Michigan Child Support FAQ's
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By Butler, Durham & Toweson
Published: July 17, 2004 |
If both parents share custody, does anyone pay child support?
Yes. In Michigan both parents are responsible for the support of their children and the court will likely order a payment except in the unusual circumstance where both parents have exactly the same income and spend the same amount of time with the children.
How is child support calculated?
Michigan has a Child Support Guideline which considers both parent's incomes, the number of children involved, and how much time each parent spends with the children. It also takes into account various custodial arrangements, such as split custody, and shared economic responsibility.
Can my ex-spouse and I agree to vary from the support ordered?
Yes. Provided the court agrees to it and states what child support should be and the reason for the variance from the support guideline.
How exactly is child support calculated in Michigan?
Michigan has a Child Support Guideline that is periodically updated which takes into account the total available income of each parent. Child support is calculated based on the income of both parents and the number of children.
If both parents share parenting time with the children for more than 128 days per year, then child support is calculated based on shared economic responsibility which takes into account that each of the parents has a substantial investment in the raising of the children.
How often can I ask for more support? What if I don't have the money hire a lawyer to review child support?
Anytime there has been a change in circumstances, but generally the Courts will permit a petition every two years.
The Friend of the Court will provide you with forms with which to petition the court for more support. The forms are very simple to fill out and have good instructions.
What if my ex files for bankruptcy? Will I lose my child support?
Absolutely not. Under the Federal Bankruptcy Code, child support obligations and spousal support obligations are exempt from dischargability in bankruptcy.
How long does child support last?
Child support generally is paid until the child turns age 18. If a child has not yet finished high school, support will be ordered up to age 19 1/2, provided that the child is enrolled in high school on a full time basis, and has a reasonable expectation of graduating.
It stops at graduation past age 18.
What about my child's college education?
Unless there is an agreement between husband and wife for one or both to assist with this expense, a parent's obligation for a child's support terminates at age 18 or later when the child graduates from high school, but not past age 19 1/2.
Is child support taxable income to me?
No it is not. It is not considered income to you, nor is it deductible to your spouse.


