One of the most asked about parenting issues is child support. Clients have many questions and misconceptions about how child support works in Michigan. The following are the some of the top questions clients ask when they meet with Schmitt Law, PLLC. For the purpose of this blog, each question contains a brief answer. However, there can be far more to the story! If you require more detailed answers, please contact Schmitt Law, PLLC to arrange for a consultation to discuss your specific case.
HOW IS CHILD SUPPORT CALCULATED IN MICHIGAN?
In Michigan, child support is calculated using the Michigan Child Support Formula. The Michigan Child Support Formula takes into consideration the following major factors: (1) both parents’ gross incomes, (2) the amount of overnights each parent exercises (3) the number of children to be supported (4) health care costs and (5) daycare costs. There are many other factors that can be taken into consideration in determining a party’s child support obligation. Contact Schmitt Law, PLLC for more information about how your child support will be calculated.
WHAT IS CONSIDERED INCOME FOR THE PURPOSE OF CALCULATING CHILD SUPPORT?
Income includes all wages, overtime pay, commissions, bonuses, tips, royalties, interest, dividends, or other monies from all employers. Income also includes earnings from any business, profit sharing, pension or retirement, trust fund, unemployment, or disability insurance. There are many other items that are considered income for the purpose of calculating child support. Contact Schmitt Law, PLLC for a detailed discussion about what Michigan considers income for the purpose of calculating your child support.
IF I HAVE A CHILD SUPPORT ARREARAGE, CAN I ASK IT TO BE WAIVED?
Neither the court nor Friend of the Court will waive an arrearage unless the parent receiving child support agrees to waive the arrearage. If the parent receiving child support agrees to waive a part or all of the arrearage, they can contact Friend of the Court and sign a document waiving part or all of the arrearage.
WHAT HAPPENS IF I FAIL TO PAY MY CHILD SUPPORT OBLIGATION?
If you fail to make your child support payments, Friend of the Court will take action to enforce the child support order. Some of the consequences for failure to pay support are that you can be held in contempt of court, your passport can be taken away, your driver’s license can be suspended, other business licenses can be suspended, and you can be sentenced to jail time.
WHEN DOES MY CHILD SUPPORT OBLIGATION END?
In Michigan, child support ends when the child turns 18 years old. However, it can extend to 19.5 years old if the child is still attending high school and lives with the parent receiving the support.
CAN I STOP PAYING CHILD SUPPORT IF I AM BEING DENIED PARENTING TIME?
No! The payment of child support and parenting time are two separate legal matters. If you are not receiving your parenting time as stated in your parenting time order, you need to file a parenting time complaint with Friend of the Court or take action through the court to have your parenting time order enforced.
DO I HAVE A SAY AS TO HOW MY EX SPENDS THE CHILD SUPPORT?
No! There is no specific requirement outlining how the parent receiving child support spends the money. It is assumed that if the child is living with the parent receiving child support, the money is being used for housing, food, and clothing for the child. Child support is for the basic needs of the child, and the parent receiving support may spend the money as they deem appropriate.
DO YOU HAVE QUESTIONS RELATED TO CHILD SUPPORT? GRAND RAPIDS FAMILY LAW ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY. CONTACT SCHMITT LAW, PLLC.
If you have questions about how your child support will be calculated, contact Schmitt Law, PLLC. We partner with our clients to find efficient, effective, and fair solutions. Contact Schmitt Law, PLLC online or by calling (616) 608-4634 for a consultation today.
