Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

616.608.4634

Child Support

Top Child Support Questions Answered

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HOW IS CHILD SUPPORT CALCULATED IN MICHIGAN?

ANSWER: The amount of child support is calculated using the Michigan Child Support Formula. It takes into account the following factors:

  • The parents’ incomes
  • The number of nights per year (“overnights”) the child spends with each parent 
  • The number of children supported
  • Health care costs
  • Child care costs
  • Other factors

CAN ITEMS I PURCHASE FOR MY CHILD COUNT TOWARDS MY MONTHLY CHILD SUPPORT OBLIGATION?

Child support

ANSWER: It is assumed parents will purchase items for their children, above and beyond paying their monthly child support obligation. These additional purchases will not reduce your monthly child support obligation. (see blog “How is Child Support Calculated in Michigan”)

IF I HAVE 50/50 CUSTODY, WILL I STILL BE REQUIRED TO PAY CHILD SUPPORT?

ANSWER: You will be given credit for the amount of overnights you have each year.  However, this does mean you will not have a child support obligation. (see blog “How is Child Support Calculated in Michigan”).

DO I HAVE TO PAY CHILD SUPPORT IF I HAVE NO PARENTING TIME?

ANSWER: Even if you don’t have parenting time with your children, you will be required to pay child support. Parents have an obligation to support their children. This means financial contribution to ensure your children have food, clothing, and their other basic needs met. So, even if you have no parenting time, you will still be required to pay child support.

CAN I STOP PAYING MY CHILD SUPPORT OBLIGATION IF MY EX IS WITHHOLDING PARENTING TIME FROM ME?

ANSWER: Parenting time and child support issues are enforced separately. Because these two issues are enforced separately, you may not withhold child support if you are being denied your parenting time. Child support orders are enforceable whether you are receiving your parenting time or not. If you stop paying child support because your ex is keeping the children from you, you will only accrue an arrearage and eventually you will be held in contempt of court for failure to pay your child support obligation.

DOES CHILD SUPPORT END AUTOMATICALLY WHEN MY CHILD REACHES 18 YEARS OF AGE?

ANSWER: Child support normally stops when a child turns 18 but will continue if your child is 18 and 19 ½ if your child:

  • Attends high school full-time, 
  • Has a reasonable expectation of graduating, and
  • Lives full-time with the parent that gets child support or at an institution

HOW DOES CHILD SUPPORT GET PAID IF MY EX GOES TO JAIL/PRISON?

ANSWER: If the parent ordered to pay child support is incarcerated, their obligation to pay child support does not automatically end. The incarcerated parent must file a motion with the court to seek a suspension of their child support obligation. If their motion is granted, the incarcerated parent will no longer be obligated to pay child support while they are incarcerated. The incarcerated parent may also contact the Friend of the Court to request assistance. Friend of the Court will review their request within 14 days of receiving notice that a parent has been incarcerated and recommend any necessary support changes.

When your ex is released from incarceration, your child support does not start back up automatically. You must contact Friend of the Court to have them review your case, or you must file a motion with the court. 

WHO KEEPS TRACK OF CHILD SUPPORT PAYMENTS?

ANSWER: If your child support obligation is being paid through the Michigan State Disbursement Unit (MiSDU), a full accounting of your payments will be available to you (typically online).

LEGAL REPRESENTATION AND SUPPORT.  GRAND RAPIDS ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

Laurie Schmitt of Schmitt Law, PLLC is responsive to the fact that family issues such as child support are both complex and emotionally taxing. That’s why Schmitt Law, PLLC strives to guide clients through the process as effectively and efficiently as possible while also minimizing the emotional toll it takes on clients. Schmitt Law, PLLC will ensure your monthly child support obligation is calculated correctly, and that you receive all credits you are entitled to. To schedule a consultation or learn more about our services, contact Schmitt Law, PLLC online or call (616) 608-4634. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

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.