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?
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.
