A Family Law FAQ: Michigan Child Support
Child support negotiations can be complicated and cause extreme stress for everyone involved. When navigating the child support process, it’s essential to understand your options.
Here, an experienced family law attorney answers common questions about child support guidelines in Michigan.
What is Child Support?
Under Michigan family law, child support is the court-ordered money a parent pays to assist with the costs of raising their child. This support includes a base amount and additional amounts for medical, dental, and other health care expenses, child care expenses, and school expenses.
Child support can be ordered in a paternity or custody case, a divorce case, or a support case.
Who Pays Child Support?
Using the Michigan Child Support Formula, the judge decides which parent pays the child support and how much they pay. This is determined by factors including the parents’ incomes and how many overnights per year the child spends with each parent.
When Does Child Support Stop?
In Michigan, child support obligations typically stop when the child turns 18. However, a judge can order child support to continue until the child is 19 and a half if the child meets the following qualifications:
- Attends high school full-time,
- Reasonably expects to graduate, and
- Lives full-time with the parent receiving child support.
How is Child Support Calculated?
Instead of determining child support on a case-by-case basis, the court uses the Michigan Child Support Formula to calculate the amount of child support that must be paid. This formula considers several factors:
- Each parent’s income, including wages, commissions, bonuses, contract income, and other types of compensation
- Other income received by each parent, including social security earnings, unemployment, retirement income, spousal support, and more
- The number of children between the parents
- How many nights per year (“overnights”) the child spends with each parent
- Each parent’s tax filing status
- Childcare costs per month per parent
- Healthcare costs
How is child support enforced?
If your ex isn’t paying child support, there are a few ways to enforce child support orders. The Friend of the Court can issue an income withholding order to collect current and past-due support. Under this order, the employer deducts child support and medical support payments from the non-custodial parent’s paycheck and sends the amount directly to the Michigan State Disbursement Unit.
Child support payments can also be enforced by intercepting federal and state tax refunds. In this case, the parent who owes past-due payments above a certain level will receive a notice that explains their right to object.
Additionally, the court can enforce child support orders by suspending, revoking, or denying licenses if a parent is more than two months behind in payments. The court can also deny or revoke a parent’s passport.
Talk to the Experienced Family Attorneys at JAD Law
When navigating child support negotiations or needing to enforce a child support order, having a knowledgeable family attorney on your side is essential. JAD Law is here to help.
Contact JAD Law today to schedule an appointment.
JAD Law serves several counties across Metro Detroit, Michigan, including Macomb, Oakland, St. Clair, and Wayne counties. JAD Law also serves counties across Northern Michigan, including Grand Traverse, Charlevoix, Benzie, Leelanau, and Antrim counties.
