I am 25 yrs old and paying $375 a month for child support on one child. I currently live in Colorado, My ex and daughter live in Florida and we are all originally from Michigan where the child support case was opened. I do not know much about child support so when I started a new job after having paid child support for over a year I was unaware that I needed to inform the Friend of the Court in Michigan that I had a new job and unknowingly was not paying my child support for almost a year and 7 months before finding out. I now pay so much due to arrearages and it is causing me to be borderline homeless because they are taking over half my income in child support and taxes. At this point I can barely afford to live in my "Low income housing" apartment making $12 an hour. I have contacted Michigan Friend of the Court and they told me that there is nothing they can do because they no longer have jurisdiction since they moved to Florida but the Child Support office in Florida said they had an open case, tried to contact her and could not so they closed the case and no longer have jurisdiction either. My income has drastically decreased since the order was placed and I now make 1/2 that
1st - how could you not know you were not paying your child support ? Did you bother to review your paycheck to see if it was being deducted? Ok, off the soap box now. Since you are the one who wants the modification you will need to bring that action in FL. You can try and open a case with the Colorado Department of Child Support for this purpose OR you may be able to make the request of the Child Support Office that is in fact enforcing the obligation to do the needed paperwork to get FL to act. You could also try a direct application to FL's Child Support agency and request that they register the Michigan order for the purpose of MODIFICATION - HOWEVER, one note of caution, once you move the case to FL then FL will apply IT'S GUIDELINE to what your obligation will be and that guideline could be substantially greater than the guideline your currently paying under. For now, you may be better served by contacting the Michigan agency to see if you can get your payment plan on your arrears reduced so that you are under less of an economic hardship
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Whoever is garnishing your checks is the state who is currently enforcing child support. Your paycheck should show you the name of what agency is garnishing your wages, or your employer should have a copy of a wage garnishment order. You should then speak with an attorney in that state to help you modify the child support to reflect your new income.
The answer given is not legal advice and does not imply that an attorney-client relationship has been established. Your best course of action is to have legal representation in this matter
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