Farmington, MI asked in Family Law and Child Support for Michigan

Q: I have a cs review already in the works + my 16 yo has come to live with me. Court says they can't change the overnights

Son has been here since 11/26/19 The review was already in the works because I've been laid off so now the courts say I have to file a motion for custody even though I have joint legal custody with "as agreed upon" visitation. So why can't they just adjust the child support and the number of overnights? I don't have the money to file a motion.

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Grand Rapids, MI
  • Licensed in Michigan

A: The Friend of the Court goes by court orders. Your current court order apparently says parenting time is "as agreed", and so that's what the FOC has to work with - it does not matter what is actually happening. For child support calculation purposes, FOC needs to know the number of overnights you are ordered to have or the number of overnights it's agreed that you exercise. "as agreed" is not a number that works in the child support formula. And the children now living with you means little without a court order to that effect.

You will need to file a motion changing custody; it does not need to be expensive. Your local courthouse may have a legal assistance / self help place that can provide you the forms and information you need.

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