How Is Child Support in Michigan Calculated?
Michigan child support law is very clear and is based on a strict formula. This formula is also referred to as "the Michigan child support guidelines". This formula can be found in the Michigan Child Support Formula Manual.
What Is the Michigan Child Support Formula Manual?
The Michigan Child Support Formula Manual can be downloaded from the Michigan State Court Administrative Office’s web site.
here are certain factors that are used to determine the amount of child support, medical support and child care obligations.
- Mother's net income
- Father's net income
- Number of children of the parties
- Overnight parenting time of each parent
- Other support obligations
- Custody of other children
- Health care costs
- Child care costs for the minor children in the case
Joint custody or equal parenting times does not necessarily mean that there is automatically no child support awarded to either party. Because the Michigan Child Support Guidelines takes into account each of the parent's income and the health care costs, one party may still owe the other party child support even if they have equal parenting time and/or joint custody.
Contact the Michigan Child Support Attorney at Ziulkowski & Associates if you have a Michigan Child Support problem in Macomb, Oakland, Wayne, St. Clair, Genesee, and Lapeer County.
The bills of the parties. The formula does not consider the bills of either party.
Parenting time for the party who pays support. Regardless of whether the non-custodial parent exercises or is denied parenting time, child support is still owed. Parenting time and child support are two separate issues. You cannot refuse to pay child support if you are not seeing the child. If there is a parenting time issue, refusing to pay child support is not the answer. A motion should be filed with the court to address these issues.
A new spouse. Generally, remarriage and the new spouses income are not used to calculate child support. However, if the remarriage effects net pay, that may effect child support.
Unemployment. Unemployment does not effect a party's obligation to pay child support. If a party has no income, or is under employed, the Court may determine that the party has the ability to earn an income and “impute” income to the party and bases the amount of support on that imputed or presumed income.
Contact the Michigan Child Support Attorneys of Ziulkowski & Associates if you have a Michigan Child Support problem in Macomb, Oakland, Wayne, St. Clair, Genesee, or Lapeer County.
In Michigan, if circumstances change, the court may enter an order modifying child support, either increasing or decreasing the obligation based on the Child Support Guidelines. However, unless otherwise agreed by the parties, the court will not retroactively modify child support. So, if you have a change in circumstances, you should immediately file a Motion Regarding Child Support. This can be done on your own, through the Friend of the Court (forms can generally be found on your local Friend of the Court web site or at their physical office), or with the assistance of an attorney.
Child support is always modifiable even if the parties had previously agreed that no child support would be required. If one party files a motion to modify the support, the court can award child support at a later date.
Contact Ziulkowski & Associates if you have a Michigan Child Support modification issue in Oakland, Macomb or Wayne County.
Most child support orders provide that support be paid through the Michigan State Disbursement Unit. This Unit is responsible for child support enforcement. However, if the parties agree to direct payment, they may be permitted to opt out of Friend of the Court entirely.
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