Everybody wants to find the ideal spouse for the right reason. As you gain wisdom, you stop hoping that the right person will appear. Can you, however, tolerate getting married for the wrong reasons? Should I divorce my ex if I suspect the marriage was for immigration purposes?

The question could be understood to suggest that someone who is an American citizen married someone in order to remain in the country. If you learn that, the question is whether or not you should file for divorce. Divorce and the decision to get a divorce must be determined by the relationship, not by some outside agenda.

Click here to watch the video Should I Divorce My Ex if I Suspect the Marriage Was for Immigration Purposes?

Perhaps your spouse did wed you in order to get you a green card, but now you’re in a committed relationship. You have all of the above in addition to children. The truth is that your spouse did not act benevolently in the past. Even while those reasons in and of themselves are debatable, divorce is not always the best course of action.

Here’s how it looks in reverse. He actually married you for immigration purposes, and after you said “I do,” he separated. He hasn’t been in your life for three years. You probably got married solely for immigration purposes.

How Do You Qualify for Naturalization in the US?

An applicant must meet specific eligibility conditions outlined in the Immigration and Nationality Act (INA) in order to be eligible for naturalization, which typically includes being a lawful permanent resident or LPR for at least five years. Various spouses of U.S. citizens and applicants with military service are excused from one or more of the standard requirements for citizenship under other special naturalization laws.

Application eligibility based on military service during a specified period of hostilities and eligibility based on LPR status for at least three years and at least three years of marriage to a U.S. citizen were the next two most common factors for naturalization in FY 2021 (INA Section 319(a)). (INA, Section 329).

In general, a non-citizen must reside in the country for at least five years before being eligible for citizenship; in contrast, the spouse of an American citizen must do so for at least three years. The average LPR period for all citizens who gained naturalization in FY 2021 was 7.3 years.

When a foreign national enters the United States on the basis of a marriage that is less than two years old at the time of entry, whether through U.S. Citizenship and Immigration Services (USCIS) approval for lawful permanent residence or entry on an immigrant visa issued by a U.S. consulate, they are granted “conditional permanent resident status,” which is similar to regular permanent residence but only valid for two years.

Basically, the goal is to put the marriage to the test. The U.S. government is quite worried about people who join into fictitious marriages in order to provide non-citizens permanent residence, whether in exchange for money, out of friendship, or for some other reason. The U.S. government is aware that such certificates can be forged, despite the fact that every couple is initially asked to provide detailed documentation demonstrating the validity of their marriage. It wants to know if the couple can, in fact, continue the alleged deception for an additional two years.

Within the ninety days prior to the conclusion of the two-year testing period, the conditional resident must submit a petition (USCIS Form I-751) with USCIS.

Marriages invite intense immigration scrutiny because they are one of the simpler routes to obtaining permanent residence.

The second marriage of an immigrant calls for greater vigilance. Government officials look for signs of marriage fraud in the first marriage and divorce as well as evaluate the validity of the present partnership. To put it another way, immigrants who remarry must be ready to demonstrate that both their present marriage and their previous one were founded on a genuine relationship.

How Will Divorce Affect My Spouse’s Immigrant Resident Status?

When one party files a divorce petition with the court, the divorce is said to have officially begun. A divorce typically has one of two outcomes: Either the parties reach a settlement (referred to as a “Marital Settlement Agreement”) regarding the division of assets and debts, the amount of alimony, and child support and visitation; or the case is heard by a judge who issues a ruling declaring the parties to be legally divorced (referred to as a “Divorce Decree”).

A lot of divorce lawyers automatically include these grounds in their divorce petitions, maybe without even considering the implications for the non-immigration citizen’s status. And in the toxic environment of the majority of divorces, many spouses forget the good moments, concentrate on the negative, and persuade themselves that their partner was just interested in the green card.

When a divorce is resolved out of court rather than going through the legal process, this issue frequently arises. There is no mechanism to reverse the U.S. citizen spouse’s claim of post-settlement bad faith once the judge finds that this agreement is appropriate and registers it in the court file, as well as when both parties file for divorce with the state’s official department of records. The only exception would be in cases when the American spouse is willing to do time in prison for perjury.

