QUESTION
Can I file a motion in court to stop my child support payments?
Asked on Mar 06th, 2013 on Divorce - Michigan
More details to this question:
I am on family and medical leave act for the birth of my child. Can I file a motion in court to stop my child support payments?
6 ANSWERS
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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Yes, you can file a motion to modify an existing child support order. However, the court will be seeking to protect your first child by enforcing some support provisions, even if you have had a subsequent child.
Answered on Mar 11th, 2013 at 9:21 PM
Yes. Child support is always modifiable when circumstances change.
Answered on Mar 07th, 2013 at 12:25 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can, but it will probably not be granted. You have an obligation to support your child, regardless of other things happening in our life. It isnt your childs fault that you choose to take FMLA leave and not work.
Answered on Mar 07th, 2013 at 12:24 PM
John Arthur Smitten
Yes, motion to abate.
Answered on Mar 07th, 2013 at 12:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Perhaps you could file seeking temporary relief during the time that you were off on leave, having it treated much like unemployment.
Answered on Mar 07th, 2013 at 12:23 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You can file to modify them based on your lower earnings. If your wife is having the baby and you have elected to take family leave the court may bot reduce it as its an election not a disability. Then when you go back to work support will go up again.
Answered on Mar 07th, 2013 at 12:23 PM