Divorces that involve children are quite emotional for everyone involved. Some of the most contested matters in these divorces are child support issues. While no one would disagree that it is important to financially support children, there are those who use child support arguments as a weapon in divorce cases, often to the detriment of the children. At Collis, Griffor & Hendra, our lawyers can assist you with all aspects of family law, and we will work diligently to protect the interests of both you and your children. When a child support issue arises, people throughout Washtenaw County turn to our attorneys for help. We are ready to help you with your case, too. Contact a child support attorney from Collis, Griffor & Hendra today to schedule a consultation.
Child Support Laws in Michigan
In Michigan, there is a child support formula that helps resolve a majority of support cases. However, the formula is far from perfect and can be altered in certain circumstances. Parents are required to pay child support until the child reaches age 18 or graduates from high school, whichever occurs later. It is important to note that they will not be required to pay beyond 19.5 years of age. To ensure that the parent is making payments, support payments are typically withheld from the payer’s employer.
How Is Child Support Calculated in Michigan?
In Michigan, child support is calculated using what is known as the Michigan Child Support Formula. This formula is designed to create a fair and consistent method for determining support obligations, taking into account the financial circumstances of both parents. While the formula is used in most cases, it is important to understand that it is not always applied rigidly, and courts may deviate from it when appropriate. The formula considers a number of factors when determining the amount of support, including the following:
- The income of both parents, rather than just the parent who will be making payments, to ensure that the financial responsibility for the child is shared appropriately between the parties.
- The number of overnights each parent has with the child, as parenting time can directly impact the amount of support that is ultimately ordered.
- The cost of health insurance for the child, including which parent is responsible for maintaining coverage and how those costs are allocated between the parties.
- Childcare expenses that are necessary for a parent to work or attend school, which may be added into the support calculation to reflect the real cost of raising the child.
- The presence of other children or existing support obligations, which may affect a parent’s available income and overall financial responsibilities.
What Counts as Income for Child Support?
When determining child support in Michigan, the court will look closely at each parent’s income. However, income is not limited to just a regular paycheck. Instead, the court considers a broad range of financial resources to ensure that the support amount reflects a parent’s true earning capacity. Income for child support purposes may include the following:
- Wages or salary earned through employment, including regular hourly or salaried compensation from an employer.
- Bonuses, commissions, and overtime pay, particularly when these forms of income are consistent or expected as part of a parent’s overall earnings.
- Self-employment income, which may require a closer review of business records, expenses, and net profits to determine an accurate figure.
- Unemployment benefits, disability payments, or other forms of replacement income that a parent may be receiving.
- Investment income, rental income, or other sources of passive earnings that contribute to a parent’s overall financial situation.
Child Support Modifications
When a child support order is established during a divorce, everyone involved is required to abide by the court’s decision. However, the court cannot predict the future and usually understands if child support needs to be modified in the future. Child support may be altered to reflect current income at any time upon motion of a party, even after divorce and final orders in custody, support, and paternity cases. There are a number of circumstances that may warrant a modification of child support, including:
- A significant increase or decrease in either parent’s income, whether due to a job change, job loss, promotion, or other change in employment.
- A change in parenting time, such as one parent having the child for more or fewer overnights than originally ordered.
- Changes in the child’s needs, including new educational, medical, or childcare expenses that were not previously considered.
- A parent becoming unemployed or underemployed, whether voluntarily or involuntarily, which may impact their ability to pay or contribute.
- Changes in health insurance coverage or costs for the child, including which parent is responsible for maintaining coverage.
- The birth or adoption of additional children, which may affect a parent’s financial obligations and available income.
Enforcing Child Support in Michigan
There may also be situations where the payer is not abiding by their court-ordered child support payments. The court can respond to this situation in a number of ways. A higher income can be imputed to a party that chooses to work below their earning potential or voluntarily reduces income to try to avoid child support. If a party fails to pay child support, they can be jailed for contempt of court. However, a party cannot withhold parenting time if a parent is not paying support. The proper recourse is to contact a child support attorney or the designated friend of the court for enforcement.
Contact a Washtenaw County Child Support Attorney
Family law cases involving child support can be overwhelming and emotional for everyone involved. Trying to deal with these situations on your own is never a good idea. Hiring an attorney who is familiar with this type of law and other legal matters in Michigan is the best way to ensure the most positive outcome for your situation. At Collis, Griffor & Hendra, we are here to help you get through these troubled times. Contact us today to schedule an appointment so we can discuss your child support concerns.