In general, according to U.S. immigration law, the immigrant must demonstrate the following in order to convert conditional status into permanent residency based on marriage to a citizen or lawful permanent resident of the country:

[ a ]  the union is sincere and was formed in good faith, not as a ruse or fraud to get a green card, and

[ b ]  The immigrant’s conditional residency in the United States was approved at least two years before the marriage ended.

Should You Divorce Your Spouse If You Suspect Your Marriage Was for Immigration Purposes?

Your relationship with your spouse is wonderful. It might turn out that the relationship was only there because of convenience, for immigration reasons, or for some other reason. You simply need to focus on where you are right now rather than on what occurred in the past.

Perhaps he did marry you in order to get a green card, but now you’re in a committed relationship. You have all of the above in addition to children. The truth is that he did not act benevolently in the past. The fact that those factors are problematic in themselves does not necessarily suggest you should get divorced.

It doesn’t matter what the person did in the past. It concerns the current state of the relationship. You have been intimate with the person. You did have a relationship, and it was healthy. Even if something went wrong, you shouldn’t try to make the relationship fade as if it had never been.

Who knows why your spouse entered the marriage all those years ago? It all depends on where you are right now. What is the status of your marriage? If your connection is strong, make every effort to keep it that way.

If you don’t honestly believe in your relationship anymore, then you should end your marriage.

Even while a divorce can undoubtedly raise concerns, USCIS does not consider it as a given that the marriage was a sham.

The immigrant’s status to remain in the country is not always lost if the marriage ends in a final divorce before the I-751 petition is due. However, the immigrant spouse must provide proof the marriage was genuine not a sham when it was entered into and request a “waiver” of the joint filing requirement from USCIS when filing the I-751.

The timing concerns can become complicated if the divorce is already in progress when the I-751 is required and the U.S. citizen refuses to sign a joint petition. There are ways to get around this with USCIS, effectively asking for more time to get a divorce decree, but you’ll want to get legal assistance.

The immigrant might, in the worst instance, lose his or her immigration status and be subject to deportation from the country.

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People don’t normally think of divorce when they marry. Or maybe they do. Not in their first nor in their last one. It does make sense to learn a thing or two of how to go about it successfully if ever they do.

Click here to watch the video on Quick Tips To Have A Successful Divorce

There are a lot of different things good lawyers can tell you about how to have a successful divorce.

If there’s a single thing to remember, do remember this: have a vision of how you want your divorce to turn out.

Your vision of how your divorce should end up has to be front and center in the  beginning of the case. It really impacts everything.

Envision this, you ultimately would want to have a working relationship with your ex regarding the kids. You would want to have a fluid relationship where if you need to take more time, and it’s her day, you’ll get it and vice versa.

Those are seeds you have to plant immediately as the divorce starts. Think about this. You are never gonna be able to pound your ex into the ground, and then after the divorce expect them to work with you on stuff. It’s not gonna work.

You need to already establish if that’s the end game you want. It must be established from the beginning. Develop a working relationship. 

In a sense, you need to develop what will be the post divorce relationship while still in the throes of the divorce. And you know how to do it. There are some issues on which you can both agree. Certain things to disagree on. 

If you do disagree on certain things, you do it in an appropriate and respectful manner. It’s less likely to result in the kind of presentation making it difficult for you to move on. Difficult for you to have a working relationship with your ex.

Your choice of lawyer is very important. When choosing your lawyer, make sure that you and your lawyer share a common vision. You have to agree on how the conclusion of divorce will look like.

For example, your vision is you want to be able to get along with your ex-husband. Your lawyer’s vision is to burn your soon-to-be ex to the ground. It’s not gonna work.

When the divorce is over and your lawyer is done burning, you still have a relationship with your ex until your kids are eighteen. You have to live with your ex, not literally but figuratively. You gotta work with him. You gotta still deal with him.

