Powered by Avvo.com

HOW CAN I FIGURE IF I AM GETTING THE CORRECT AMOUNT OF child support?: HI I was wondering how to calculate child support. My ex has a business and claims he makes from his 30,000.00 40,000.00 a year also has a claims to subcontract work for another company that he does not wish to give information on. How ever I receive only $371.00-$378.00 a month for my two children. My son is 12 and my daughter is 2. I currently make between 650.00 and 800.00 a month payroll before child support and I receive $289.00 a month in food stamps and receive Medicaid from the state. Could you please point me in the right direction as far as calculating support?

Asked over 3 years ago in Child Support

Peter’s answer: I agree with my colleagues. You should contact the Friend of the Court and see what information they utilized when calculating the child support amount. If they did not include your ex's additional income, I suggest hiring an attorney to subpoena the appropriate information so a correct calculation can be made.

Answered over 3 years ago.

My income is lower, will my child support payment go down: My child support payments I make are based on $35,000 . For the last Three yrs I have made about $30,000 per yr. My review is up in Agust2014. Will My suport go down. I live in Traverse City Mi

Asked over 3 years ago in Child Support

Peter’s answer: Once a child support order is in place, you can still ask a judge (by filing a motion to modify) to change it. If it has been less than 36 months since the current order was issued, a judge may modify it only upon finding a substantial change in a parent’s circumstances. Some examples of this are when a parent becomes sick or injured and can’t work, or if a parent is called to active military duty which impacts income. Also, a judge can change a current order to include health care coverage.

Otherwise, the Friend of the Court will review your child support order every 36 months to ensure payments meet the child’s needs. Under some circumstances, like where custody has changed, the Friend could initiate a review sooner. Still, this state agency does not have the authority to modify a child support order. Only a court can do that. For this reason, the Friend of the Court must file a motion with the court, just as a parent would have to do, to modify the amount of child support.

You can read more about the review process modifying child support orders here and within the Michigan Child Support Formula Manual Supplement, under section 3.01.

Answered over 3 years ago.

I meet all requirements on the MI court rule 3.212 and want to transfer my domestic relations case. What forms do I need to file: I need to know what forms for current county and future county. Also, do I have to pay the $150 fee to the future county before this is approved with current county in court?

Asked over 3 years ago in Family

Peter’s answer: Michigan Court Rule, 3.212 sets forth the requirements that must be met for a post- judgment transfer of a domestic relations case to take place between counties within the State of Michigan. A motion must be filed in the court that currently has the case. A motion to transfer cannot be granted unless all of the following conditions are met:

(1) the transfer is requested on the basis of residence and convenience of the parties, or other good cause consistent with the best interest of the child;
(2) neither party has resided in the county of current jurisdiction for at least 6 months prior to filing the motion;
(3) at least one party has resided in the county to which the transfer is requested for at least 6 months;
(4) and the county to which the transfer is requested is not contiguous to the county of current jurisdiction.

Filing fees include the $20 motion fee as well as the fee for filing the case in the transferee county – $150.00

There is no such thing as “transferring” a case from one State to another. The term case “transfer” refers solely to intrastate (between counties); moving cases between States involves the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), the Uniform Interstate Family Support Act (UIFSA) or the process of domesticating a foreign order.

Regardless of whether you are looking to transfer within Michigan or out of state, I suggest you consult with an attorney.

Answered over 3 years ago.