STATE OF MICHIGAN

IN THE [COUNTY] CIRCUIT COURT – FAMILY DIVISION

PETITIONER: [PETITIONER FULL NAME],
[current street address],
[city], Michigan [ZIP]

RESPONDENT: [RESPONDENT FULL NAME],
[current street address],
[city], Michigan [ZIP]

Case No.: [Court‐Assigned Case Number]
Hon. Judge: [Judge’s Name]

VERIFIED PETITION / MOTION TO MODIFY CHILD SUPPORT ORDER

(“Petition”)
Effective Date for Court Use Only: ___, 20_

[// GUIDANCE: This pleading is drafted for use when a prior Michigan child–support order exists and either a statutory review period has elapsed or a material change in circumstances has occurred. Replace bracketed items, attach the required Uniform Child Support Order (“UCSO”), and file in conformity with MCR 3.203–.224 and local administrative orders.]

TABLE OF CONTENTS

I. DOCUMENT HEADER
II. DEFINITIONS
III. OPERATIVE PROVISIONS
IV. REPRESENTATIONS & WARRANTIES
V. COVENANTS & RESTRICTIONS
VI. DEFAULT & REMEDIES
VII. RISK ALLOCATION
VIII. DISPUTE RESOLUTION
IX. GENERAL PROVISIONS
X. EXECUTION BLOCK

I. DOCUMENT HEADER

A. Prior Order. The parties are subject to the [date] Judgment/Order of Support entered in this Court at Docket No. [ __ ] (“Prior Order”).

B. Jurisdiction & Venue. This Court retains continuing, exclusive jurisdiction over child support under Mich. Comp. Laws § 552.605 and Mich. Ct. R. 3.205.

C. Minor Child(ren). The Prior Order concerns:
1. [Child’s Full Name], DOB: //______
2. [additional children as needed]

D. Relief Requested. Petitioner seeks entry of an Amended Uniform Child Support Order consistent with the Michigan Child Support Formula (“MCSF”) and the terms stated herein.

II. DEFINITIONS

For purposes of this Petition, capitalized terms have the meanings below:

1. “Court” means the Family Division of the [County] Circuit Court, State of Michigan.
2. “Current Income” means each party’s most recent and verifiable actual income as defined by MCSF § 2.01, including but not limited to wages, overtime, bonuses, commissions, and imputed income where applicable.
3. “MCSF” means the Michigan Child Support Formula as mandated by Mich. Comp. Laws § 552.605.
4. “Material Change in Circumstances” means any change contemplated by MCSF § 1.04(A)(2), including but not limited to significant variations in income, health‐care coverage, or parenting time.
5. “New Order” means the amended Uniform Child Support Order requested by this Petition.
6. “Parenting Time Deviation” means any adjustment permitted under MCSF § 3.03 because actual parenting‐time schedules substantially differ from those underlying the Prior Order.
7. “Substantial Review Period” means the automatic tri-annual review contemplated by Mich. Comp. Laws § 552.517(1).

III. OPERATIVE PROVISIONS

1. Basis for Modification.
   a. Statutory Review. More than 36 months have elapsed since entry of the Prior Order.
   b. Material Change. Alternatively or additionally, the following material changes have occurred:
   i. [Involuntary job loss / income reduction] of [ party ] on [ date ];
   ii. [Change in health insurance premiums];
   iii. [Change in overnight parenting‐time schedule]; or
   iv. [Other factual basis].

2. Requested Support Calculation.
   a. Petitioner attaches as Exhibit A a completed and signed Uniform Child Support Order – Deviation Addendum and MCSF Worksheets reflecting each party’s Current Income.
   b. The worksheets yield a base support amount of $[ __ ] per month, allocated as follows:
   • Ordinary medical: $[ ]
   • Child‐care: $[ ]
   • Additional deviation (+/−): $[ ]
   c. Any deviation complies with MCSF § 1.04 and is fully explained in Exhibit A.

3. Retroactivity & Effective Date.
   a. Consistent with Mich. Comp. Laws § 552.603(2), the New Order shall not modify arrears accrued prior to the filing date of this Petition, absent statutory exception.
   b. Petitioner requests the New Order take effect on the first day of the month following entry.

