Legal Question in Family Law in Michigan

lowered child support

My ex is wishing to have his child support payments lowered. We go to court in 2 weeks.(June 12th)

He claims his income is now much lower, by $15,000. I earn about $10,000. He and his new wife own a dance studio business; they can adjust what they claim they earn, I believe, but I have no proof.

They also just had a baby, which may be a new financial burden. The new wife has never been happy with him paying for my son.

I also have kept track of how much time he actually has our son for the past 2 years. He rarely sees him, even when he is allowed to on his weekends, due to his dance schedule. This greatly affects the time I can work, and it hurts the income I could have earned.

I do not wish to have a lawyer when we go to court. The last one cost me over 2 grand.

Any advice???


Asked on 5/27/06, 7:24 am

3 Answers from Attorneys

Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: lowered child support

If you do not wish to have a lawyer, you will have to rely on the Friend of the Court process. If the father is self-employed, income may be difficult to prove. There is a possibility that income will be imputed if either parent has voluntarily chosen employment that pays without a reasonable explanation. That will include you. If you are only earning $10,000 a year, you may want to figure out how you can earn more income. You do not say if you are remarried and/or have other children, but that could be an explanation for your low income. That will not affect the computation of child support from this particular father, but would explain how you survive on such low income or do not work many hours. There may, of course, be other factors as well.

It is always wise to use in attorney in matters such as these, and I recommend that you hire an attorney. Trying to represent yourself, especially if the father has an attorney, is not a good idea. Remember, just as you do not go to work for free, attorneys do not go to work for free, so you should not resent having to pay an attorney for the work he or she does for you. It is very unlikely that you can do as good a job for yourself as an attorney can do for you.

Good luck.

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Answered on 5/27/06, 7:45 am
William Stern William Stern, P.C.

Re: lowered child support

What you must do is subpoena all the books and records from the dance studio for the last two years. Then also subpoena the program from the recital. Match the names in the recital book to the records of the dance studio to make sure that all names and funds are accounted for. Then, determine the gross income and the net income. See if he is running money through others, like the wife, a relative, etc. in this manner. Once you get aggressive and smart, they may actually withdraw the motion. Get busy on this. Subpoenas are available on line. Just do a Google search for Michigan court forms. Because you are not a lawyer, you are going to have to get the judge to sign the subpoenas. The subpoenas must be accompanied by a fee. Usually, putting $20 on the subpoena should cover it. I'd also try to adjourn the hearing to allow you time to obtain and digest the info. Don't plan to get the records in court on the day of the hearing and make sense out of them. While the money may be tight, getting a good, competent, diligent lawyer is the smart thing to do, saves tons of time and will get you a better result. William S. Stern

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Answered on 5/27/06, 10:08 am

Re: lowered child support

Hmmm. You do not wish to have a lawyer so you're on the web looking for a lawyer to advise you. Also, you're upset that the last lawyer cost you money. Do you get upset when you have to pay your doctor? If you needed surgery, would you be likely to seek medical advice on the web so you could do surgery yourself or would you think that it's probably better to have a surgeon do that work for you? Do you think that you're more qualified to practice law than your are to practice medicine?

How about a situation where your last doctor didn't get you well. Next time you get sick, would you eliminate the surgeon and do it yourself.

Seems kinda foolish, huh?

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Answered on 5/27/06, 5:18 pm


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