the smart law group
child support
Child Support
Child support in Wayne County and the State of Michigan is arrived at by following specific guidelines set by the law.
So, in every divorce case where there is a minor child or children, the Court is required to order the payment of child support based on the Michigan Child Support Guidelines.
There are very few exceptions to payment of child support according to those Guidelines.
How is Child Support Determined?
Child support is determined by a formula that includes the following factors:
- number of children
- the income of each parent
- payments for health insurance
- payment for daycare (up to the age of 12)
- whether a parent is required to support any other children.
The “Guideline” formula must be followed by the Court unless the Court determines that there is a valid reason for a “deviation” from the mandatory Guidelines.
It is worth noting that a “deviation” from the Guidelines is not typical. Also, in most situations, one parent cannot usually agree to zero support.
Orders of Support and Withholding
In addition to the Order for support, there will also be an Order of Income Withholding requiring the paying parent’s employer to withhold the support directly from the paycheck.
This is also mandatory unless the Court agrees that there is a good reason not to order income withholding.
Rules of Child Support
Other rules you should know that apply to child support include:
- Child support must be paid until the child reaches the age of 18, or graduates from high school, whichever is later, but not beyond 19 years and six months of age.
- Child support can be modified if there is a change in circumstances for either parent.
- Health insurance must be provided for a child through a parent’s employer if available at a reasonable cost. BUT under any circumstances the parents will be required to provide coverage consistent with their ability to pay.
- Uninsured health care expenses are shared on a pro-rated basis as calculated by the Michigan Child Support Guidelines, but not until the parent receiving child support pays a certain amount of those expenses each year.
- >>Once child support becomes due, neither parent can ask for a retroactive change in support that has already become due. The most common example of this becoming an issue is when a parent loses a job, child support will continue to be payable until the Court officially modifies the child support with an Order of the Court and the Court is not allowed to change the past due support, even if the parent had no income.
And failure to pay court ordered child support has serious consequences.
That could result in liens on property, like a house, loss of professional licenses and, in extreme cases, criminal penalties, including jail time.
So if you found us because you’re considering not paying child support or are in a position where you cannot pay it, reach out immediately to help avoid severe penalties.
Divorce Lawyers and the Rules of Support
Despite all of the “rules” described above, issues still often arise as to the information that is used to calculate the support. And that’s where having experienced, effective legal representation can make all the difference.
Issues and Arguments that Shape Support Orders
The issues that influence rulings around the Michigan rules on child support and parenting time can involve arguments over the following:
- how many overnights of parenting time a parent may have
- how income was calculated
- was income hidden
- whether income should be “imputed” to a parent because of an unused ability to earn income
- whether certain assets should be included in the support calculation
- whether there are any extraordinary expenses one parent must incur
- whether there are any other support orders or second families to support
Another issue related to child support is who is entitled to claim a child as a dependent for tax purposes.
Settling Child Support Issues
Child support issues can be complicated! You need an experienced attorney to help you weed through the rules and your current situation. We can help – just schedule a call today.