Child support covers the basic costs of raising a child — such as clothing, shelter, and food — as well as health insurance, education, and medical care. Michigan courts use a child support formula to determine how much one parent must pay the other. More on this below.
Child support arrangements can lead to conflict after a divorce or separation. In many cases, an attorney is necessary to resolve conflicts when parents cannot do so among themselves. If you find yourself in this situation, the legal team at Alward Fisher, Attorneys at Law, are here to make sure you know your rights and options. Contact us today to schedule a free, confidential consultation.
What Does Child Support Cover in Michigan?
Michigan judges use a formula to calculate child support payment obligations, which are contained in a Uniform Child Support Order (UCSO). The formula considers each parent’s income, the number of overnight visits the child spends with each parent, healthcare premiums, and many other factors.
So, what expenses are normally included in child support? The amount ordered in a UCSO must cover base necessities, such as:
- Housing
- Utilities
- Food
- Clothing
- Education
- Medical treatment
Providing a child with necessary medical treatment usually requires that parents obtain health insurance. If parents are unable to agree on who will carry insurance for a child, a judge will decide which parent must carry the insurance based on several factors, including but not limited to each parent’s access to insurance from their employer or eligibility for state/federally funded programs (e.g., Medicaid).
Expenses that are not covered by insurance fall into two categories: ordinary medical expenses and additional medical expenses. Ordinary medical expenses include things like co-pays for office visits, medical procedures, and prescriptions. The amount allotted to cover these expenses is calculated based on the Michigan Child Support Formula. Currently, ordinary medical expense averages are:
| Number of Children | Annual Amount |
| 1 | $454.00 |
| 2 | $908.00 |
| 3 | $1,362.00 |
| 4 | $1,816.00 |
| 5 or more | $2,269.00 |
When uninsured expenses exceed the ordinary medical expense average, it is then considered to be an additional medical expense. A judge will determine what percentage of uninsured expenses a parent pays based on their income. The parent receiving child support is responsible for tracking, documenting, and providing proof of expenses in order to request payment from the other parent.
Michigan child support guidelines also account for childcare expenses. If a child is under 12 years old, the judge can order a certain amount for work-related childcare expenses. These payments can allow parents to keep their current jobs, seek employment, or pursue the education necessary to improve their professional opportunities.
What Does Child Support Not Cover?
Child support generally does not cover costs beyond the child’s basic needs. However, raising a child requires paying for more than a home, education, food, and healthcare. For example, many children participate in extracurricular activities, get cars once they can drive, and go on family trips from time to time. Of course, none of this comes without a cost.
Family law judges do not account for these extra costs in their child support calculations. So, parents must negotiate among themselves about these additional expenses based on their unique circumstances to ensure they adequately provide for their children. To illustrate, additional expenses might include things like:
- Cell phones and other electronics
- Summer camp fees
- Car payments and insurance premiums
- Airfare to visit relatives
- Extracurricular activities
Can Child Support Be Modified in Michigan?
Yes. You can file a petition asking a court to modify a child support order, provided you have experienced a significant change in circumstances. Qualifying changes include the following:
- Your child’s basic needs change
- Your child turns 18 and is no longer attending school
- Your custody arrangement changes
- You get a new job or a raise
- You lose a job or source of income
- Your childcare expenses go up
- You start paying for your child’s health insurance
You can file a petition to modify your child support order with your county’s circuit court clerk and the Friend of the Court (FOC) referee assigned to your case. You must pay a filing fee when you submit your petition, but you can ask the clerk to waive the fee if you cannot afford it.
After you submit the petition, a hearing will be scheduled before a family court judge or FOC referee. Referees are not judges, but they send reports and recommendations to judges following modification hearings. Judges review these recommendations and decide whether a modification is appropriate. You should receive a copy of the FOC’s recommendation, and you can file an objection if you disagree with their opinion.
When you file a petition to modify your child support order, be sure you have the right financial information and other necessary documentation to support your request, such as:
- Bank statements
- Income tax returns, pay stubs, and W-2s
- Childcare expense records
- Social Security statements if you receive disability benefits
In general, you can ask the court to modify the order if a significant change in circumstance occurs. For example, if your child’s other parent starts earning significantly more, you could request an increase in your support payments. Similarly, if you lose your job, you could ask the court to lower your payment obligations.
How Is Child Support Collected in Michigan?
The Michigan State Disbursement Unit (MiSDU) collects child support payments from the paying parent and sends the money to the receiving parent. State law requires the MiSDU to transfer child support payments electronically. That means the receiving parent can collect child support payments through a debit card or direct deposit.
Requesting child support payments via check might be possible under very specific circumstances. State law allows checks if the parent receiving child support payments has trouble accessing electronic payments. For instance, a receiving parent could request that their child support payments be delivered by check if they have a language barrier or a disability. Another exception to the electronic-only rule exists for parents who work or live more than 30 miles from their financial institution or an ATM.
What If a Parent Is Behind on Child Support Payments?
If a child’s parent is behind on payments, you may file a complaint with your assigned Friend of the Court requesting a show-of-cause hearing, where the paying party will be required to appear before the court and explain why he or she is not making payments. If the parent is found to be in contempt, the court has access to various enforcement tools, including:
- Income withholding
- Liens on real or personal property
- Wage garnishment
- License suspension
- Further court action
It is important to remember that parenting time cannot be withheld because the paying parent is behind on child support payments.
Consult With an Experienced Child Support Attorney in Traverse City, Michigan
Alward Fisher is a full-service law firm with a knowledgeable and compassionate legal team ready to help with your case. We have more than 100 years of combined legal experience and provide our clients with dependable representation and support. If you are trying to enforce a child support order or struggling to make ends meet with an existing order, remember that you do not have to face your situation alone.
The Traverse City child support attorneys at Alward Fisher are here for you every step of the way. Contact us today to schedule a free, confidential consultation. We are ready to make sure you know your rights and pursue the best possible outcome for your family.
- About the Author
- Latest Posts
At Alward Fisher, we provide more than savvy legal representation. We provide peace of mind. Peace of mind for your business. Peace of mind for your family. And the peace of mind for your future. No matter what types of legal challenges you are facing, we can help you find solutions.