How are you gonna do that if the situation is completely destroyed by the conduct of your own lawyer? Be careful with the person you choose. Choose someone whose vision of the outcome of the case is the same as yours. 

And how will you know?

It’s a discussion you should have right off the bat. Tell your lawyer the kind of relationship you want with your ex. You want things to look like this. 

Ask your lawyer: Can you bring me to that place?

If the answer is yes? Great!

If the answer is no?

You move on. Get someone who can really help you achieve your goal.

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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.

Can fathers get custody of their children? Is being a father, as against being a mother, an issue in child custody? How can fathers get custody?

Now the court has about a dozen factors that it uses to evaluate whether or not going with mom serves the best interest of the child or going with dad. And the court uses those factors and goes through them one by one. They take these factors apart one by one and apply them to make the determination.

Can fathers get custody? Of course. It happens all the time.

Click here to watch the video on How Can Fathers Get Custody in Michigan

In the old days maybe in the 50s and 60s, there was a bias toward the mom in custody cases. But it is really not the case anymore. And if you’re walking around thinking about not pursuing custody because you’re a dad, that’s not the appropriate way to look at it.

What you should look at is what is in the best interest of the child.

Do I really provide the best opportunity for the child to thrive? If the answer is yes, go for custody.

What Is Legal and Physical Custody?

Legal custody refers to the authority over the child’s decisions. A parent who has legal custody of their child is responsible for making decisions for them on things like school enrollment, medical care, participation in extracurricular activities, and even religious upbringing. Remember that the legal definition of “sole custody” is ambiguous. A parent is said to have sole custody in accordance with the Michigan Custody Guidelines if they are granted both primary physical and primary legal custody.

When parents have joint legal custody, they can work together to make choices that will significantly affect the welfare of the child. Joint custody is not affected by how much time the child spends with each parent. However, the court may decide to give one parent primary legal custody over the other if the decision is contested. This could happen, for example, if both parents are devoted followers of their own religions but follow different denominations.

Physical custody in Michigan relates to where the child resides. A parent could be granted primary custody if the court decides it’s in the child’s best interests. Families and other factors, such as community involvement, may also be taken into consideration. Even though one parent may have primary custody, the other parent may be provided “parenting time.”

Custody may be sole, joint, or split between both parents. Joint custody is the term used to describe parents who divide custody. When parents have joint legal custody, they must work together to decide on important matters affecting the children. If the parents share physical custody, the children visit each parent on occasion.

Legal custody primarily refers to the right to participate in decisions affecting the health and welfare of the child, including decisions on schooling and religious upbringing. Physical custody typically refers to whom the child will live with more frequently. Joint legal custody is typically the norm.

How Is Child Custody Determined?

The majority of parents will get in touch with the Friend of the Court office initially when a court is trying to decide custody. One of the Friend of the Court’s responsibilities is to finish a custody evaluation. 

The law requires the Friend of the Court to conduct an investigation into all relevant facts and make a written report and recommendation to the parents and the court regarding child custody when there is a disagreement regarding child custody or parenting time or both, and domestic relations mediation is requested by the court, ordered, or refused by either parent. The law further stipulates that an investigation shall include a meeting with a party upon the party’s request.

Parents are often very nervous about having their parenting skills evaluated. In many circumstances, parents fear that the examination would cause them to “lose their children,” which may make them feel even more worried.

The evaluator usually poses questions that are identical to one another in an effort to cover every aspect of the Child Custody Act. In an effort to learn more, the assessor may sometimes ask supplementary questions. The Child Custody Act’s criteria are used by the custody assessor to gather data, establish broad conclusions, and offer suggestions to the judge.

Only Friends of the Court and domestic relations referees are permitted to make recommendations to judges for orders. According to the law, the judge’s decision in custody cases must be based on what is best for the child. In order to determine what is in the child’s best interests, courts conducting custody hearings take into account all the facts presented regarding the requirements of the Child Custody Act.

Before the judge may rule on custody, a hearing must be held if the parents cannot agree and want the court to adopt a settlement or consent decree. If a judge independently determines that a stipulation or consent order is in the child’s best interests, they will often accept it. Judges must accept, authorize, and sign a stipulation or consent order based on their own findings before it may be used as a legally binding document.

