I only have 3 more months of child support remaining and I received a modification of support request today from Oakland County FOC. Can this really happen? Child is very healthy, turning 18 and graduating from high school in 3 mos. I don't understand the point with such little time remaining.
I changed jobs and my income greatly increased since the initial order was in force, can the modified amount be retroactive?
They want last years tax returns and I haven't completed them yet - If I send 2010 that shows more income than I'm currently receiving. How do I make sure they only use my current salary? I don't want to give them more docs than needed/required.
Isn't this a waste of taxpayers money with little time left?If the FOC takes too long with the modification will it delay the discharge scheduled in June?
The good news is that any change will only be retroactive to the date the motion for change of support was filed. Don't confuse the Friend of the Court with tax returns which do not reflect your current income. Send them a copy of your most recent paycheck with year to date totals. Include a cover letter explaining that this represents your current income. Yes, with only 3 months to go this is a waste of time and effort but some people can be very petty.
The short answer to your question is yes. A motion to modify child support can be made by any party at any time and the number of times that such a motion is filed is not limited.
Any modification ordered will only be retroactive to the date the motion was filed.
While this may seem ridiculous, it is actually more common than you think especially in highly contested cases.
If your 2011 tax returns have not been prepared then you obviously cannot provide them. I would definitely send your 2010 tax returns with a letter from you or your accountant indicating that your 2011 return has yet to be prepared.
Unfortunately, yes, it can be modified. However, the effective date will only be back to the date of the filing the request for review. Your going to have to supply them with the requested documents. It is obviously in your interest to get your 2011 income information to them.
Yes, its probably a waste of time and money, but that's what the government does. Also, keep in mind that this is almost being done at the request of your ex.
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