An Overview of Michigan Child Support
Child support is one of the most contested issues in all of family law. Whether you are the one receiving it or the one paying for it, most people feel it is somehow unfair to them.
Under Michigan law, children have the legal right to child support. This makes sense because children cannot provide for themselves, and no child should go without the necessities of life such as food, clothing, and shelter. But the matter becomes complicated because children cannot receive support money directly; it must be delivered to their custodial parent for proper use. And that’s where the problem begins.
This blog explores the basics of child support in Michigan and the court’s ongoing efforts to “keep it fair.” As you read this, please keep in mind that the Michigan Child Support Formula is in a constant state of evolution as a result of new rulings. The best way to obtain the most up-to-date information by speaking with a family law attorney to look at the particulars of your situation.
The Basics of Child Support in Michigan
Child support in Michigan is determined by the Michigan Child Support Formula (MCSF). To be clear, the formula is NOT a guideline. Rather, it is a formula that must be followed in every single custody case. This means child support should be calculated the exact same way no matter which county you live in or which judge is assigned to your case. The formula always applies, except in certain circumstances which may warrant a court-approved deviation.
As a point of comparison, divorcing adults do NOT have the legal right to spousal support (aka alimony). As such, Michigan laws provide guidelines for spousal support but there is no set formula that must be followed because it is not warranted in every case.
Child support in Michigan is determined by two primary factors, income and overnight parenting time, with other factors including costs for childcare, healthcare, other support obligations, and the like. An accurate calculation will include all of this information for both parties.
Once established, child support can be modified based on a change in circumstances. Common examples include job loss, extreme health problems preventing employment, and a significant shift in parenting time.
The Income of the Parties
If there is an income disparity between the parties, chances are someone will pay child support. The definition of “income” for use in the Michigan Child Support Formula (MCSF) is extremely inclusive, and virtually any payment or economic benefit of an employed person that would otherwise avoid a personal expense is included in income.
Many people only have one source of income, which is typically their job. This makes calculating child support relatively simple because the numbers entered for income are rather clear and precise. If a parent’s income has changed over the past few years and they are not sure if they will be able to sustain their current salary, then common practice is to take an average of that person’s last three years of income and use said average in the formula.
The matter grows increasingly complicated, however, when the higher wage earner has multiple sources of income. Then, the task is to determine their true income for purposes of calculating child support. This can cause a lot of confusion and debate, particularly when the person is a business owner. In fact, questions about income are litigated with relevant frequency, which is why the formula is constantly updated from year to year. A few examples of “potential income” that have been litigated in the past include straight-line depreciation, rental income, withdrawals from savings for living expenses, gains from sale of real property, one-time sale of assets, non-income producing assets, and IRA withdrawals.
At the Bloomfield Family Law Firm, we take a customized approach to every case and tailor a plan that is just right for your situation. Sometimes this means bringing financial experts on board at an early stage in preparation for the question about income. Other times it means aggressively pursuing financial documentation from the other party
The Battle of the Overnights
If one parent has the child for more overnights than the other, chances are someone will pay child support. Although the courts are showing an increasing deference to “50/50” as a starting point, splitting the overnights equally does NOT mean child support will automatically cancel out. This is especially true when one parent earns more income and/or contributes more to healthcare, childcare, and the like.
There are many online resources for calculating child support in Michigan. We encourage you to run the numbers with different overnights to see for yourself how the child support amount does (or does not) change.
It is important to use caution when discussing child support with your spouse or with a court representative because you do NOT want to give the impression that you are financially motivated to spend more time with your children. For this reason, it is best to discuss your financial concerns in a confidential setting with your attorney prior to making any formal arrangements.
We strongly encourage all of our clients to pick the overnight plan that works best for their children. Remember, having less than 50% parenting time does not make anyone less of a parent. It simply recognizes that 50/50 is not always practical. Start by filling out a calendar with everyone’s schedules. Then, make a careful analysis of the pros and cons of the parenting plan you want. If a 50/50 plan during the school year is not the best option, consider alternatives like more parenting time during the summer and other school breaks. Once you think you’ve settled on a few good options and have discussed it with your attorney, reach out to the other parent to see if you can come to an agreement. If an agreement about custody and overnights can be reached, you will want to submit official court orders right away. If an agreement cannot be reached, then you may have to utilize the services of a neutral mediator or the Friend of the Court.
Our attorneys at the Bloomfield Family Law Firm work diligently with each and every client to develop a customized approach for sheltering and protecting their parenting time. We tend to opt for mediation instead of Friend of the Court referrals. Skilled mediators have a way of explaining things so that the people become better informed, thereby resulting in compromise sooner. Friend of the Court motions and evidentiary hearings, on the other hand, have the effect of kicking the can down the road and only delaying the inevitable.
