Child Support Modifications and Michigan Family Law

On June 3, 2008, the Michigan Court of Appeal released the published opinion in Malone vs. Malone, COA# 272327, The case deals with the issue of non-retroactivity of child support. In the case, Dad, in 2006, filed a motion to modify/terminate support and to change custody – notwithstanding that, in fact, the child had lived with him since sometime in mid 2004. Dad continued to pay support (though, apparently not fully since the opinion mentions he has an arrearage) despite the child living with him, but never got around until 3/06 to filing his motion. Dad sought retroactive modification under mcl 552.603(2) and, if not that, relief from Judgment pursuant to MCR 2.612. The Circuit Court allowed the retroactive modification/100% abatement. The COA reversed and remanded.

It is very important to file a motion to change child support as soon as the event happens and not to wait. If you lose your job or your wages go down, file your motion with the court immediately. The court will only go back retroactively to the date you file your motion. It is also very important to serve the other side and file a proof of service showing that you served the other side.

The Detroit divorce attorneys at Allan W. Ben P.C. have handled hundreds of divorces in the Mero Detroit, Michigan area, and we can put our 40 years of experience to work for you. To contact our Detroit family law office, please call 1-866-540-0677.