The standard answer is NO that child support modifications are only retroactive to the date of filing a Motion To Review Support, Motion To Change Custody, etc. MCL 552.603(2) provides that "[r]etroactive modification of a support payment due under a support order is permissible with respect to a period during which there is pending a petition for modification, but only from the date that notice of the petition was given to the payer or recipient of support." That is why it is so important for client's to contact us as soon as their pay decreases, lose a job or there is change in parenting time because the longer it takes to file the bigger the financial impact on the client.
However, there is one exception to this rule provided for by MCL 552.603b which permits a court to retroactively correct a child support amount "[i]f an individual who is required by the court to report his or her income to the court or .... [FOC] knowingly or intentionally fails to report, refuses to report, or knowingly misrepresents that income". Our firm used this statute to obtain a nearly $4000 credit to a client's support arrearage because the payee had failed to notify the court that the child was no longer enrolled in a childcare program. It should also be noted that the same retroactive modification issues could be triggered if either party fails to notify the court or FOC of an additional source of income or raise.
Please contact us with further questions on this issue at 517.351.6222 or info@jwbissell.com. Please view our website at jwbissell.com.
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