If you are considering a divorce or are in the process of separating, one of your primary concerns is understandably the welfare of your children. Child support can be a contentious subject during divorce or separation. But appropriate child support is often an important factor in preserving children’s quality of life when parents part ways. A knowledgeable Traverse City child support lawyer can help you understand your rights and fight for your children’s best interests.
With more than 100 years of combined experience, the Michigan family law attorneys at Alward Fisher have the skills and the resources to look out for your family during this stressful time. Contact us for a confidential review of your case.
How Is Child Support Determined in Michigan?
Under Michigan law, both of a child’s parents have a legal responsibility to support the child financially until he or she reaches adulthood. This includes covering the child’s general costs of living as well as necessary medical or childcare expenses. The term “child support” refers to the amount of money the courts order one parent to pay the other to cover the costs of raising their child.
When parents separate or divorce, one parent often gains primary physical custody of the child or spends more time with them. In family law courts, this parent is called the “custodial” parent. The parent who does not have primary physical custody of the child or typically spends less time with them is the “noncustodial” parent.
In most cases, the courts require only the noncustodial parent to make child support payments, sometimes by withholding money directly from the noncustodial parent’s paycheck. The custodial parent is equally responsible for supporting the child, but family courts presuppose that custodial parents already contribute their share by caring for and making direct purchases on behalf of the child.
Parents cannot eliminate their child support obligations by giving up their rights to custody or parenting time. Even if the courts decide to take away parental rights, the noncustodial parent will still be required to pay child support. Parents have a legal duty to continue making child support payments until the court orders otherwise or the child is adopted.
How Is Child Support Calculated?
The state of Michigan uses a special formula called the Michigan Child Support Formula (MCSF) to calculate the child support obligations of noncustodial parents.
The amount of child support a noncustodial parent must pay is based on multiple factors, including:
- Parents’ income ─ Child support obligations are based on parents’ respective net incomes. A person’s net income is their gross income and earnings minus certain expenses and costs, such as alimony payments or income taxes. Gross income includes salaried wages, hourly wages, overtime wages, bonuses, tips, and money made from investments or rentals. The courts often apply different standards to cases involving parents with net incomes that are either extremely high or below the Low-Income Threshold.
- Healthcare expenses ─ Parents are responsible for the costs of their children’s ordinary healthcare needs — such as preventative care and prescription medications — as well as extraordinary medical expenses. Each parent’s healthcare expense obligation is expressed as a percentage of the cost of the child’s ordinary healthcare needs. These percentages are based on each parent’s net income and cannot be less than 10 percent or exceed 90 percent. When unexpected or extraordinary healthcare costs arise, parents must divide them based on their respective percentages of responsibility in the support order.
- Childcare expenses ─ As with healthcare costs, each parent’s obligation for childcare expenses is based on their respective share of net family income. The court considers childcare expenses reasonable and necessary when parents need childcare assistance in order to seek employment, retain employment, or attend educational programs to improve their employment prospects.
- Parenting time ─ Michigan family law courts assume that when parents spend more time with their children, they will naturally contribute more toward a child’s overall expenses. As such, the MCSF allows parents to offset a portion of their child support obligations based on their share of parenting time. These offsets are typically calculated based on the number of overnights the child will spend with each parent.
- Number of children ─ When separated parents have multiple children in common, the courts typically use multipliers to increase the amount of base support owed by the noncustodial parent. When courts establish their child support orders in these cases, they typically include tiered adjustments that can automatically kick in as the number of children who still need support decreases. Unless a court order specifies otherwise, each child is entitled to an equal share of the total amount of child support paid by the noncustodial parent.
- Other factors ─ If the standard MCSF yields an inappropriate or unjust result with respect to a child’s best interests, Michigan courts have the authority to deviate from the formula at their discretion. The court cannot deviate from the MCSF solely because it disagrees with the formula’s policies or procedures. However, courts may justify deviation in situations involving factors such as children with special needs, parents who temporarily lose all or part of their income, or property that is awarded in lieu of support payments.
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Understanding the Michigan Child Support Statute
Under § 552.451 of Michigan’s Family Support Act, a parent has the right to request a child support order from their county circuit court as long as:
- The parent making the claim is a married parent living separate and away from their spouse, who is a noncustodial parent of their minor child or children in common; OR a non-married custodial parent living separate and away from the noncustodial parent of their minor child or children in common.
- The noncustodial parent refuses to provide appropriate financial assistance for the shelter, food, care, and clothing needs of the child or children.
- The noncustodial parent has the ability to provide appropriate financial assistance for the child’s or children’s needs.
To summarize, either parent has the right to file for child support in court if he or she has primary custody of minor children and the former partner is unwilling to provide financial support for those minor children despite having the ability to do so.
Michigan Child Support FAQs
Here are some answers to the most frequently asked questions we get about child support in Michigan.
Child Support
When does child support end in Michigan?
Michigan parents who are responsible for child support must continue making payments until the end of the month of the child’s 18th birthday. However, the support obligation may be extended until the child reaches 19 and a half, as long as the child still lives with their custodial parent, is still in high school, and can be reasonably expected to graduate.
When can child support be adjusted?
Either parent has the right to ask the Friend of the Court to investigate and review the child support order once every three years. These reviews are meant to ensure the support order continues to meet the child’s needs, not the parents’.
Either parent can also ask the court to modify the child support order when a “significant change of circumstance” occurs. In child support cases, a 10 percent change of income for either parent qualifies as a significant change of circumstances.
What is the Michigan Child Support Formula?
Michigan family law courts use the Michigan Child Support Formula (MCSF) to determine which parent should pay child support and calculate how much support they must pay. The MCSF allows courts to make their determinations fairly and consistently instead of by deciding everything on an arbitrary, case-by-case basis. However, Michigan’s child support guidelines do offer room for deviation from the MCSF in certain circumstances.
Does getting married affect child support?
Michigan law clearly places financial responsibility for child support on the child’s parents alone. If either parent marries a new spouse, the new spouse has no legal obligation to support the parent’s child from a previous partnership.
As a result, the courts do not factor marriage, remarriage, or income from a new spouse into child support calculations, even if one parent marries a new spouse who is significantly wealthier.
How a Traverse City Child Support Attorney Can Help You
You are not required to work with a lawyer as you navigate your Michigan child support case. However, it’s usually in your best interest to do so, especially if you experience any disagreements or disputes with the other parent. A Traverse City family law attorney from Alward Fisher can help you by:
- Reviewing your case and providing seasoned advice regarding your next steps
- Estimating the amount of financial support that is appropriate for your child
- Representing you at family court appearances and fighting for your rights
- Anticipating the arguments of the other parent’s attorney, if they have one
- Negotiating forcefully for a child support arrangement that works for your family
- Providing assistance with your child custody case as well, if necessary
- Helping you petition to modify existing support orders in the future, as needed
Contact a Child Support Lawyer in Traverse City Today
The child support lawyers at Alward Fisher have more than 100 years of combined experience fighting for the rights of families throughout Traverse City and surrounding Michigan. Contact us today to discuss the details of your situation with a trusted family law attorney.