What happens in a modification of child support case?

Generally, in an action for the modification of child support, the court may award attorney’s fees, costs, and expenses of litigation to the parent who wins (called the “prevailing party”), regardless of who files the case, as the interests of justice require.

How does my ex affect my child support?

In most states, there is a presumption of paternity —meaning, when a married couple has a child during their marriage, the court assumes that both parents are biological parents. If your ex is the legal father, by biology or adoption, of a new dependent, the court may reduce the amount of child support you receive.

Do you have to attend child support modification hearing?

Let’s say you have filed to modify child support, or that you just received notice that you must attend a child support modification hearing. Whether you pay child support, or you are the custodial parent and you receive child support, you will be less anxious about it when you know what to expect beforehand.

Can a divorce change the amount of child support?

If there’s a change in circumstances later, like a new child, most state courts will allow parents to request a modification, or change, to the child support amount. It’s not unusual for divorced parents to move on and create new families after a divorce, but that doesn’t alleviate either parent’s obligation to support all their children.

How does ex husband’s new wife affect child support?

Although in most cases, the new spouse’s income is not used in the child support calculation, the joint income of the ex-spouse and new spouse may affect the child support calculation. For example, California’s child support guidelines use after-tax income in the child support calculation.

Can a husband file a motion to modify child support?

Yes, but only if your husband files a motion asking the court to change how much he pays. Although the court monitors monthly payments and enforces its court orders, the court does not keep track of how many children you have, nor does it automatically modify support if you have another child.

What do you need to know about child support modifications?

5 Things To Know About Child Support Modifications 1 Child Support Modifications Aren’t Automatic. Just because the factors that went into calculating your child support payment have changed, that doesn’t mean your child support order will change automatically. 2 Keep Great Records. 3 Get Your Payment Records Into Evidence.

Can a court modify child support in Michigan?

Some common reasons for modifying child support include: either parent receives a sizable bonus or inheritance that significantly impacts that parent’s income. For example, in Michigan, a party must prove that there’s been at least a 10% change in income before the court will consider modifying child support.