The judge may see the custody evaluation report written by the Friend of the Court before the hearing. Judges frequently review these documents to gain a better understanding of the family’s situation. During the custody hearing, the judge may hear testimony from witnesses such as teachers, family friends, counselors, etc. The judge may also review further school records, local documents, counseling reports, etc. as evidence.

If parents disagree with a judge’s decisions, they have the right to appeal. A formal appeal is a request to have a judge’s decision overturned by a higher court. The Michigan Court of Appeals hears appeals involving domestic relations. Parents have the option of asking the judge to review a previous custody decision without bringing the case to a higher court.

After establishing that a custodial environment has been formed, judges may only modify custody if there has been a material change in the circumstances and the change is in the child’s best interests.

It is not required for it to be convincing and clear for the judge to alter custody if there was no previously established custodial environment. It is important to realize that just because a child lives with a parent, it does not necessarily mean that a formal custodial arrangement has already been established.

Can Fathers Get Custody?

Generally speaking, both the mother and the father are equally entitled to full custody of the child. In theory, men don’t have it much harder when seeking to get full custody. In American families, the man has traditionally been the “breadwinner.” A family court can be concerned that the father won’t have enough time to handle full custody of the child if the dad has a very demanding work schedule and the child is not yet old enough for school.

However, if both parents are employed full-time, their chances of obtaining complete custody are equally slim. It’s crucial to remember that courts prefer for both parents to split custody rather than awarding custody to the woman.

If it is evident that a father is a sole parent who can provide for the child financially, sole custody of the child is likely to be granted to him. Depending on the circumstances, if the mother of the child has no income or a very low income and the father is requesting full custody, the father may be granted full custody and the mother may only be granted visitation rights.

If the co-parent has a criminal history or a history of neglecting the child, the father will also be more likely to be granted full custody.

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You’re a couple who are professionals or in business. You kept a bank account separate and under each other’s name. Are those bank accounts part of your marital estate? Are separate bank accounts considered marital property?

Click here to watch the video on Are Separate Bank Accounts Considered Marital Property

Married people wonder if their bank accounts they have kept separate are considered marital assets.

Here’s the scenario: you’ve been married for eight years.

Both couples work. He works, and she works. Each keeps their money in separate accounts in their respective names. Each to their own. This is what is meant by the term separate bank account. Separate to each of you. Not a joint account. If you get a divorce, is that money part of the marital estate or is it separate?

The answer is, it’s part of the marital estate.

It doesn’t matter whose name the account is. it matters when it was accumulated. Even if it’s in your own name. If you accumulated it during the marriage, it’s a marital asset when it comes time for divorce.

What Does Marital Asset Mean?

In a nutshell, marital property is the collection of assets that a couple has amassed over the duration of their marriage. This can include a range of possessions like a house, a car, particular joint bank accounts, family antiques, and more. These assets, as opposed to those acquired previous to marriage, can be divided between the partners in a divorce.

Any asset or debt accumulated during the course of the marriage, from the wedding day until the divorce decree is issued. The parties will decide how to divide the marital estate.

The purchase of a home is common during a marriage. In accordance with the house’s status as marital property, it would be divided. Occasionally, divorcing couples decide to sell their home and divide the proceeds. Another option is for one spouse to keep the house while the other receives other assets, including money in joint bank accounts, in order to maintain an equal property division.

The majority of states view funds held in separate bank accounts as marital property, or things obtained during a marriage. Community property rules are in place in about 10 states, which means that both spouses are entitled to any assets — including cash, vehicles, homes, and other possessions — amassed throughout the marriage. But in the rest of the nation, anything gained by a spouse during the marriage remains that spouse’s property because equitable distribution statutes are followed.

Even while equitable distribution rules may appear straightforward, it can become challenging if the divorce is litigated in court. Attorneys should be able to make the case that this property should be treated as “marital property” and that the spouses should divide it equally. 

