Support Review
A support review is a review of the monthly financial obligation (formerly child support), medical support, and child care obligation charging on your case using the Michigan Child Support Formula. The FOC reviews financial obligations in the following situations:
- A written request is submitted to the FOC for a review, not more often than once every 3 years from the date of the last order or the last review, unless there is verification of a significant change of circumstance, for example, a loss of employment or a change in custody.
- Upon receiving a court order from the Judge/Referee.
- Every 3 years when the recipient of support receives public assistance.
- Upon FOC staff initiative when certain restrictive conditions are met.
Frequently Asked Questions
I am not eligible for a support review through FOC but my circumstances have changed and I believe the existing financial obligation should be modified. What should I do?
You may either:
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Will support be made retroactive to the date I ask FOC for a support review?
No. A formal petition must be filed to change support according to a specific date. FOC sends out a petition when it processes the request for a review.
My case was referred by the Judge in a court order for a review of the financial obligation. When it is completed, will it be automatically be modified by the FOC?
No. The FOC will prepare a recommendation, but will not prepare or enter the order following a court ordered review. It is either parent’s responsibility to motion the court to have the recommendation entered if they agree, or to file an objection and request a hearing if they disagree with the recommendation. Miscellaneous Motion Forms can be used for this purpose and are available at FOC and the Legal Assistance Center. FOC will not make any changes to the financial obligation without the new order.
I reached an agreement with the other parent to modify the financial obligation. Will the FOC prepare an order based on our agreement without a review?
The FOC is bound by statute to notify you of the financial obligation that is recommended by the MI Child Support Formula before any modification. If the formula is not applied, FOC requires information about why the recommended amount is unjust or inappropriate as it applies to your case before a new order can be prepared.
Does the FOC review and make recommendations regarding spousal support?
Not usually.
I am the parent with the financial obligation and I voluntarily reduced my income. Will my support be reduced?
Case law states that financial obligations will not be reduced based on voluntary reduction in income.
When making its recommendation, does the FOC take into account my bills such as car payment, rent, utilities, or credit card debt?
The Child Support Formula already assumes all persons have certain living expenses. The FOC cannot deduct those bills before calculating the obligation and making a recommendation.
Does the updated formula constitute a significant change of circumstance warranting a review of my obligation?
No.
Does the amount of parenting time I have affect my financial obligation?
Yes. Under the new formula, parenting time is considered. Parents are encouraged to participate in the review and supply information regarding their exercised and ordered parenting time. However, a change in parenting time does not necessarily constitute a change of circumstance warranting a review.
When I object to a support modification proposal, what can I expect to happen at the hearing?
The referee will ask both parents whether they agree with the proposal and if they do not, the reason for their objection. It is a good idea to bring verification of income and/or any other proof to substantiate your position. The court may ask for recalculations, order one or both parents to provide additional documentation of income, and/or adopt the FOC recommendation.
