How to Modify Child Support in Michigan: What Kalamazoo County Fathers Need to Know About Income Changes, FOC Reviews, and Motions

Three Ways to Ask for a Child Support Change in Michigan

When a father's income changes—whether going up or down—the child support order may no longer be fair. Michigan law provides fathers with three main paths to ask for a modification of their child support obligation. Each option has different requirements, costs, and timelines. Understanding the differences can save fathers months of time and unnecessary legal fees.

The Friend of the Court Automatic Review

Michigan law requires the Friend of the Court to automatically review child support orders under specific circumstances. This is the fastest route for many fathers because they do not need to file a motion or pay court fees.

When the FOC reviews automatically:

If a child receives public assistance, the Friend of the Court must review the child support order at least once every 36 months unless both parties request a review is not needed. When the FOC receives a written request from either party, they must determine within 14 days whether the order is due for review.

The FOC will also review if there are reasonable grounds to believe the support amount should change. These grounds include:

• Temporary or permanent changes in physical custody that the court has not ordered
• Increased or decreased needs of the child
• Access to dependent health care coverage at reasonable cost
• Changes in health care coverage costs
• Changed financial conditions of either parent, including unemployment or worker's compensation
• Orders based on incorrect facts

The FOC review timeline:

After determining a review is required, the Friend of the Court has 180 days to obtain a modification if appropriate. The office must use the Michigan Child Support Formula to calculate the award and will petition the court if modification is necessary.

Within 21 to 120 days after sending the review notice, the Friend of the Court calculates the support amount and sends a notice to both parties. The notice includes the calculated amount, proposed effective date, and information about how to file an objection. If no objection is filed within 21 days of the notice, the Friend of the Court submits an order to the court.

This process has advantages: fathers do not need to make or file a motion, schedule a hearing, serve court papers, or pay motion fees. However, the change will not be effective until the FOC completes its review process, which can take several months.

Agreement Between Both Parties

If both parents agree to change the support amount, they can ask the court to approve their agreement and make it a court order. This process can be faster than other options.

When agreement works:

The agreement process works best when the support amount is calculated using the Michigan Child Support Formula. If both parties agree to a different amount, they will probably need to file a motion to change support instead.

How to create a proposed order:

Either parent or the Friend of the Court can make a proposed order using the Uniform Child Support Order form. If the agreement follows the Michigan Child Support Formula, the Friend of the Court may be able to make the proposed order in some counties.

To do this, fathers should use the MiChildSupport Calculator to calculate support according to the Formula. Then they get a blank Uniform Child Support Order form. They copy the calculator results into the proposed order. Both parties must sign the order before filing.

In counties where the Friend of the Court reviews proposed orders, they will check if the agreement follows the Formula. After the Friend of the Court approves, both parties sign, then file the finished order with the court and wait for the judge's decision.

When agreement does not work:

If parents agree to an amount higher or lower than the Formula amount, the Friend of the Court may help make a proposed order. But in most cases, fathers will need to file a motion to change support instead.

Filing a Motion to Change Support

Fathers can file a motion to change support if they are asking for a support order that follows the Michigan Child Support Formula or an amount different from the Formula.

Advantages of filing a motion:

• The process can be shorter than a Friend of the Court support review
• If the court grants the motion, the change extends back to the date the other party was served with the motion
• Fathers control the timeline rather than waiting for FOC scheduling

Disadvantages of filing a motion:

• Fathers must complete many steps on their own unless they have a lawyer
• There is a motion fee, though fathers may be able to have fees waived
• It may be hard to convince the court to order an amount different from the Formula

What fathers must prove:

To modify child support under a motion, Michigan law requires proof of a substantial change in circumstances. This includes changes in the physical custody of a child that the judge did not order, increased or decreased needs of the child, or changes in financial conditions that affect the support calculation.

Special Circumstances: Incarceration

If the support payer goes to jail or prison for 180 days or more, they do not need to file a motion to stop support. The Friend of the Court can stop support after finding out the payer is incarcerated. The incarcerated parent may need to contact the Friend of the Court to tell them they are in jail or prison.

The Michigan Child Support Formula

All three modification options—FOC review, agreement, and motion—generally follow the Michigan Child Support Formula. This formula calculates support based on both parents' incomes, the number of children, and overnight parenting time.

Fathers can use the MiChildSupport Calculator for free to calculate support according to the Formula. The calculator is available through Michigan Legal Help and provides the formula-based amount that the court would use.

Minimum Threshold for Modification

Under Michigan law, if the difference between the existing support and the projected support is less than the minimum threshold for modification established by the Formula, the Friend of the Court will not petition the court to change the order. This threshold prevents trivial adjustments from requiring court intervention.

Court Fee Waivers

Fathers who cannot afford motion fees or other court costs can apply for fee waivers. Michigan law provides fee waiver requests for fathers who meet income thresholds. The application process is explained in the guide on court fee waivers, which fathers should review if they need financial assistance.

Health Care Coverage Changes

Health care coverage becoming newly available to either parent is a substantial change in circumstances that can justify modifying child support. When health care coverage is accessible to the child and available at reasonable cost, the Friend of the Court may recommend that one or both parents obtain or maintain coverage for the child.

The Friend of the Court uses guidelines to recommend which parent provides the health care coverage. They will not require both parents to provide coverage unless both already provide it or both agree to provide it. However, the court can exercise discretion to order health care coverage based on the child's needs or the parent's resources.