Child support modification

[Ref]

Dh will be filing Pro Se.

Say the court takes a couple months to order the modification, does DH get credit for the amount he overpaid since filing?

When he files the modification, does he also file the CS calculation sheet? He doesn't know BM's income so would he just file a financial affidavit and wait for her to file hers?

The form also asks why this modification is in the best interest of the child. What should he put? "If her father is made poor by unfair child support payments he will no longer....be able to survive at all?....be able to afford to see her.....???

BM owes DH several hundred dollars (I know that is small change compared to what some of you are owed). Should he file contempt at the same time for these things?

I know BM will PAS even worse when she isn't able to live off of DH's sweat. How have you combatted it? SD is 14.

Thanks for your help. (It is a shame that I can be this sure that many of you have gone through this already)

Ref

[3childdad]

Ref:

It depends on the state you are in.

Let me answer your questions on how it applies to my state.  I am not a lawer though, this is my opinion of how it is to be interpreted.

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In Michigan the statue in I believe MCL 603 (2) reads roughly and I am paraphrasing:  Retroactive Modification may be set back to the date in which payer or payee has been given notice of the pending modification.

In MI  I believe that means when there is modification pending, that the retro date may (court's descretion) be set back to whenever the first person (payee or payer) was given the notice (regardless of who sends it to them).

Although there is discretion here the law is quite clear on its face so I don't believe that it is a matter of Judicial construction.

DH in MI should get mod date set back to whenever the first person was given notice provided that there is grounds determined for such modification.

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Where I live in Oakland County we are suppose to provide the past six pay stubs at hearing.  Unless I know her income, I couldn't calculate the CS.  At the hearing, I would copy down hers and calculate it based on the facts.  If it doesn't match the ref's calculation, I ask why or file an objection if I do not agree.  


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Depends on the custody status of DH.  They are undertoning as well how the money will affect the child.

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Was BM previously ordered to pay DH the money? If not, no contempt.

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Sorry, fortuneately I wouldn't know.  I pray that it doesn't happen, though.