Q: I have sole physical/joint legal custody of minor child in Michigan and have a question about child support
A child support case was initiated by the prosecutors office in Michigan against non custodial parent. This was because I was receiving public assistance. I am going to work full time and will have out of pocket costs for private insurance, but my daughter still gets daycare assistance. Non custodial parent seems to think that if I am no longer on public assistance of any kind, then his child support order initiated by the State will end. He seems to think it will be null and void if I’m no longer on assistance. Do child support orders stay in place regardless of who initiated the order? Because it’s the State’s order, will he no longer have to pay if we’re not on state aid? My understanding was that the order stands, but can be modified, not that it goes away if I am no longer receiving State aid. I was not aware that I would have to initiate a new order on my own if my public assistance ends.
A: Your understanding is correct. Either of you can file a motion to modify the support order based on a change of circumstances. But unless it's changed, the existing order will continue.
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