Fillable MOTION TO MODIFY CHILD (Third Judicial Circuit of Michigan)

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MOTION TO MODIFY CHILD (Third Judicial Circuit of Michigan)

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FD/FOC 4035 i Revised 8/7/2020
MOTION TO MODIFY
CHILD
SUPPORT
USE THIS SET OF FORMS IF:
•
Child support is still being charged every month on your case
•
You still have at least one child on this case that is under 18 years old
•
There has been a change in how much money you make
•
You want to raise or lower the monthly child support amount
T
his Motion must be electronically filed at the Wayne County Clerk’s Office. It will cost you $60.00 to file this
motion (unless fees are waived – see below). You must pay the fee online at www.govpaynow.com
and use Pay
Location Code 6223. Proof of this payment must be submitted along with your Motion and any attachments when you
file.
If you cannot afford the filing fee, you can ask the Chief Judge for an Order waiving the filing fee. The Fee Waiver
forms are available here. You must provide a copy of your State-issued photo ID card and proof of income and/or
public assistance. Submit your Fee Waiver request, ID, and proof of income/public assistance to
filings@3rdcc.org. You must submit this document AND receive back your approved Fee Waiver prior to filing your
Motion. Your approved Fee Waiver must be submitted as a separate pdf when filing your Motion. Failure to submit
all of this documentation will result in a denial or rejection of your filing. You cannot obtain a Fee Waiver by mail.
INSTRUCTIONS:
1. Fill out pages 1 through 5. USE BLACK OR BLUE INK ONLY
2. Write your Case Number in the upper right corner of every page.
3. Attach a complete copy of your most recent child support and parenting time orders to your
forms.
4. Leave the forms in numerical order. Make 3 sets of copies of pages 1 through 5 and all of your
attachments if filing by mail. Make 1 set of copies of pages 1 through 5 and all of your attachments if
filing online.
5. Fill out the Financial Information Form. Keep this form separate from the other forms. You must turn
t
his form in separately to the FOC Scheduling Office by mail to: FOC Scheduling Office, Coleman A.
Young Municipal Center, Room 900A, Two Woodward Ave., Detroit, MI 48226 or by email to
FOCCopies@3rdcc.org
.
FD/FOC 4035 ii
Revised 8/7/2020
6. Always keep a copy of every paper you file with the Court and bring your copies with you to the
hearing.
7. To get a Court date, you need to file the motion properly with the Court.
IF YOU ARE FILING ONLINE (RECOMMENDED):
1. E-mail your motion with attachments and your receipt of payment of the filing fee (or signed Order
waiving filing fees) to filings@3rdcc.org.
Every document must be in pdf format and be separate
attachments to your email. When filing a Motion, the Motion, Brief, Notice of Hearing, and Proof of
Service can be filed as one single pdf document. All other documents, including fee waivers and filing
payment receipts, must be filed as separate documents.
2. You must monitor your case on Odyssey Public Access at www.3rdcc.org/OPA to confirm when your
motion has been filed with the County Clerk’s office. Please allow at least 48 hours for your motion to
be f
iled.
3. When you have confirmed that the motion has been filed with the County Clerk’s office, you must
submit a Friend of the Court ePraecipe at https://www.3rdcc.org/efiling/epraecipe
to schedule your
motion for hearing before the referee assigned to your case.
4. Once you have submitted the ePraecipe, you will receive a completed copy back with your hearing
dat
e on it. Please note that the final hearing date may be different from what was requested on the
ePraecipe, due to Court availability.
IF YOU ARE FILING BY MAIL:
1. Note: You cannot obtain a filing fee waiver by mail.
2. Write your Case Number in the upper right corner of every page.
3. Mail your original forms, 3 sets of copies and a money order or certified check for the filing fees to: Wayne
County Clerk, Room 201, Coleman A. Young Municipal Center, Detroit, MI 48226.
4. Keep copies of everything you mail to the Court.
5. Include a Self-Addressed Stamped Envelope and a letter asking the County Clerk to mail you a receipt and a
copy of your motion stamped “filed.”
6. You will receive your hearing date by mail.
QUESTIONS?
For questions regarding filing, please visit: http://www.3rdcc.org/divisions/family-domestic/emergency-and-
