The court has the discretion and authority to modify child support provisions in judgments at any time, until the child reaches 18 years old or until 19 ½ if they have not graduated from high school, but are full time students. In order for the court to allow a modification of previously ordered child support, the court must determine that there has been proper cause or a change of circumstances. Additionally, the change in circumstances must result in a modification greater than 10% or $50.00 a month, which ever is greater. These threshold requirements are designed to keep a party from filing for modification, even though the change in circumstances or proper cause has a minimal effect on the support amount. The party seeking modification has the burden of establishing that there is proper cause or that there has been a change of circumstances.
If you have questions about child support modifications, please contact one of our Metro Detroit family law attorneys today. From his office in Plymouth, MI, Carlo Martina serves southeastern Michigan.