The only way to prevent this is if the couple signed a prenuptial agreement outlining the ownership of any assets obtained by a spouse during the marriage.

Are Separate Bank Accounts Separate Property?

In the hopes that they will retain ownership of their assets, several people have kept their funds apart from their spouses throughout their marriage. Contrary to popular belief, however, just because someone’s name appears on a bank account does not imply that all the money in it is theirs alone. You are not guaranteed to get all or any of the money in the account, even if your name is on it and your spouse’s money has never touched it.

Separate bank accounts may be regarded as separate property under the following circumstances, but there may be exceptions that can be argued in court:

[ a]  The bank account did not receive any funds during the marriage. Any income received during the marriage that is deposited into this account is regarded as commingled income.

[ b ]  No money from the other spouse’s income was ever deposited, and their name was never added to the account.

[ c ]  No monetary gifts in the names of both spouses were deposited in the account. Any inheritance or gifts must only be in the account holder’s name; otherwise, the funds are deemed to have been commingled.

Having a separate account in your own name is only advantageous if it was already established before the marriage and you don’t intend to add any more money to it or use it to make purchases.

If you have a separate bank account when you get married, it will only be treated as separate property and not marital property if neither you nor your spouse uses it during the marriage. A judge will deem the account to be commingled and will therefore designate the account as community property if you want to put money into the account or utilize the money for something like paying bills.

How Does Commingling Affect Separate Bank Accounts?

To combine funds or properties into a common fund or stock is referred to as commingling. When separate and community property are combined, the major problem of property commingling arises. The separate property will thereafter be divided equally between the divorcing parties as community property.

Commingling can take place in a number of ways. When you add your spouse’s name to a bank account, one typical occurrence takes place.

[ a ]  You opened a $75,000 bank account in the name of your husband, and the two of you use it to deposit checks and pay bills. The initial sum has been mixed with other funds. The $75,000 would presumably be viewed as community property by a family court judge.

[ b ]  Commingling can also happen if your spouse’s name isn’t put in the bank account but you both use it to deposit cheques and pay bills. If your divorce lawyer presented a strong case, the court might view the initial sum as separate property. Your case may be strengthened by thorough records. If the marriage has lasted for a substantial amount of time, this might be valuable.

Keeping it in your own name does accomplish one thing. It doesn’t allow your spouse to invade your account and take your money. That’s very important. There have been a lot of situations where money is in both names. A day before the divorce the spouse comes in and clears out all of the accounts. It happens.

So keeping it in your own name protects you from that. The money in that account is still subject to division in a divorce. 

So money in your spouse’s name or in an account in your name alone is still subject to division. It belongs half to you and half to your spouse. Similarly, when your name in your account specifies you and only you, the proceeds to that account accumulating during the marriage are half to you and half to your spouse.

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This is the situation. There is the judgment, which separates everything. It divides the assets and liabilities and deals with child custody, parenting, support, and other issues. Can I modify my alimony post-judgment?

Yes, it can be modified.

Before you can change it, a number of conditions must be satisfied. As a result, if you file this motion to modify and decide that you do not want to pay the fee. The court might not find such adjustments acceptable. You don’t want to pay alimony, and the court already knows that. When the order was made, the court was aware of this.

You will discover that your condition has significantly changed, and your motion must demonstrate these significant changes. These determinations will be made by the court, which may also recognize that circumstances have altered since the order.

Click here to watch the video on Can I Modify My Alimony Post Judgment in Michigan

Now, the likelihood that the court will amend a judgment is higher if major changes in circumstances occur years after the ruling than if they occur a month after it. The court can presume that the parties should have known about a situation that occurred a month later.

In other words, although your job loss may have been unexpected, it was probably anticipated when the terms were agreed upon.

The likelihood that conditions might change increases the further away from the divorce ruling you are. Life might interfere. The court could decide to adjust the alimony in that case.

What Is Alimony?

If you’re thinking about getting a divorce or your spouse has already filed, you probably want to know how to reduce your financial stress. If one spouse can show a financial need and the other spouse has the means to pay, Michigan allows that spouse to obtain spousal support commonly known as alimony.