4. Income Withholding. Entry of the New Order shall trigger immediate income withholding under Mich. Comp. Laws § 552.604.

5. Medical Support. The New Order shall require each party to maintain or obtain health‐care coverage as defined in MCSF § 5.01 and to share uninsured costs in the percentages set forth in Exhibit A.

6. Tax Exemptions. Allocation of federal and state income‐tax exemptions shall be revised as follows: [ describe rotation or sole-party claim ].

IV. REPRESENTATIONS & WARRANTIES

1. Each party represents under penalty of perjury:
   a. The financial disclosures attached are true, complete, and current as of the date signed;
   b. No bankruptcy filing is pending that would stay these proceedings; and
   c. No other court has issued a conflicting support order for the minor child(ren).

2. Survival. The representations in Section IV survive until entry of the New Order.

V. COVENANTS & RESTRICTIONS

1. Annual Disclosure. Each party shall exchange the following on or before May 1 of each year:
   a. IRS Form W-2 and/or 1099s;
   b. The immediately preceding year’s filed federal and state tax returns; and
   c. Year-end pay statements.

2. Notice of Change. Within 21 days of any change in employment, health insurance, or address, the affected party shall provide written notice to the other party and to the Friend of the Court (“FOC”).

VI. DEFAULT & REMEDIES

1. Event of Default. Failure to comply with the New Order, including non-payment or failure to supply required disclosures, constitutes an Event of Default.

2. Cure Period. The defaulting party shall have 14 days after written notice from the non-defaulting party or FOC to cure monetary defaults; disclosure defaults must be cured within 7 days.

3. Remedies. Upon uncured default, the non-defaulting party may seek:
   a. Statutory income withholding/garnishment;
   b. Tax-refund intercept;
   c. Suspension of recreational licenses;
   d. Fines, costs, and attorney fees as allowed by law.

VII. RISK ALLOCATION

Indemnification: Not applicable to child-support matters.
Liability Caps: Payments are limited to the percentage of income established by the MCSF.

[// GUIDANCE: Sections such as indemnification are generally inapposite in family‐law pleadings. They are provided here solely to mirror the requested architecture.]

VIII. DISPUTE RESOLUTION

1. Governing Law. This matter is governed exclusively by Michigan statutory and case law concerning domestic relations.

2. Forum Selection. The [County] Circuit Court – Family Division retains exclusive jurisdiction.

3. Arbitration. Not available for child-support determinations under Michigan law.

4. Jury Waiver. Pursuant to Mich. Ct. R. 3.206(A)(5), child-support issues are not triable to a jury.

5. Injunctive Relief. The Court retains authority to issue and enforce income‐withholding orders.

IX. GENERAL PROVISIONS

1. Amendment. Any modification of the New Order must be by subsequent written order of this Court.

2. Assignment. Support obligations may not be assigned except as permitted by federal and state law for public-assistance reimbursement.

3. Severability. If any provision of the New Order is found unenforceable, the remainder shall continue in full force.

4. Integration. The New Order, together with any written findings and exhibits incorporated therein, constitutes the entire support agreement between the parties, superseding all prior inconsistent provisions.

5. Electronic Signatures. Signatures transmitted via facsimile or in PDF format shall be deemed originals for filing purposes, subject to any local e-filing rules.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned verify under penalty of perjury that the foregoing statements are true to the best of their knowledge, information, and belief.

Date: ___, 20_

VERIFICATION

I, [Name], declare that I have read the foregoing Petition and that the statements made herein are true and correct to the best of my knowledge, information, and belief.

[Petitioner / Respondent]

Subscribed and sworn before me on ___, 20_
in the County of __, State of Michigan.

Notary Public, State of Michigan
My Commission Expires: ____

[// GUIDANCE: Attach the following required exhibits before filing:
• Exhibit A – Completed UCSO, UCSO Deviation Addendum (if applicable), and MCSF Worksheets
• Exhibit B – Most recent pay stubs (minimum 2 months)
• Exhibit C – Federal and state tax returns for the last calendar year
• Exhibit D – Proof of health-care coverage or premiums]