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Can I stop an automatic child support modification request due to only 75 days remaining until discharge?

Bloomfield Hills, MI |

I just received what appears to be an automatic child support modification request from Oakland County FOC. There is only 75 days until the scheduled discharge (child will be 18, graduated and healthy). This was not initiated by the custodial parent.

1. Can I stop the burden of going through the modification due to lack of time remaining?
2. If not, can this delay the scheduled discharge in June if the modification isn't done in time? (prev experience: it took them over 3mos to complete a modification)

I tried calling the FOC but have been unsuccessful getting through to someone. This doesn't seem logical to request with such little time until discharge.

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Attorney answers 1


While it is difficult to stop a modification process, it is possible. I would find out which Referee is assigned to your file. Tell them, or their staff, about the timing issue. They should be able to tell you whether it's worth your time to put something in writing and send it to them. They (FOC) will definitely want something in writing.
It also depends on the mother of the child. Even if you are successful in convincing the Referee that it makes no sense to modify child support when you obligation will terminate in less than 75 days, there would be an attempt to contact her and ask if she objects to the modification procedure being dropped.

In order for the process not to continue after the child is 18 and graduates high school, you need to write to the appropriate person at the FOC at least 30 days before the termination date. I would wait a week and then phone and ask if they got a copy of your letter. If yes, ask the exact procedure they perform to stop assessing support. If they say they don't have your letter, ask if you can fax it to them.

Be tenacious.

Elizabeth A. Silverman

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