Child Support in Michigan

Every child has the right to be supported by both parents. Child Support may be addressed in your divorce, child custody action, or any post-decree matter. The Michigan family law attorneys at McKinney Vos can guide you through your initial child support action or any modification of support.

Child Support Calculations:

In Michigan, statute requires that child support be determined based on the Michigan Child Support Formula. The formula relies heavily on the parents’ incomes. The first step in calculating child support is to determine the actual or potential net income of each parent. Such income can be from a multitude of sources.

Other factors used in the formula are as follows:

• Number of children
• Number of overnights each child has with both parents
• Costs a parent pays for the children’s portion of health insurance
• Costs a parent pays for work-related childcare
• Obligations owed to any children the parties may have from other relationships

In most cases, the Friend of the Court collects information from the parties and uses the Michigan Child Support Formula to calculate a recommended child support obligation. The parties can certainly object to a Friend of the Court calculation or request a deviation. However, there are very specific steps parties must take to object to or request a deviation from the Friend of the Court’s calculations. The court is required to make very specific findings when there is a disagreement or request to deviate from the formula guidelines. The court is required to adopt the formula support obligation as orders unless it identifies specific reasons on the record as to why the number computed by the Michigan Child Support Formula is not justified.

What is Covered by Child Support?

In Michigan, child support is meant to cover a child’s basic needs such as contribution to housing, clothes, food, education expenses, basic care items, medical treatment, and childcare. Division of the premiums for the children’s health insurance coverage, childcare, and medical expenses are allocated according to the parents’ respective incomes in the Michigan Child Support Formula.

Extraordinary Expenses:

The Michigan Child Support Formula takes into consideration a certain amount of medical expenses each year for each child subject to the Support Order. Parents will be required to divide any expenses more than the state-specified amount each year proportionate to their incomes as determined by the child support formula.

How Will Child Support Be Paid?

Parents can agree to pay each other directly for any child support obligation. In the absence of such an agreement, support payments are made through the Michigan State Disbursement Unit. The Michigan State Disbursement Unit is responsible for tracking payments and disbursing them to the recipient parent.

What If a Parent Will Not Pay Child Support?

A court-entered child support order is fully enforceable. Unless the court grants an exception, support orders contain income withholding requirements. An income withholding requires the employer of a party owing a child support obligation to withhold a set amount from their pay to comply with an existing child support order. There are other options for collecting child support including: Complaint and Notice for Health-Care Expense Payment, license suspensions, contempt proceedings, jail time, liens, credit reporting, garnishment from other assets, and restriction on travel by withholding passports.

When Does Child Support End?

Child support for each child ends when that child turns 18 years old or when they graduate from high school (if they turn 18 while still in high school). There are some instances in which child support may continue until a child is older, either by agreement or defined in MCL 552.605b.

While child support in Michigan is determined by a formula, there are many complexities and arguments that may be made as to the numbers that are input into the formula. Schedule a free consultation with our family law attorneys to discuss your Michigan child support case, whether it is an initial order or modification of a prior order.