The overall property division in a divorce includes spousal support. A property settlement can be negotiated between you and your spouse. This includes spousal support obligations, such as who will pay it and how much.

Spousal support’s goal is to make sure that both spouses can meet their financial obligations during and after a divorce. Your unique situation will determine the quantity, regularity, and length of the support. If you and your spouse agree on an amount and duration for spousal support, the court will uphold that decision as long as it is fair to both parties. This is true for the majority of divorce-related concerns.

The court might not be inclined to award alimony if the marriage only lasts for less than 20 years. By doing this, a certain level of life is preserved for both couples. If a substantial income was generated during the marriage but there was also a sizable debt load, the sustainability of alimony may be put in jeopardy.

There is no set formula that will determine whether you will receive spousal support or how much, unlike child support. Case-by-case considerations go into determining spousal support.

When Can You Modify Spousal Support?

As long as you haven’t given up the option to request a change, alimony can always be changed. A clause stating that the spousal support provision is legally enforceable and thus unmodifiable might be included in a divorce ruling.

Alimony can be classified as either modifiable or non-modifiable. Spousal support is modifiable if the case is not settled before trial and goes before a court, who awards spousal support. Only with the parties’ consent can a judge impose modifiable alimony. Basically, following the divorce, alimony that is modifiable may be changed if circumstances change. 

The court may order support that must be paid in a predetermined sum for a defined number of years or months and cannot be adjusted under any circumstances if the divorcing spouse agrees to non-modifiable alimony during mediation or settlement proceedings.

Unfortunately, if you have non-modifiable alimony and want to change what you are paying or getting, non-modifiable alimony implies that you cannot change it and are stuck with it no matter how many changes may have happened since the divorce. 

If you have alimony that is modifiable, there may be events like retirement or other major life changes that meet the criteria for the court to immediately consider adjusting the amount of support.

You must first persuade the court that there has been a material change in circumstances that justifies reevaluating the alimony or spousal support order if your decision does not specify specific events. If you can convince the court that such a change has taken place, the court may reevaluate the amount of alimony and may change it to a larger monthly payment or a lower monthly payment depending on the parties’ current circumstances.

How Can You Modify Spousal Support?

The judge issues a special order known as a Uniform Spousal Support Order (USSO) whenever spousal support is granted. The conditions of the spousal support award are stated in the USSO. This covers the amount to be paid, the duration, and the method of payment. You might be able to get the initial court ruling modified if you think you are paying too much spousal support or receiving too little.

You must first submit to the court what is known as a “post-judgment” motion. If everything in your motion is factual, the court will decide at the first scheduled hearing if there is enough justification to hold an evidentiary hearing on the topic. If the motion is approved, this hearing will normally take place one to two months following the initial hearing. Prior to the day of the evidentiary hearing, parties will occasionally try to mediate the situation.

What must you claim for the court to even consider changing the amount of support? The major goal of alimony, according to case law on altering the amount, is to strike a balance between the parties’ requirements and earnings in a way that won’t leave either party in financial ruin. Based on the facts of the case, alimony should be determined according to what is fair and reasonable. Changing circumstances must be demonstrated in order to alter an alimony award. 

An alimony award cannot be altered unless there is new information or circumstances that have changed since the divorce decree.

What Happens if You Fail to Pay Spousal Support?

You can’t just decide to stop paying and declare that something has changed. For instance, you cannot retire and anticipate that your alimony obligations should end; rather, you must file a petition with the court, obtain its permission, or obtain a court order changing the alimony obligations; otherwise, arrears will continue to accumulate. This is crucial because once alimony is owed and due, it is impossible to go back and cancel the accumulated arrears. Spousal support cannot be modified retroactively.

In Michigan, it is illegal to fail to pay spousal support. It is a felony that carries a maximum four-year prison sentence, a maximum $2,000 fine, or both. Due to these severe consequences, it is wise to attempt to change your alimony payments rather than simply refusing to make them or electing to make less of them on your own. 

