Child Support Attorney in Michigan

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 parents’ 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 they disagree 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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