Change support payment

RevolutionaryLaw8854 · 2023-12-08T14:47:12+00:00

Child support? If so - can file on your own. It’s just income based for the most part. If spousal support - you’ll definitely need a lawyer

pk2at · 2023-12-08T16:52:40+00:00

What is the enforcement mechanism for spousal support in MI? i.e. what will happen if you don't pay

RDKing78 · 2023-12-15T07:31:37+00:00

You can file under a change of circumstance. Paperwork is pretty easy as long as you have everything documented. I’m the wife on this joint account, message if you’d like more info. Disclaimer, I am not an attorney.

techrmd3 · 2023-12-08T16:47:30+00:00

live with your payments unless your ex is exceedingly generous and nice and would AGREE to an adjustment... this CANNOT be done

Any Judge will look at a father saying I could pay X in past but X-Y now as probably lying (seriously they get so many of these they will usually reject out of reflex)

Without agreement by opposing party and the reduction STILL being within guidelines ... there is no hope you are stuck until kids age out.

A lawyer will always say "it's possible" but it never happens. Have him name 3 clients that he helped reduce child support... most likely he can't get you one reference

ANOTHER thing... you will spend at least 10k to get this started HOW MUCH of a reduction in child support would you need to make up for 10k?

numbers usually never add up.

14meatloaf · 2023-12-08T21:36:13+00:00

I was in court a few days ago for a motion to modify alimony in NV.

Judge granted a settlement hearing since my income dropped 40% due to a layoff.

What I learned was the court doesn’t really care at all about future income. They focused on the discovery content and tax returns from previous years. Basically told me I didn’t have any evidence to show I couldn’t pay even though I provided pay stubs from the last few months.

I settled for a lump sum buyout which reduced my overall alimony owed by about 10% and knocked 5 years off my alimony sentence.

So my advice to anyone seeking to modify is to wait until you have an income tax return showing the drop. It will take an extra year or so depending on the timing, but that is the key.

Hope it works out for you

Sea-Satisfaction4656 · 2023-12-08T17:52:55+00:00

Being potentially on the other side of this (in AL), I am curious about how the process works. I’d assume discussing with your ex spouse first and foremost to see what they will agree to is the best step.

jimsmythee · 2023-12-09T03:17:06+00:00

Gotta warn you. Judges very rarely change alimony awards due to “change in circumstances”. They want the payer to be destitute and homeless and still “find a way!!” To pay those alimony payments.

There’s a YT video about a guy who’s disabled and in a wheelchair and on disability. -And the judge still refused to change the permanent alimony!

Solid_Exercise6697 · 2023-12-09T15:26:13+00:00

MI resident here who had a disabled grandfather run into a similar situation. Now I am not a lawyer, but a judge won’t be heartless to a disabled person. My grandfather was paralyzed from the arms down and had to give his pension and government subsidies to his ex wife for years who continued to work and lived way better than him. Eventually he couldn’t afford it anymore as his own medical costs were increasing. His lawyer told him to continue paying just pay less. Document your finances, show where every penny goes and pay what you can. Explain this in writing clearly to your ex so that she is fully aware of the situation.

Now she will have 1 of 2 options. Accept what you give her or take you to court. If she cashes the checks, she’s accepting it and it won’t look good on her part to later take you to court for more. You clearly explained why it was less, with documented proof of income and expenses. If she doesn’t accept it and takes you to court you have good faith on your side. You documented all your finances down to the penny, you made a best effort to continue payments given the financial circumstances but she refused. Now for a normal healthy person capable of working more or more easily finding better paying work this may not be acceptable to a judge. But if you have medically documented failing health which limits your ability to earn financially and the judge has to choose between throwing you on the streets or you ex not buying a new car, I think you have a good chance.

Also I’m surprised that you pay alimony in Michigan as current laws are far less in favor of alimony. It’s pretty rare now and days for a woman to get alimony in Michigan beyond a few years after a divorce. Alimony is now viewed as a way to help a stay at home wife get an education to find a career or time to rebuild a career lost due to being a stay at home wife.

captainchippsixx · 2023-12-10T02:12:37+00:00

Get a lawyer to fill out the documents and prepare you. Then you turn it in and go to court. Or look for pro bona help.

Title	Change support payment
Author	Tipothemitt
Upvotes	3
Comments	22
Date	December 8, 2023 2:22 PM UTC (2 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/18dnvwu/change_support_payment/
Archive Link	https://theredarchive.com/r/Divorce_Men/change-support-payment.1240208 https://theredarchive.com/post/1240208

Comments