Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

616.608.4634

Calculation

Child Support – The Most Frequently Asked Questions

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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?

child support

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.

How Is Child Support Calculated In The State of Michigan?

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In the State of Michigan, child support is established reviewing several factors.  These factors are entered into a software program, used to calculate who will pay support, and how much they will pay.  The party paying support is known as the payor, and the party receiving support is known as the payee.

The following is a quick breakdown of the major factors used to calculate a child support obligation:

1.  Income of the parties.  The gross income of the parties is entered and the software program calculates the party’s net income (net income means all income minus the tax deductions).  The list is much more comprehensive than what is included here.  But, for the purpose of this blog it includes the most common types of income. Income includes wages, overtime pay, commissions, bonuses, tips, military specialty pay (to include allowances for quarters and rations).  If one party owns a business, all earnings generated from a business are considered.  And, any distributed profits or payments from profit-sharing, a pension or retirement are considered. In essence, if you earn it, it is considered income for the purpose of calculating child support.

2.  Child Care Expense.  The actual cost of child care is entered into the software program to allocate each parent’s percentage share of that obligation.  The more child support being paid, the more child support that will be paid by the payor.  The actual cost of child care must be documented and a form must be completed by the daycare provider.

3.  Health Care Coverage Premiums.  Is one or both parties paying for health insurance for the minor children?  If so, that party is given credit in the software program for the amount being paid for the premium associated with the health care for the minor children (not the total premium: what they pay in total for themselves and the minor children).

4.  Additional children from other relationships.  If one party has children from another relationship (with someone other than the other parent in the case under consideration), then they are given a “second family” credit.  These children must be living in that parent’s household or that parent must be paying child support for them in order to be given the second family credit.

5.  Tax Credits.  Who will be claiming the tax exemption credits for the minor children?  This information is used in the software program as another factor in calculating the payor’s child support obligation.

6.   The number of overnights each of the parties will be exercising.  It is no secret that in the State of Michigan, the more overnights exercised by the payor, the less child support the payor will be required to pay.

As this subject matter is very complex, and this blog does not discuss all factors used to calculate child support, it is important to discuss this matter with a skilled family law attorney.  For more information about child support, contact me, Laurie Schmitt, Attorney at Law, at Schmitt Law, PLLC, by calling 616-608-4634.