This form is used to justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
A Michigan Motion to Modify or Amend Divorce Decree to Provide for an Increase in Amount of Child Support is a legal process available to parents who want to request a change in the existing child support order. This modification is sought when there is a substantial change in circumstances that warrants an increase in the amount of child support being paid. Under Michigan law, there are a few different types of Motions to Modify or Amend Divorce Decree to Provide for an Increase in Amount of Child Support: 1. General Change in Circumstances: This type of motion is filed when one parent believes there has been a substantial change in circumstances that justifies an increase in child support. Some common examples of such changes include an increase in the cost of living, the child's needs have changed significantly, or the paying parent's income has substantially increased. 2. Cost-of-Living Adjustment: In Michigan, child support orders can include automatic cost-of-living adjustments (Colas). These adjustments allow child support payments to increase annually based on the Consumer Price Index (CPI). To request a COLA increase, a motion must be filed, accompanied by appropriate documentation. 3. Educational Expenses: When a child's educational expenses (such as college tuition) were not considered in the original child support order, a parent can file a motion to modify or amend the divorce decree. This motion seeks to include educational expenses and may result in an increase in child support. 4. Medical Expenses: If there has been a significant change in the child's medical or healthcare needs, a parent can file a motion to modify or amend the divorce decree to include provision for increased medical expenses. This may result in an increase in child support payments as well. When filing a Michigan Motion to Modify or Amend Divorce Decree to Provide for an Increase in Amount of Child Support, the parent seeking the increase must demonstrate to the court that there has been a substantial change in circumstances that justifies the modification. This could involve providing evidence such as financial documents, medical records, educational expenses, or proof of increased cost of living. It's important to note that Michigan family courts prioritize the best interests of the child when making decisions regarding child support modifications. The court will consider factors such as the parents' financial resources, the child's needs, healthcare expenses, and any other relevant circumstances. Consulting with an experienced family law attorney is highly recommended when navigating the legal process of filing a Michigan Motion to Modify or Amend Divorce Decree to Provide for an Increase in Amount of Child Support. They can guide parents through the necessary steps, ensure all appropriate documentation is provided, and advocate on behalf of their client's interests during court proceedings.
