Legal Question in Family Law in Michigan
child support and visitation
Hi I just recently moved to Virginia from Michigan. My salary has been decreased by about $5 per hour. I want to see if my child support payments can be reduced due to my reduction in salary. I received paperwork from court in Michigan wanting me to go to a hearing. This is impossible at this time because I'm out of state. Is there anyway I can go about getting support payments reduced without going to court? Also, how do I go about seeing my children since I'm out of state. I do have visitation rights to see them on weekends and alternating holidays.
3 Answers from Attorneys
Re: child support and visitation
You need to hire a lawyer to take care of these arguments and appear in court on your behalf. Also it would look favorable if you offered to pay the travel expenses if you want your children to come to VA to see you. The court is likely going to inquire as to why you took such a huge paycut and moved out of state, so be prepared to answer those questions and provide your attorney with that explanation.
Re: child support and visitation
Recognize that YOU created the situation, so you're not in the best position to ask for a reduction in child support. AND, if a hearing was set up for your claim and you don't show up, it will be denied.
Further, the court wants to know why you moved out of state without getting court permission. Problematic, not insurmountable, but problematic, because most court custody orders specifically state that you can't do it, and maintain the same custody rights.
If you have an old order, do not share primary custody, or the order is silent on the issue, then you're in much better shape.
VA is not that far that you can't drive there for a 3-hour hearing and be back the next day, so "impossible" isn't quite true.
You can ask, but be prepared for the court to find that your decrease in income was entirely voluntary, and thus is is appropriate to "impute" the higher level of income. Which means, no change in support.
Sucks, but they can do it.
Then, you will have to make it easy for your children to see YOU, not the other way around.
Re: child support and visitation
Your attorney should be able to resolve both problems for you.