Legal Question in Family Law in Michigan

non custodial child support

My fiance's exwife is threatining to petition the court to raise his child support payment again. He tried to get legal help before, but no one would represent him because they said ''as long as it is in Michigan's support guidelines there was not anything he could do to fight it''. His exwife makes WAY more money than him and is doing very well financially. On the other hand, My fiance works seven days a week just to fall farther and farther into debt. Is there really nothing he can do?


Asked on 11/01/03, 11:33 pm

2 Answers from Attorneys

Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: non custodial child support

While it is true that the guidelines normally control the amount of the support order, Judges have been known to either increase or lower the amount of child support depending upon the circumstances of the parties involved. Normally, once support has been established it is only changed when there has been a change of circumstances. For instance, if a non-custodial parent has been ordered to pay a certain amount in year 1 based upon income for that year as well as the income or lack of income attributable to the custodial parent, the support order would remain in effect for year 2 and beyong providing there has been no change in income or circumstances. Some courts view a custodial parent who constantly files for an increase in support when there hasn't been a change of circumstances or in the incomes involved as merely being harrassing. Any non-custodial parent or custodial parent should meet with an attorney and review their circumstances to see if a change in support is warranted. The non-custodial parent can also petition the court to have the support lowered if the facts/circumstances support such. Good luck.

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Answered on 11/02/03, 5:52 pm
William Stern William Stern, P.C.

Re: non custodial child support

It is rare for a court to deviate from the guidelines. The guidelines do not change that much when the custodial parent makes money compared to when they do not make money. Do you have other kids from an earlier marriage or relationship? If your fiance adopts your kids, his support to the other kids would be lowered. Bill Stern

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Answered on 11/02/03, 11:18 am


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