Child support in Michigan is based on a formula laid out in the Michigan Child Support Guidelines. It takes into consideration the income of each parent, the number of overnights, tax exemptions, and any medical insurance or child care expenses either parent may pay. Probably the biggest factor affecting which parent receives child support is with whom the child spends the most overnights.
Each Friend of the Court in Michigan has software it uses to calculate the amount of support. Once all the factors are plugged into the formula, the answer is spit out by a calculator. The disagreements typically revolve around either how much money someone makes (especially if they are self-employed) and the number of overnights they exercise.
Joint Custody and Child Support
Contrary to very popular belief, joint legal or joint physical custody does not stop the obligation to pay support. The concepts of custody have to do with making decisions for the kids. It does not mean you don’t have a responsibility to contribute financial support. Also, equal or 50/50 parenting time does not stop support. If there is equal parenting time, say a week on -week off schedule, child support can still be ordered.
When Can You Modify Support?
Child support, like custody and parenting time, remain under the jurisdiction of the court until the kids turn 18 or graduate from high school, whichever is later. Over the years, changes in income or parenting time may require a review of support. If there are significant changes, it is reasonable to review child support.
Parties are entitled to a review every three years by statute whether or not there have been any significant changes. Usually, your Friend of the Court will issue a notice telling you that you are eligible for a review. All you have to do is ask to take advantage of it.
When Does the New Support Amount Kick In?
Any child support change begins, at least in Wayne County, on the first day of the month following the motion filing date. This allows the other parent sufficient time for notice of any proposed modifications. For example, let’s say you lost your job and are on unemployment. You file a motion to modify support on October 12th. If there is any change, it will begin on November 1st.
No Retroactive Modification.
There is no retroactive modification of child support. Ever. Don’t even bother asking. I don’t care how great a reason you may have. If you want your support changed, you need to file a motion immediately. If you lose your job in January but don’t file your request to modify support until June, the modification will begin in July. It will not go back to January and you will still be responsible for any arrears. The takeaway: Do not wait to file a modification request.
If you are thinking about modifying the support you pay or receive, contact a divorce attorney that has the same child support software that the local friend of the court uses. We have it and are able to roughly estimate what support will be. We can run a variety variables and come up with a possible range of scenarios. Sometimes, someone thinks they are paying too much when, in fact, they are not paying enough. It’s good to know before you get started.
Keep in mind that each county, judge and referee may have their own nuances as to how they calculate support. It’s important to hire a lawyer that is familiar with local practice to make sure your support is calculated correctly.
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Chris McAvoy is a Taylor, Michigan attorney and consumer bankruptcy lawyer who helps people with bankruptcy, divorce, and estate planning. To find out more or set up an appointment, click here for contact info. We help people in Taylor, Allen Park, Southgate, Lincoln Park, Riverview, Trenton, Flat Rock, Wyandotte, Brownstown, Belleville, Dearborn, Dearborn Heights, and the Downriver, Michigan area.