Children are entitled to support from their natural parents or adoptive parents. The amount that a parent pays or receives varies from state to state. Support is determined by income, and family size. Many states, including Michigan, have developed formulas and guidelines to make the amount of support more predictable.
The State of Michigan provides a manual to determine the amount of support to be paid. The formula became effective May 1, 1987 and is adjusted annually. The formula is based on the actual needs of the child and the resources of the parents. The formula includes child care and health care obligations. The formula is used by the Friend of the Court when determining support. To determine the amount of support that will possibly be ordered, you need to look at the net income of both parties. The manual also explains how to determine any other adjustments to be made to the support payers income including other children in the home. There is a chart for each different number of children. You take that chart and find where the custodial parent's income intersects with the non-custodial parent's income. That is the number to represent the amount of support to be awarded.
When determining the amount of child support, all income of each party is taken into consideration. This includes all overtime, bonuses, and income from second jobs, commissions, etc. The Friend of the Court has the authority to modify the judgment when motioned by either party. There is no such thing as retroactive modification. So if something happens, such as temporary layoff, and you want the order modified, you need to do it immediately. Do not wait, or it will not be ordered and you will amass arrears during that period of time.
The Courts' in Michigan have the authority to Order Support. The Divorce Act (MCLA 552.1) allows for the court to enter an order for support when a divorce is commenced, the parents are not together, or a judgment for divorce is entered. The Family Support Act creates a statutory duty for parents to support a child with whom they are not living. Sometimes problems arise out of the paternity of the child. Once paternity is established, the parents are obligated to pay support under the same standard that applies to divorce and family support actions.
The Friend of the Court plays a role in the process of support. The Michigan Friend of the Court Act requires the Friend of the Court to investigate all relevant facts to make a written report and recommendation to the parties, their attorney's and to the court, when there are disputes in custody, parenting time, and support. The Court then receives the recommendation of the Friend of the Court. The Circuit Court is not bound by the findings or recommendations of the Friend of the Court and may make its ruling independent of that recommendation, but most often the recommendation is followed.
There are a few exceptions to payment of child support. First, when the child becomes emancipated, which is either when the child becomes married, reaches the age of 18 or 19 ½, if finishing high school, is on active military duty, or when the court orders emancipation in the best interest of the child. Parents can longer release their parental rights by written instruments. Support is paid to the Friend of the Court who sends a check to the custodial parent. When a parent is delinquent in payment, the Friend of the Court takes action. Bench warrants are issued for the payers arrest, liens could be placed on real or personal property, loss of licenses (driver's and/or occupational), income tax interceptions, imprisonment and fines are all actions that could be taken.
