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Affidavit of Defendant Spouse in Support of Motion to Amend or Strike...

Motion For Support In Michigan

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

Control #:

US-00003BG-I

Format:

Instant download

Description

The Motion for Support in Michigan is a legal document used by defendants in divorce cases to request a modification of alimony provisions due to changes in circumstances, such as the plaintiff's cohabitation with another person. This form allows defendants to present evidence that supports their claim and facilitates communication between the parties involved. Key features include sections for personal information, details about the final judgment, alimony payments made, and grounds for amendment of the alimony provisions. Filling out this form requires careful consideration of the facts and legal standards applicable to modifying support obligations in Michigan. It is essential for users to follow submission protocols, such as notarization and proper service to all parties. This form is particularly useful for attorneys, paralegals, and legal assistants involved in family law cases as it provides a structured way to address changes in financial obligations, ensuring that clients are adequately represented. Legal professionals can efficiently guide their clients through the modification process with this form, enhancing their practice in family law.

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FAQ

Either party can file a Motion Regarding Support to ask the court to change the amount of child support if there is already a child support order. A judge can enter a court order to start or change child support any time until a child turns 18, or in some cases until the child turns 19 ½.

(A) Responses to all motions, except those listed in subparagraph 2(A) below, must be filed within 14 days after service of the motion. (B) If filed, a reply brief supporting such motion must be filed within 7 days after service of the response, but at least 3 days before the motion hearing.

Either parent can ask the judge to change parenting time in an existing family law case by filing a motion to change parenting time. It could be a divorce, separate maintenance, custody, paternity, or family support case, but there must already be a custody order or judgment in the case.

A motion for intervention, in the context of family law, is a petition by an interested party to testify to the best interests of a child when the existing parties cannot adequately protect a child's best interests.

The Friend of the Court (FOC) will review child support orders once every 36 months upon written request from 1 of the parties. The support review process can take between 4-6 months to complete.

How are support orders established? The Office of Child Support (usually through the Prosecuting Attorney) or a parent may ask the court to issue a support order. The court generally orders the non-custodial parent to provide support for the child who is living with the other parent.

All family support, paternity, and interstate cases must be referred by the State of Michigan Department of Human Services (DHS). Contact the Office of Child Support Enforcement at 1-866-661-0005 or 1-866-540-0008. The referral is then sent by DHS to the FOC and the initiation process begins.

How are child support papers served? Usually, papers must be handed directly to the respondent. This can happen anywhere: at their home, office, etc. The respondent does not have to agree to accept the papers but should be made aware of what's handed to them.