If you anticipate missing an alimony payment, let your ex-spouse know right away. You might be able to change your payments for one or two months without incurring late fees. To avoid going to court as well, you might be able to come to an informal agreement.

Including an attorney to communicate on your behalf may be a good option if you and your ex-spouse do not get along on the issue of spousal support modification.

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Can I modify my child support post-judgment? In Michigan, the answer will be yes!

There are a number of things that cannot be changed following judgment. There are some things that are always open to change. One of them is child support. As soon as you receive a 15-cent raise, the court won’t immediately change anything. That won’t actually take place. The court may review and modify the child support order if there has been a material change in circumstances.

Click here to watch the video Can I Modify My Child Support Post Judgment? 

The support should be changed for reasons related to parenting time. There may be several children. One of them leaves the system after graduating and is now an adult. Of course, child support needs to be adjusted.

The court should ideally decide to change child support on its own. However, occasionally something slips between the cracks, and the court keeps the number even if one of them has graduated from the program. You need to contact your attorney if that occurs.

What Is Child Support?

Child support is the circuit court-ordered payment of money for a child. The expense of child care, education, and medical, dental, and other health care services may all be covered through support.

A parent must pay child support in order to contribute to the cost of maintaining the quality of life of a child. Up until the child turns 18 or, in some cases, until the child turns 19 and a half, the judge can order the beginning or modification of child support. You can ask the court in your ongoing family law case to begin child support by filing a motion. To initiate a family court case if there isn’t one already, you can apply for child support services or do it yourself. There are numerous ways to modify a child support arrangement.

Legally, parents are required to provide for their children financially. By deciding to forgo parenting time (visitation) or consenting to the termination of their parental rights, a parent cannot get out of paying child support. Even after losing their parental rights, parents occasionally have to keep paying child support. Parenting time cannot be restricted in order to pursue child support if the other parent owes you money.

You can apply for IV-D child support services if you’re a parent or a guardian and you need assistance with determining, obtaining, or paying child support.

What is IV-D about, you might be wondering. When referring to Title IV-D of the Social Security Act, the word is pronounced “four-dee”. All state child support programs must abide by the guidelines established by IV-D, which also created the child support program.

The “Title IV-D program” or the “IV-D program” is a common name for the child support program, which assists parents and custodians in determining and enforcing child support and medical assistance. After a child support order is made, court expenses could be associated with the case.

When Can I Modify Child Support?

If your job or the custody arrangement changes, you should file a Motion Regarding Support as soon as possible. Normally, it is not possible to modify past-due child support payments. This means that once child support is due, the judge cannot adjust the amount of the payment. Child support is not modified automatically if the parents formally alter their custody agreement. A motion to modify child support must be filed by the paying parent if they seek to change the amount for any reason.

The Michigan Child Support Formula is used by the courts to calculate child support. The court will utilize the formula to determine the amount of support if either parent requests to begin or modify child support. You can use the MiChildSupport Calculator on the Michigan Department of Health and Human Services (MDHHS) website to see what the support amount might be in your situation.

The Friend of the Court automatically examines the child support order once every 36 months if the child or custodial parent receives state benefits. If a parent requests a written review of the child support order, the FOC will also review it. Unless the parent can demonstrate that there has been a significant change in circumstances, the parent may only make this request once per 36 months (three years). For instance, a parent could demonstrate that the custody arrangements or either parent’s job have undergone significant change. The FOC may be required by a judge to review support.

The FOC will only request that the judge modify child support if the difference between the old and new amounts is at least 10% of the old amount, or at least $50, whichever is greater. The FOC is not required to request a modification in support orders if there is a small discrepancy between the old and new amounts.

Let’s imagine you presently pay $400 in child support each month, but your income decreased as a result of your reduced work hours. You can submit a written request for a FOC review if it has been more than three years after you first asked for the FOC to evaluate your child support order. The FOC will seek the judge to amend it if it determines that your new child support obligation would be less than $350 per month. The two amounts’ difference is $50 and 12.5%.

Just don’t decide to stop paying or rack up arrears in child support without consulting your attorney.

How Can I Modify Child Support?

