When parents separate or divorce, making sure their children have financial support is a priority. Questions about monthly payments, health insurance, child care, and changes in income can add uncertainty during an already difficult time.
Understanding how child support in Michigan works can help you prepare for a divorce, address support when parents were never married, or evaluate whether an existing order needs to change. Aldrich Legal Services, PLLC helps parents in Plymouth, Ann Arbor, and surrounding communities understand their rights and responsibilities.
How Is Child Support Calculated in Michigan?
Michigan courts generally must use the Michigan Child Support Formula to determine support. The calculation considers both parents’ finances and the child’s circumstances, rather than applying a single percentage to one parent’s paycheck.
Factors commonly affecting the calculation include:
- Each parent’s income, with deductions allowed by the formula.
- The number of children supported.
- The number of overnights the children spend with each parent.
- Health insurance premiums attributable to the children and medical support obligations.
- Qualifying child care expenses.
- Applicable adjustments for other children or support obligations.
Accurate information matters. Missing income, outdated child care costs, or an incorrect overnight count can affect the result.
What Income Counts for Child Support?
Income for child support can include more than regular wages. Depending on the circumstances, bonuses, commissions, overtime, self-employment earnings, rental income, and investment income may affect the calculation. Taxable income and income under the child support formula are not always the same.
Business owners may need to provide records beyond a personal tax return. The treatment of business expenses and benefits can affect the income used for support.
In appropriate circumstances, a court may also consider potential income, called “imputed income.” This requires an individualized assessment of a parent’s actual ability and reasonable likelihood of earning that income. Unemployment alone does not establish an earning capacity.
Does 50/50 Custody Eliminate Child Support?
No. Equal parenting time does not automatically mean that neither parent pays support. The formula considers both parents’ incomes as well as overnights, and a payment may still be required when parenting time is shared equally.
For example, parents may have a roughly equal overnight schedule but substantially different incomes. Health insurance and child care expenses may also affect the calculation.
The overnight count should reflect the time the children lawfully and actually spend with each parent, subject to the formula’s rules. A significant change in the schedule may justify seeking a support adjustment, but parents should not change payments on their own.
Does Support Include Medical and Child Care Costs?
A Michigan support order generally addresses more than basic living expenses. It can also allocate health insurance responsibilities, ordinary medical support, additional uninsured health care expenses, and qualifying child care costs.
Parents should review the order carefully to understand who must provide insurance, how expenses are divided, and what documentation is required for reimbursement. Keeping invoices, receipts, and insurance explanations of benefits can help prevent disputes.
How Long Does Child Support Last in Michigan?
Child support generally continues until age 18. Under MCL 552.605b, a court may order support beyond 18 while a child attends high school full-time, has a reasonable expectation of completing enough credits to graduate, and lives full-time with the support recipient or at an institution. This statutory extension cannot continue beyond age 19 years and 6 months.
Parents should review the termination provisions in their specific order. The end of current support does not erase unpaid support that has already accrued.
Can a Michigan Child Support Order Be Changed?
Yes. Changes in income, employment, parenting time, or qualifying expenses may warrant a review. Either parent may request an increase or decrease, depending on the circumstances.
Parents can ask the Friend of the Court to review support or file a motion with the court. A review is generally available on a parent’s request every 36 months, with earlier review possible when the applicable requirements are met. Parents do not necessarily have to wait three years to seek a change.
A change in circumstances does not automatically change the court order. Continue following the existing order unless it is changed through the proper process.
Timing matters. Under MCL 552.603, support that has already become due generally cannot be retroactively modified, subject to statutory exceptions. A modification may reach back to the date notice of a pending modification petition was given to the other party. Waiting to address a job loss or other major change can allow additional support to accrue under the existing order.
Can Parents Agree to a Different Support Amount?
Parents may propose an agreed amount, but their agreement does not automatically replace the formula or an existing order. Under MCL 552.605, a court may deviate from the formula when applying it would be unjust or inappropriate and the court makes the required findings.
An informal agreement to reduce payments, accept purchases instead of support, or stop support altogether can create disputes. Obtain a court-approved order rather than relying on a verbal understanding.
What Happens If Child Support Is Not Paid?
The Friend of the Court can assist with enforcing support orders. Depending on the circumstances and legal requirements, enforcement methods can include income withholding, tax refund interception, liens, license suspension, and court proceedings.
Support and parenting time must each be addressed through the proper process. A parent should not stop paying court-ordered support because parenting time is denied. Likewise, unpaid support does not authorize the other parent to withhold court-ordered parenting time.
Speak With a Michigan Child Support Attorney
Whether you are establishing support, reviewing a proposed calculation, requesting a modification, or addressing unpaid support, careful preparation can help protect your child’s financial interests.
Aldrich Legal Services, PLLC assists parents in Plymouth, Ann Arbor, Novi, Garden City, Belleville, and surrounding communities with child support, divorce, and child custody and parenting time matters.
Contact our office to discuss your Michigan child support questions and the next steps for your family.
Phone: 734 404-3000
website: https://www.aldrichlegalservices.com/
This article provides general information about Michigan law and is not legal advice for a specific situation.
Drafted by Brad Aldrich
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