Single Parents

2 CS modification questions

In May my ex was receiving unemployment and the state issued a temporary order for my child support ($81/wk). In August he was no longer collecting unemployment, but still unemployed. He stated that his family was able to assist him with making the payments he was ordered to make under the temporary arrangement so the permanent order was given that he continue to pay the $81/wk.

My question is, if he finally gets a job, is there any way I can request a modification, even though my state has the 3 year modification rule?

Also, my ex has back support in the amount of $3,500. He obviously can't afford to pay towards that since he is unemployed and his family is providing the money he needs to pay for the regular weekly amount. Will I not see any of that money until he has a job? I assume so, but I am curious to know if anyone has a similar situation, but still had the money come to them.

Re: 2 CS modification questions

  • At one point my XH was in arrears nearly what yours X is. (just for comparison) My XH has an income withholding order on him (wage garnishment). Per the courts order, his employer is deducting the normal weekly CS amount, with another 10% on top of that which is applied to his arrears. So, even though he has income withholding that is paying his CS, it is barely touching his arrears.

    I'm not sure about the modification. If he provides the courts with his new income information, as he's legally required to do so, you shouldn't need a modification. In Michigan, the courts automatically do an 'audit' every 3 years on both parties, to ensure that CS is being calculated correctly. If your X fails to provide the courts with his new income/employer information, contact your CS caseworker and he/she can probably get the wheels put into motion to get your X into court to provide those documents.



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