If you are involved in a custody or parenting time dispute in family court but do not yet have a child support order, you can ask the judge to establish child support by filing a Motion Regarding Support.

Either party may submit a Motion Regarding Support asking the judge to modify the child support order if one already exists in the matter at hand. The parent who is moving and who is requesting a change in child support must provide the judge with justification for the move.

A new order can increase or decrease the level of help you now receive. The judge will determine the amount of support based on the Michigan Child Support Formula. Unless the outcome would be unfair or improper, the judge must order assistance in accordance with the formula.

The judge may take into consideration any agreement the parents make regarding the amount of child support, but they are not required to do so. You must complete an additional document, the Uniform Child Support Order Deviation Addendum if you have agreed to child support in an amount that deviates from the formula. Your uniform child support order should be filed with this form.

There are two ways to get a child support order in the absence of an active family court case. Applying for child support services online through the Office of Child Support is one alternative (OCS). The OCS will begin your child support case once you’ve submitted your application. Your information will be forwarded by the OCS to the district attorney’s (DA) office. In cases where the father’s legal paternity has not been proved, the PA will organize DNA testing. In addition, the PA will seek the judge to enter a child support order and determine paternity if necessary.

The PA will take care of your case if you submit an OCS application for child support. You can read the MDHHS parent brochure titled Understanding Child Support to learn more about the procedure.

You can submit a complaint for custody, parenting time, and support if the father’s paternity has already been confirmed through an Affidavit of Parentage and you wish to request child support on your own.

You can submit an Application for IV-D Child Support Services we mentioned to your neighborhood Friend of the Court (FOC) office if you file your own case. Although you would still be in charge of advancing your case, requesting child support services guarantees that the FOC would be able to assist you with matters involving child support, parenting time, and custody.

What Happens If I Can’t Pay Child Support?

Before submitting any documents to the court, you might want to speak with an attorney if you are behind on your payments. In the event that you make a Motion Regarding Support, the judge may assess your case and impose sanctions for the unpaid support. Free legal services may be available to you if your income is poor.

You may owe past-due child support payments to a person, the government, or both. These debts are referred to as “arrears.” Usually, you owe money to your child’s other parent or legal guardian. You can be liable for paying your obligation to the State of Michigan if your child receives public benefits or did so while you were obligated to pay child support.

Here are some consequences of evading the payment of child support in the state of Michigan.

[ 1 ]  Income withholding. Your paycheck is deducted for current and past-due child support and medical support payments, which are then sent to the Michigan State

[ 2 ]  Disbursement Unit. Additional sources of income must also have deductions made. 

[ 3 ]  Show Cause/Bench Warrant. If you don’t make timely payments for child support or medical bills, you can be asked to appear in court to justify your actions.

[ 4 ]  Criminal/Felony Charges. It is possible that things will get this bad. It’s possible that your case will be handled by the county prosecutor. It is conceivable to face criminal non-support charges.

[ 5 ]  Lien/levy. A lien or levy could be placed against your real estate, personal property, insurance claims, and other financial assets.

[ 6 ]  Pension account(s). Support orders apply to private pension plans, state and federal pension programs, and both.

[ 7 ]  Tax refund offset.  Once the amount of past-due support reaches a certain threshold, federal and state tax refunds may be withheld to cover the debt.

[ 8 ]  Surcharge. If you are behind on your child support payments, a judge may order that a semi-annual interest surcharge be applied to the amount you presently owe.

[ 9 ]  License suspension. After a two-month payment delay, a number of license types, including driver’s, hunting, fishing, and professional licenses, may be rejected, suspended, or revoked.

[ 10 ]  Credit reporting. If you fall more than two months behind on your payments, which are recorded to a consumer credit reporting service, your credit score may be harmed when you apply for a loan.

[ 11 ]  Passport denial. Your passport might be revoked or rejected if you owe just $2,500 in unpaid support.

You can see how not paying child support can affect almost every aspect of your life. Along with the financial consequences, your ability to legally drive, travel overseas or even go fishing may be affected.

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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.