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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 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:

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.

What does a Child Support Attorney DO?

My first job as a Child Support Attorney is to protect my client.I need to make sure that my client is able to protect their children and make sure that the proper amount of child support is being paid.

Many clients come to me because they are looking for a Child Support Lawyer. Sometimes, they are actually looking for a Divorce Attorney because their spouse moved out and they are now the Custodial Parent and have taken on all of the responsibility for their children. Michigan Law does not allow parents to avoid their Child Support Obligations, just because they moved out of the marital home. If a divorce is filed, the first action we take is to get a Child Support Case started and get child support started as soon as we can.

Sometimes clients have other Family Law Matters, such as Paternity. Even if parents are not married, the Custodial Parent is still entitled to Child Support. Too many parents are not aware of this Child Support Obligation. The process of getting Child Support starts with meeting with us as your Child Support Lawyer. We then prepare the necessary paperwork that must be filed with the Court. We will discuss the necessary information for Calculating Child Support to determine the proper Amount of Child Support that applies to your situation.

The main factors for determining the Amount of Child Support are:

Other factors for Calculating Child Support include the cost of any daycare and the cost of health insurance for the child. The Court is required by law to follow the Michigan Child Support Formula Guidelines as set forth by the Michigan Supreme Court. Sometimes the Custodial Parent wants to make Child Support Arrangements with the Non-Custodial Parent, but Courts are reluctant to allow those agreements because they are required to follow the Guidelines. Michigan allows Deviations to the Child Support Obligations only in special circumstances.

Once the Child Support Obligation is determined, the Court is required to sign a Uniform Child Support Order, clearly stating the Child Support Obligation, which also requires the employer of the paying parent to pay that Child Support directly to the State of Michigan. The Child Support is then paid to the Custodial Parent. This Order is also called an Income Withholding Order.

A standard provision in every Child Support Order is that when the Child Turns 18, the Child Support Obligation will end, unless the child is still in high school. In any event, Child Support Obligations will not go beyond the age of nineteen and one-half years for the child.

A common question about every Child Support Obligation is, who pays for the Medical Expenses for the child? Each Parent is required to pay a certain percentage of the uninsured health care expenses based on their incomes. The percentage of those uninsured health care expenses is determined at the same time as the Child Support Obligation and is a part of the Uniform Child Support Order.

Sometimes people are looking for a Child Support Lawyer because a parent stopped paying their Child Support Obligation, even though there is a Child Support Order. We represented a parent in Novi who needed help because the father decided to only pay one-half of his court-ordered Child Support Obligation. Our client is now entitled to over $70,000 in past-due child support. This never would have happened if our client had contacted our office years ago. The longer you wait, the less money you will have to support your family.

In another Novi case, we were able to get full custody for our client who was the father. The mother believed that she should not have any Child Support Obligation to pay child support, even though the father had been paying child support ever since their divorce. It does not matter who did or did not pay child support in the past. All that matters is who is the Custodial Parent and how many overnights the child, or children, stays with each parent.

It is important to have a knowledgeable Support Attorney in all Family Law Matters to make sure you are receiving the proper amount of child support, and in some cases, not paying more child support than required by law.

Rules of Child Support

Other rules you should know that apply to child support include:

It 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.
That 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 expen