2002, the mom was on welfare so the courts would do a modification check every 3 years but she started working about 4 years ago and I do not think that she ever had an income put down. She is now requesting a modification because she heard I was working overtime and she quit her job. I am fine with an increase since I did make more last year but my hourly amount is not different from the initial order just that I was able to work overtime for a while and now it is gone. I am not sure if I can find a second job because my hours fluctuate, it would depend on if someone would work around my first job.

    I am just worried because now that I have a large decrease in income I was not able to get the money together for a lawyer in time. If they put me at a large amount can I appeal and try to get the money for a lawyer to help me at the appeal, or can I wait like 6 months to show that the hours have not gone back up and ask for it to be looked at again? I ran the calculator and the support difference between the previous income and my current one is about $150 a month with the mom put down as no income.

    Thank you again for your help.

  6. #6
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: When Can You Appeal a Child Support Order or Seek Modification

    Request that the mother be imputed 40 hours at minimum wage. (or more if she would generally have a job that pays more)

    Bring in your paycheck stubs for the past couple of months and explain to the court what you told us here; that yes, last year you were offered over time, but you are not getting it now.

    I really don't think you need an attorney for this, but if you can afford one, it will make your life easier.

  7. #7
    Join Date
    Jul 2014
    Posts
    6

    Default Re: When Can You Appeal a Child Support Order or Seek Modification

    Thank you very much for your advice, I will make sure I do that.

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: When Can You Appeal a Child Support Order or Seek Modification

    Yes, absolutely request that Mom's income is imputed!

    In fact, find your state calculator and plug in the numbers with what Christina suggested - 40 hours @ min. wage.

    See what it spits back

  9. #9
    Join Date
    Jul 2014
    Posts
    6

    Default Re: When Can You Appeal a Child Support Order or Seek Modification

    Thank you I will look into the calculator.
    Quote Quoting Dogmatique
    View Post
    Yes, absolutely request that Mom's income is imputed!

    In fact, find your state calculator and plug in the numbers with what Christina suggested - 40 hours @ min. wage.

    See what it spits back

  10. #10
    Join Date
    Jul 2011
    Posts
    244

    Default Re: When Can You Appeal a Child Support Order or Seek Modification

    I'm late on this reply but in case you come back. Most likely your going to a hearing with either FOC or a Ref, either will run the numbers. Both can only make recommendations, only a Judge can make an order. You have the right to object to their recommendations and have a Judge hear it. Appeals do not come in until a Judge actually makes an order. So yes if your not happy with the numbers you can object. County's vary, so you need to check yours for the process and time frame for an objection, it's limited time frame.

    Michigan imputes, so you need to have them impute mom an income. If the income she was making prior is more then minimum wage, you want to ask they impute at that, the very least would be minimum wage. They must impute unless they state on court record why they are not imputing.

    With the auto world in Michigan, overtime is very common. They normally go with your latest check stub, year to date amount. However if mom brings up you make overtime, they might look at your taxes. You can argue that you have lost that position(due to the company restructuring)and overtime is no longer available to you. But they will ask for proof, so get a letter from your employer stating your position offers no overtime. They still might compute it and then you object. The Judge still might count it, but then you can file after this year is over for a modification where you will have your taxes with no overtime.

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