non-emergency-filings. You may also call the Wayne County Friend of the Court at (844) 785-7593 or email
CustomerService@3rdcc.org.
7.
Failure to complete all of the above steps may result in delay or dismissal of your motion.
T
he Court is required by law to use the Michigan Child Support Formula to set the child support
amount, unless the Court finds that application of the formula would be unjust or inappropriate.
FD/FOC 4035 1 Revised 8/7/2020
STATE OF MICHIGAN
THIRD JUDICIAL CIRCUIT
WAYNE COUNTY
MOTION
TO MODIFY SUPPORT ORDER
CASE NO.
HON.
Please print or type information
Plaintiff name, address, telephone no., and email address
Attorney Name, Address, Telephone No. Bar No.
Defendant name, address, telephone no., and email adress
Attorney Name, Address, Telephone No., Bar No.
is incarcerated and a telephonic hearing is required. They are incarcerated at
Name
and their inmate number is
Name of Facility MDOC or Other Number
This motion is being filed by the current child support order is for $ per month.
Name
I HAVE ATTACHED A COPY OF THE SUPPORT AND PARENTING TIME ORDERS ARE ATTACHED.
I have number of overnights per year with my child(ren).
My income before taxes is per month. My source of income is
Employer/Other
I am requesting the child support be:
increased
reduced
modified as follows:
The change in circumstances is:
increase/decrease in income
new parenting time/custody order
Other:
I declare that the above statements are true to the best of my information, knowledge and belief.
Date Signature of party filing motion
click to sign
signature
click to edit
FINANCIAL INFORMATION FORM
I am submitting this Financial Information Form to be considered by the Court in
connection with my motion to modify the child support obligation in my case. In the event
the Court wishes to contact my employer, I authorize my employer to release my payroll
information. I make application to the Wayne County Friend of the Court for continuing
child support services under the provisions of the Child Support Enforcement Program as
required under Title IV-D. I declare that the statements made in this form are true to the
best of my information, knowledge and belief.
Date:
Signature:
CASE NUMBER:
YOUR NAME:
YOUR E-MAIL ADDRESS:
YOUR SOCIAL SECURITY NUMBER:
1)
LIST CHILDREN COVERED BY THIS SUPPORT ORDER:
Name Date of Birth Address Number of overnights per year with each child
2)
ARE YOU PRESENTLY MARRIED?
3)
LIST ALL OTHER CHILDREN YOU HAVE:
Name
Date of Birth Address Indicate Biological/Adopted/Step
click to sign
signature
click to edit
4)
LIST OTHER SUPPORT ORDERS YOU PAY ON:
Case Number County Current Support Order Due
5)
COMPLETE THE FOLLOWING SOURCES OF INCOME YOU HAVE:
a.
Monthly Gross Wages (before deductions) attach
most recent pay stub
b.
Occupation
c.
Name of Employer
d.
Address
e.
Phone Number
f.
Second Job Gross Wages (before deductions) attach
most recent pay stub
g.
Name of Employer
h.
Address
i.
Phone Number
If you do not receive a pay stub for your earnings, you must submit a copy of the
most recent Federal tax return, Federal 1099, W2’s and verify under oath that
this represents your actual income. The penalties for perjury may apply if you
misrepresent your income.
6)
OTHER SOURCE OF INCOME: Please state amount received and for what
period (week/month/year)
a)
Unemployment $
b)
Sub Pay $
c)
Stock Dividends $
d)
Bonus & Profit Sharing $
e)
Rental Property $
f)
Social Security Disability $
Benefits
g)
Social Security Insurance $
(SSI) Benefits
h)
Veteran Benefits $
i)
Pension $
j)
Disability Income $
k)
Spousal Support $
l)
Other $
7)
INDICATE WHETHER YOU PAY ANY MONTHLY
INSURANCE
PREMIUMS:
MEDICAL PREMIUMS $
DENTAL PREMIUMS $
OPTICAL PREMIUMS $
Name of individuals covered by policy age relationship
8)
DO YOU RECEIVE STATE OF FEDERAL GOVERNMENT
ASSISTANCE (i.e. FIA/TANF Assistance)?
List Case Number
Cash Grant Amount
Medicaid: YES OR NO
Food Stamps Amount _
9)
DO YOU HAVE CHILD CARE EXPENSES FOR CHILDREN OF THIS CASE:
Childs name Name of Provider Weekly Cost
YOU MUST ATTACH VERIFICATION OF ALL SOURCES OF
INCOME
AND VERIFICATION OF CHILD CARE EXPENSES IF
APPLICABLE.
FAILURE TO DO SO MAY RESULT IN DISMISSAL OF
YOUR MOTION
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MOTION TO MODIFY CHILD (Third Judicial Circuit of Michigan)

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Completed 14 October 2021

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