Do I file motion to address general financial issues or motion to modify child support? Female dealing w/ Wayne county courts

Asked over 1 year ago - Detroit, MI

I pay child support for 3 kids twins ( 12) and my 19 yr old who graduated from high school this year. I was injured on my job and haven't received pay from workers comp. since May 10th. I have no money right now and behind on everything my cell phone has been cut off, credit cards behind, bank account empty, borrowed too much money from friends and family etc. when I do eventually get a check from returning to work or from comp. I need the payments lowered to catch up on everything . Also, I know on June 30th the payments for my 19 yr old will stop. One more thing my parenting time was given 0 nights for me which isn't true. I had an lawyer but cannot contact her for 6 months and don't ave money for another so I'm doing it on my own. I don't know what to do please help! Thank you !

Attorney answers (2)

  1. Laurel Stuart-Fink


    Contributor Level 16

    Answered . There is only one way to get your child support lowered and that is to file a motion. Since child support cannot be modified retroactively, the longer you wait to file your motion, the larger your arrearage is going to be and you are going to have to pay every penny of it. If you file a motion and your support is reduced, it will be retroactive to the date your motion is filed on the custodial parent. You should act right away!

    This comment is designed for general information only, and should not be construed to be formal legal advice nor... more
  2. Brenda J. Richard

    Contributor Level 12

    Answered . File a motion to modify child support. I agree with Ms. Stuart-Fink. File now. Don't wait until the workers compensation situation is resolved. Generally, the court will not look at your other financial responsibilities -- only your income and number of overnights.
    Brenda Richard

    My response to the questions asked does not create an attorney/client relationship between myself and the questioner.

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