Legal Question in Family Law in Michigan
child support
Just filled for divorce and it is a mutual decision. My husband spends more than he brings in and he is self-employed (business has net losses since it's inception of eight years). If I agree on what I think he can afford in child support payments or we agree on what we think is fair, can that amount increase based on an increase in his business or an increase in his money intake? How often? Or am I being stupid and he won't ever tell me if things get better financially.
2 Answers from Attorneys
Re: child support
If you later believe an increase is merited, it will require you to file a motion showing a change in circumstances that would merit a change in support payments. A significant increase in income might merit an increase. You should take care to put the proper language in any divorce judgment retaining the right to modify the child support. All things aside, I would go with the amount that the FOC recommends for support. For more info, please contact my office at (248)851-3171.
Re: child support
You can increase support based upon a material change in circumstances. However, you may want to consult with a lawyer experienced in determining the income and value of his business. After 8 years, it is hard to believe that he has been operating at a loss. Does he take in cash? There are ways to prove things. William S. Stern 248-353-9400