Divorce

Michigan Child Support

In the state of Michigan, child support law is clear. Michigan child support law is based on a strict formula known as guidelines. The Michigan child support guidelines are calculated by using the Michigan Child Support Formula Manual. The Michigan Child Support Formula Manual is established and updated by the Friend of the Court Bureau of the Michigan State Court Administrative Office of the State of Michigan.

Michigan Child Support Formula Manual

The Michigan Child Support Formula Manual can be downloaded from the Michigan State Court Administrative Office’s web site at http://courts.mi.gov/scao/services/focb/mcsf.htm.

Factors Considered In Awarding Child Support

Factors in the Michigan Child Support Formula Manual that are used to determine the amount of child support, medical support and child care obligations are:

• Mother’s net income
• Father’s net income
• Number of children of the parties
• Custodial arrangements
• Spousal support between the parties
• Other child support obligations, or custody of other children
• Health care costs for the minor children
• Child care costs for the minor children

Factors that some people assume are part of the calculation, but are not, are as follows:

• The bills of the parties. The formula does not consider the bills of the parties.
• The lack of visitation for the party who pays the support. Sometimes a non-custodial parent believes that if he/she doesn’t get to see their child, they shouldn’t have to pay child support. This is incorrect. Parenting time and child support are two separate issues. Child support is still due, even if the parent paying the support is not exercising his/her parenting time.
• The new spouse of a party. If a party marries another person, that new spouse's income is not used in the formula.
• Some people believe that if they don’t have a job, they won’t have to pay support. This is incorrect. If a party has no income, or is under employed, the Court may “impute” income to the party. Imputation of income means that the Court determines a party has the ability to earn a certain income and then bases the order on that amount of imputed income.

Child Support May Be Modified

In Michigan, once child support is set by the Court, it may be changed in the future, but only if the requirements set forth in the Michigan Child Support Formula are met. It is important to note that child support can only be changed going forward, and cannot be retroactively modified.

Payment Of Child Support

Currently, court orders for child support in Michigan generally require child support payment to be made through the state centralized payment and distribution center for child support, the Michigan State Disbursement Unit. The Michigan State Disbursement Unit is also responsible for Michigan child support enforcement. It is possible to avoid payment through the Michigan State Disbursment Unit, and make direct payments to a party, but that would need to be approved by the judge in your case, and may require opting out of the Friend of the Court entirely