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May 05
2008
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Ask a Lawyer: Motion to derease child supportPosted by: Dads Divorce on May 5, 2008 Tagged in: testimony , support , out of state , multi-state , Modification , Maintenance , income , FL , deposition , Child Support , Ask A Lawyer
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Question:
I reside in the State of Florida and the custodial parent lives in the state of Michigan. She filed a motion to increase my child support obligation in October of 2004 in the state of Michigan, due to my financial status. The court only gave me 10 days from the notice to appear and I was unable to attend. She was granted what she asked for. I have recently been in an accident and have been under doctors care for the past month and a half. I will not be able to return to work (doctors orders) for two more months and may require therapy. I have filed all the required documentaion for a motion to decrease my child support along with documentaion supporting the fact that I would not be able to attend a hearing in the State of Michigan. Once again, I received a hearing date. At that time, I sumbmitted the required paperwork to show what my income was, 2004 file tax return and the last two months worth of pay stubs. The hearing was held on July 28,2005 and per the return letter received from the referee, the custodial parent disagreed with the amount I was requesting to pay and noted that my finances were not adequate. I was given two options: to appear when I felt I was able to or have the case dismissed. I have responded to the letter I received indicating that I do not believe my child support obligation is in compliance with the State of Michigan's Child Support Formula and have requested the court modify my support obligation per the State of Michigan's Child Support Formula. Please let me know if there is a way to have my child support modified without having to attend a hearing in the state in which I no longer reside. I have explaind to them that I am currently not working nor does my financial status allow me to attend a hearing in another state.
Answer:
I cannot answer your question specifically to the laws of Michigan as I am not licensed in that State. I suggest that you retain an attorney to complete your case and represent you in court. In the court there is generally no way to have a modification without appearing in court. However, it maybe possible to have you deposition scheduled and recorded in Florida and then use that as your testimony in the Michigan Court.









I have read 6 posts so far and they all answer like this one. ...I'm not licensed in that state...get a lawyer.... blah...