QUESTION
judge won't modify my child support told me get another job.
Asked on Oct 21st, 2012 on Family Law - Michigan
More details to this question:
I owned my own business, sold it to start another one. New business went bankrupt, and I loss everything. didnt have support modified and 4yrs. went by. Now iam in arrears a huge amount. When I went to get it modified referee agreed, but my ex appeal and when I went in front of judge case lasted bout 10 mins. she told me get another job. Easier said then done. Now I got a letter saying I can have decision reviewed again by referee. Thinking I should take a lawyer with me this time.
1 ANSWER
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Child support may be modified if there has been a change in income that results in more than a 10% change in the amount. Additionally, either party may ask for a recalculation every 3 years for no reason. The modification is retroactive only to the date of filing the motion. While child support is normally based upon the amount of income each party has, the court can impute income to one of the parties if the court believes there was a voluntary reduction of income.
Normally, once the judge makes a decision, you can either appeal the decision to the Court of Appeals or live with the decision. Appeals to the Court of Appeals is both expensive and a long shot. It sound like the judge has allowed another review by the Friend of the Court, which gives you another chance. I strongly recommend that you retain an attorney to represent you.
Answered on Oct 21st, 2012 at 9:56 PM