Courts give you the option to request a revision in your child support. It does not imply however that you should. The judge may or may not grant it. It really depends on the circumstances. So, when will a judge modify child support? Situations must drastically alter. You must support your claims with facts and evidence.
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Courts will accept adjustments to child support obligations. For that, a formula exists. Your co-parent also earns money, and you both have parenting time. The amount of child support is calculated after taking all of that into account. Make sure your computation is exact if you want to receive a good result. Obtain a precise estimate of the amount of child support that should be paid. Do that before you submit a modification request. It could happen that the child support is less than it should be. The updated calculations might confirm it. The amount you pay could increase.
Child support is a series of payments ordered by a court. It is paid to the custodial parent. These payments are meant to assist with the expense of maintaining a child. Until a child turns 18, or in some circumstances until the child turns 19 ½. The judge enters an order to begin or modify child support when a child turns 18. In some circumstances, the court extends support until the child reaches 19 and a half years old.
What goes into the calculation of child support?
Michigan adopts a mathematical formula for calculating child support. The formula accounts for each of the parent’s income. It also accounts for the number of overnights young children spend with each parent.
Pay stubs or the most recent year’s tax returns are used. These are the same document used to file income tax returns. The data in these documents are used to calculate the reported Medicare wages. After the baseline income has been established, the income report might need to be modified. The guidelines for calculating the parents’ income vary. It varies from county to county.
“Social Security Wages” are represented by the amount in W-2 form box 3. The sum in box 5 is the “Medicare Wages” amount. Medicare Wages have no upper limit. An employee’s “Social Security Wages” are limited to a certain amount per calendar year. Social security taxes are no longer levied for that calendar year once that maximum has been achieved. The Social Security yearly maximum normally changes every year.
One parent foots the bill for the child’s or children’s health insurance. That payment can be excluded or subtracted from that parent’s income. Other payments can be subtracted as well. These payments are few compared to the additional sources of revenue that can be taken into account. Additions may be made from any verified source of income. This can include 1099 payments, capital gains from the selling of stocks or homes, and more.
Overnight calculations are a little bit easier. Any overnight that does not violate the custody agreement is considered to be one. Your co-parent asks you to watch your children for a week so that they can go on vacation. You would count those nights against your overall total.
Understanding these numbers can help you determine if it is feasible and prudent to try to modify your child support payments.
Is it always the father who pays for child support?
The fathers are always required to pay child support. This idea about child support is a popular misunderstanding. The calculating formula for child support we mentioned demonstrates this. Your co-parent, the mother, may earn more money. The mother could have more demanding work than the father. This work reality may necessitate the children staying over with their dads. Today’s trend is probably more frequent.
Many men choose not to petition for changes. They believe that they will have spent their time and money on a court filing. They believe that fathers are accountable for paying child support. You can decide if it’s worthwhile to file for a change to your Michigan child support. Talk to your attorney first. Do it before deciding on changing or not changing your child support order.
Here’s another misunderstanding about child support. Paying child support to your ex-spouse’s children. Don’t pay child support. Not to your ex-spouse’s children. You may be a stepfather but no, you’re not obligated to pay child support to your ex-spouse’s children.
The legal relationship between a parent and child only arises in three circumstances. Excluding an adoption, here are the three situations:
[ 1 ] Legal Presumption
In Michigan, if a couple was married at the time of conception or birth, the child is legally deemed to be their child. The opposite evidence can disprove this assumption. Another man might, for instance, assert that the child is his own.
[ 2 ] Affidavit of Parentage
Unmarried parents who acknowledge their shared parental consent do so by signing this paper. A notary public must witness both parties’ signatures, which is frequently done at the hospital where the baby is delivered.
[ 3 ] Paternity Court Case
The government initiates a paternity court case when the child receives public assistance. Either parent may file a lawsuit to have the court determine the child’s parentage. DNA evidence is frequently used in court proceedings to establish paternity.
If one of these methods is used to establish parenthood, child support obligations follow. The relevant order must then be entered in accordance with child support guidelines.
When will a court allow modifications to my child support payments?
Your child support order may be modified upon request. There are two ways to begin a review of a child support order:
[ 1 ] The Friend of the Court or FOC evaluates the child support order amount. It does so every 36 months if either parent gets public assistance. Every 36 months, you can still ask for a child support order review even if you are not getting government aid. Consult the Friend of the Court. Get instructions on how to do the child support order review.
[ 2 ] Either parent may submit a court request to modify the child support order. Do this if it has been less than 36 months since the last review of the order. Check your local court to see if there is a filing cost for court motions. Answer a case questionnaire. The questionnaire will be sent to you at the time of your review. Complete the required questionnaire.
The FOC will ask for additional details like:
[ 1 ] Your four most recent pay stubs, or a declaration from your employer(s) detailing your salaries, deductions, and earnings thus far this year.
[ 2 ] A copy of your most recent W-2s, 1099s, and schedules from your federal and state income tax filings.
[ 3 ] A copy of your three most recent corporation or company tax returns, whichever is most recent (if you are self-employed)
[ 4 ] More information to help the FOC in recommending support.
[ 5 ] Use the Child Care Verification (form FOC39e) if you want to claim child-care expenses as a deduction.
Pay child support if you are mandated by an ongoing court order. Do so consistently and on time. It might have serious legal and financial repercussions for you if you don’t. You may have spent very little time with your children right after the divorce. Over time, your ex may have allowed more overnights. Rather than making a smaller payment or paying nothing, file to have the order amended.
Your debt will quickly grow in arrears if you stop paying. The state will apply an additional 8% surcharge to the amount payable. If the obligation is not paid, thousands of dollars may be due and imprisonment may result.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.