Spousal support and child support are not synonymous. Spouses can bargain about spousal support. Paying child support is required. If my ex earns more money than I do, do I still have to pay child support? You can discuss proportion and sharing, but you cannot discuss not providing it or paying for it. Typically, child support is paid to the parent who has custody.
Click here to watch the video on Do I Have To Pay Child Support If My Ex Makes More Money Than Me In Michigan?
There may be instances where the parent with custody makes more money than the parent without custody. In this scenario, child support is determined using a formula based on the framework for calculating alimony. Whatever the situation, the court always ensures that someone will ultimately be responsible for paying child support.
Determining How Much To Pay For Child Support
The Supreme Court Administrator’s Office was mandated by the Michigan Friend of the Court Act of 1982 to develop a formula that would serve as a guideline for recommending child support. The child support formula in Michigan was developed by a committee of family law attorneys, psychologists, public health authorities, and members of the general public after extensive research and with the help of economists. It became effective in Michigan in 1984.
Although the document is officially known as the Michigan Child Support Formula, or MCSF, the term “guidelines” for child support is considerably more popular.
The federal guidelines are changed every four years, and the most recent update to Michigan’s child support formula was published by the State Court Administrative Office of Michigan last January 1, 2021.
A committee meets regularly and makes recommendations to the Michigan Supreme Court, which issues the guidelines.
According to the guidelines, child support obligations include paying for a child’s basic requirements (base support is calculated), medical support, and child care costs.
The paying parent’s income, the payee parent’s income, and the number of overnights of parenting time are the three main variables in determining child support.
To prevent having to recalculate assistance each time the number of children (for how support is paid) increases, support provisions for numerous children must already include tiered levels for fewer children. When a support order is established for many children, each child’s portion of the obligation is equal to that child’s per capita share of the ordered amount, unless the order specifies a set amount for a particular kid.
The child support formula establishes the support commitments for both parents:
[1] Contributions for a child’s expenses from a paying parent will be established in a support order.
[2] A parent receiving the child support amount is presumed to contribute directly to a child’s support.
In summing up calculations, support amounts are to be rounded to the nearest whole dollar.
Daycare costs are distributed according to the parties’ respective incomes in accordance with the MCSF. Likewise, the court will only order the payer to pay for child care if it is required by the payee’s job or school schedule.
The cost of extracurricular activities is also included in child support. But when the activities and costs are agreed upon by both parties, many parties typically split the cost of these expenses in addition to the amount of child support.
The cost of child care is typically included in the amount the payer pays through Michigan State Disbursement Unit or MiSDU, but it is also typical for the parties to pay their respective portions of the cost directly to the child care provider.
The days of mailing checks to and from the Friend of the Court are long gone thanks to the simplicity and accessibility of internet banking. Child support must be handled by a statewide system in accordance with federal law. Michigan as a result established the Michigan State Disbursement Unit or MiSDU.
Modifying Child Support
Child support is a court-ordered payment made by a parent to assist with the expense of raising a child. Until a child turns 18, or in some circumstances, until the child turns 19 and a half years old, the judge may enter an order to begin or modify child support.
By filing a motion in your ongoing family court case, you can request to start paying child support. You can launch a case on your own or request for child support services to initiate one if you don’t already have a family court case. A child support order can be modified in a number of ways.
There are two ways that child support in Michigan can be modified.
First, every three years, each parent has the right to request the Friend of the Court look into the amount of child support.
Second, if there has been a material change in circumstances, a parent may ask the court to alter child support. A 10% shift in income is considered a significant change in circumstances under the child support rules.
A parent may request a revision if they consider the other parent’s income has increased by 10% or has decreased by 10%. It’s crucial to keep in mind that the court cannot retrospectively modify child support.
Only from the date the motion is submitted to the court can the judge alter child support. Therefore, it is crucial that they submit a motion right away if one of the parents loses their employment. It is upsetting to witness someone accrue a sizable arrearage merely because they put off contacting the court for a very long period.
The level of support could increase or decrease depending on the new order. To determine the amount of support, the judge will apply the MCSF.
If the parents agree on a child support amount, the judge may take that into consideration but is not required to do so. The Uniform Child Support Order Deviation Addendum must be completed if you have agreed to child support in an amount that deviates from the formula. Together with your Uniform Child Support Order, file this form.
Legally, both parents are obligated to support their children financially. By consenting to relinquish parenting time (visitation) or to having their parental rights terminated, a parent cannot get out of paying child support.
When a parent’s parental rights have been terminated, they may still be required to pay child support. You cannot impose parenting time restrictions as a means of enforcing child support obligations if the other parent owes you money.
Who Gets To Pay Child Support
You might be concerned about continuing to make child support payments after the court grants joint custody. Both yes and no, is the answer. Your obligation to pay child support is based on a number of variables, such as your income, how much time each parent spends with the kids, and the expense of raising the kids.
Child support is typically paid by the non-custodial parent to offset some of the expenses associated with raising the child. These costs might include lodging, clothing, and food. Furthermore, child support includes costs for things like healthcare, transportation, and education.
These costs must be split between the parents if they have joint custody. This indicates that both parents share in the cost of raising their children. Even if you earn more than the other parent or have much fewer expenses, this does not necessarily mean you will not be forced to pay child support.
You are obligated to pay child support if your child lives with you less than half the time. In general, a parent is not obligated to pay child support if their child lives with them more than half the time.
Child support calculations will examine each parent’s income in a 50/50 custody arrangement to determine who will be responsible for paying child support and how much they will pay.
Subscribe to our YouTube channel today for more advice on Family Law!
Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.