Michigan Child Support Lawyers

Understanding Child Support in Michigan

Child support in Michigan is designed to prioritize the best interests of the child. As a result, there is a complex set of child support laws and guidelines in place that impact both parents.

These laws include a Section 722.26a, which requires both parents to contribute to the financial support of their children based on the child’s needs and each parent’s resources.

Child support payments help cover basic necessities such as food, clothing, housing, medical care, and education. In many cases, the court will also include provisions for health insurance, child care costs, and other expenses.

Additionally, Section 552.519 stipulates that child support amounts are the result of the calculation of a number of factors, which are found in the Michigan Child Support Formula.

These factors include:

• Each parent’s income
• The number of nights the child spends with each parent
• Health care costs
• Childcare expenses
• The number of children being supported

These and other factors will be used to establish child support payments that are typically due at the beginning of each month.

It’s important to remember that child support is the right of the child, not the custodial parent. Therefore, support cannot be waived by a parent and must be handled through proper legal channels.

Having experienced child support attorneys at Heath & Kolomjec will help ensure that support calculations are fair and in compliance with Michigan’s child support laws and guidelines.

Establishing Child Support Orders

Child support orders in Michigan are typically established as part of a divorce, separation, custody, or paternity case.

The process can begin in a few different ways, depending on the circumstances:

Divorce or custody proceedings

If parents are divorcing or formally determining custody, child support will be addressed in the court proceedings. As part of this process, the court will apply the Michigan Child Support Formula (mentioned above) and issue an order for the non-custodial parent. In some cases, both parents are ordered to pay support.

Paternity actions

When a child is born to unmarried parents, paternity must be established before a child support order can be issued. This can be done voluntarily, as established by the Acknowledgment of Parentage Act, which involves filling out a legal form. In certain situations, the court may issue an order following DNA testing to establish paternity.

Assistance from the Friend of the Court

Michigan courts provide help with calculating, recommending, and administering support orders through what is known as the Friend of the Court (FOC).

The FOC uses financial information from both parents to determine the recommended amount based on the Michigan Child Support Formula and ensures the court has the necessary details to enter a legally-binding support order.

If you’re seeking to establish child support, the lawyers at Heath & Kolomjec are ready to help. Let us provide the guidance needed to establish support orders while protecting the rights of custodial or non-custodial parents.

Modifications of Child Support

Life circumstances often change for families. As a result, there may be a significant change in a parent’s income, the needs of the child, or a living situation.

When this happens, requesting a modification of the existing child support order may be necessary.

Grounds for modification

Under Michigan law, a child support order may be reviewed and modified if:

• There is a change in either parent’s income (e.g., job loss, promotion, or disability)
• The custody or parenting time arrangement has changed significantly
• The child’s needs have changed (e.g., new medical expenses or educational costs)
• At least three years have passed since the last order was entered or reviewed

Either parent may request a review of the support order through the Friend of the Court or file a motion with the court to modify support.

The modification process

The process typically begins by filing a Motion to Modify Child Support. From there, The Friend of the Court may conduct a support review and make a recommendation. If both parents agree with the recommendation, it may become a new court order. If not, a hearing will be scheduled, and a judge will make a final decision after examining all of the evidence.

Keep in mind that a modification is not retroactive. Support will only be changed from the date the motion is filed, not from the date your circumstances changed. So if you believe your child support order no longer reflects your financial reality, it is in your best interests to act quickly.

Our child support lawyers are ready to help you modify a child support order if there has been a significant change in your income, employment, or other circumstances in life.

Enforcement of Child Support Orders

Once a child support order is in place, both parents are legally bound to follow it.

In Michigan, the Friend of the Court is responsible for monitoring payments and enforcing child support orders when necessary. If a parent fails to pay child support, they may face serious legal and financial consequences.

These consequences include:

• Income withholding orders – Payments can be automatically deducted from the paying parent’s wages.
• Tax refund intercepts – Past-due support can be taken from state or federal income tax refunds.
• License suspension – Driver’s licenses, professional licenses, hunting/fishing licenses, and even passports can be suspended for non-payment of child support.
• Contempt of court – Willful failure to pay child support can lead to court proceedings and possible jail time for contempt.
• Credit reporting – Delinquent payments may be reported to credit bureaus and negatively impact the credit of the non-paying parent.
• Liens and seizure of assets – The state can place liens on property or seize bank accounts and other assets belonging to a non-paying parent.

If you’re a parent struggling to collect child support or facing enforcement actions, it’s important to seek legal counsel to quickly rectify the situation.

The child support attorneys at Heath & Kolomjec can help you efficiently navigate enforcement proceedings and protect your rights.

We know how to guide matters, enforce a court order, and what additional steps to take in order to secure the financial support your child deserves.

Deviation from standard guidelines

Although the Michigan Child Support Formula is the standard method for calculating support, certain cases require deviation from these standard guidelines.

Courts have the discretion to depart from the formula if applying it would be unjust or inappropriate, according to Section 552.605.

Some situations that may justify a deviation include:

• A child has extraordinary medical, educational, or care needs
• A parent provides other significant contributions (e.g., housing or transportation)
• The child spends substantially more or less time with one parent than reflected in the parenting time schedule
• A parent has additional support obligations for other children that are not covered in the current order
• One parent has unusually high or low income

To obtain a deviation, the court must receive specific written findings outlining the circumstances surrounding the parent’s unique situation.

These findings must clearly demonstrate that applying the formula would result in an unjust or inappropriate outcome, and that the reason for the deviation serves the best interests of the child.

If you believe your child support order warrants a deviation, our child support lawyers can provide strong legal arguments and supporting documentation.

Get Trusted Legal Help for Your Child Support Case

Navigating child support issues can be stressful and emotionally charged. Whether you’re seeking to establish a fair support order, enforce a court order, or respond to a request for modification, having experienced legal guidance can make all the difference in the outcome.

The attorneys at Heath & Kolomjec will work closely with you to understand your goals and develop solutions that reflect your unique circumstances. Let us use our 60+ years of legal experience to protect what matters most to you.