Michigan Child Support Laws

When it comes to child support, it is important to take the time to learn about your rights and responsibilities as a parent. Child support arrangements can be complex and require understanding many different factors. If you live in Michigan, the Michigan Department of Health & Human Services (MDHHS) Office of Child Support can help educate you about these responsibilities and rights.

Michigan Family Law: Who Needs to Pay Child Support?

The parent with the majority of physical custody is called the custodial parent, while the other parent is called the noncustodial parent. Usually, child support is paid by the noncustodial parent to the custodial one. This arrangement exists because the custodial parent typically has more responsibilities and expenses for the child than the noncustodial parent.

However, the amount of time each parent spends with the child is taken into consideration, and it can lead to a lower amount of child support if the noncustodial parent can prove that they are spending a lot of time caring for the child despite not having physical custody. By proving this, the noncustodial parent can demonstrate that they are providing more financial support by taking care of the child in person than the average noncustodial parent.

The courts are fair: if the child support payer spends 3 days a week with the child, they will not have to pay full child support. It will be adjusted to account for the payer’s expenses for caring for the child. For example, if the mother has the child all week and the father has visitation, the child support amount might be $ 1,000 a month. If the mother has the child for 4 days and the father has them for 3 days, the child support amount will be reduced to $571.00 – four-sevenths of $1000.

Michigan Family Law: How Can I Petition for Child Support?

Child support is usually taken care of when the couple gets divorced. If that is not your case, then to get child support, you must either apply online through MiChildSupport (Michigan’s child support website) or by mailing in a child support application.

Before you do that, you must first establish who the biological parents are for the child. Once the parentage of the child has been established and the application has been submitted, the best idea is to discuss your child support case with an attorney.

When you meet with the attorney, you will need to provide them with your pay stubs or W-2s, your income tax returns, your child’s birth certificate, your bank statements, your Social Security card, and your driver’s license or other photo identification.

Beyond that, you must also be prepared to provide information about the other parent’s location. One thing that can greatly delay child support is if the other parent’s whereabouts are unknown. If you cannot provide their last known address, then be prepared to offer a photo, known aliases, last known employer, etc. – anything that can help officials track down the other parent.

Michigan Family Law: How is Child Support Calculated?

Child support calculations can be complex. They involve several different decisions and factors that the court must review. Some of the considerations that go into calculating child support in the state of Michigan include:

• The income level of each parent (and, in some cases, their spouses or partners as well, especially if they are providing additional income for that parent)
• Geographic location, neighborhood, and other indicators, as different areas may be associated with varying costs of living
• Any special needs of the child, such as school needs, social needs, medical or health requirements, and other similar costs
• Previous interactions and child support payments between the two parents. For instance, if the paying parent has had difficulty meeting child support payments in the past, the court may consider this when formulating a new or updated child support order. On the other hand, if the paying parent gave the other parent money to care for the child regularly, the court will take note of how much money was involved

Michigan Family Law: What If I Fail to Pay Child Support?

The first consequence of not paying child support is automatically taking the amount from your paycheck. Your employer will keep and submit that part of your paycheck directly to the court.

Other ways the state will enforce child support:

• Garnishing your bank account
• Taking your tax refund
• Placing a lien on your property
• Selling your personal property such as cars.
• Taking away your driver’s license and professional licenses
• Taking away your passport
• Sending you to jail for contempt of court

Failures to pay are also reported to the credit bureaus and impact your credit score.

Can the Other Parent Stop Me From Seeing My Child If I Am Behind on Child Support?

The parent who does not have primary custody is usually given scheduled visitation opportunities. Visitation is not dependent on child support. This means you still have a legal right to time with your child, even if you are not paying child support. If the other parent will not let you see your child, you can go back to court to have your visitation rights enforced, especially if a visitation order has been violated.

However, this is true if the unpaid child support is due to a change in finances, like no longer being able to afford housing or losing your job. While this likely will not impact visitation, it can impact any shared custody if you do not have a home.

If you are fully capable of paying child custody but, for some reason, willfully refuse to pay it, then it is possible for the parent receiving child support to go to court and request a modification of the visitation order. This is not due to being behind in child support but rather defiance of the court order establishing child support. The court may find that if you are unwilling to provide for your child, it might indicate that you are abandoning the child and should not have shared custody or visitation.

Michigan Family Law: How Can I Put an End to Child Support?

Terminating child support is something that can only be done through the court. Trying to do this without the court’s approval can lead to financial and criminal issues.

Otherwise, child support is ended when the child reaches 18, they are emancipated, or the parent loses all of their parental rights concerning the child.

Where Can I Find the Right Michigan Child Support Lawyer?

Since child support is a complicated aspect of family law and can have consequences that last for years, it is very important to find the right lawyer. You should find a Michigan child support lawyer to assist you in asserting your rights. Your attorney can provide legal advice and guidance for your child support situation.

One of the key advantages of using an attorney for child support issues is that the attorney will not get caught up in emotional issues surrounding the issue. The other parent might want to fight with you but might be willing to concede some points if they are dealing with your lawyer instead.