How is child support in Michigan Calculated

• Child support law in Michigan is based on a strict formula known as the Michigan Child Support Formula Manual, also called “the Michigan child support guidelines”.
• Michigan child support law is clear and is based on a specific information.
• Michigan child support is calculated by using  the Michigan Child Support Formula Manual.
• The Michigan Child Support Formula Manual is established and updated by the Michigan Friend of the Court Bureau of the Michigan State Court Administrative Office of the State of Michigan.

The Michigan Child Support Formula Manual

• The  Michigan Child Support Formula Manual can be downloaded from the Michigan State Court Administrative Office’s web site.

Calculating child support in Michigan

Factors in the Michigan Child Support Formula Manual that are used to determine the amount of child support, medical support and child care obligations are:

• Mother’s net income
• Father’s net income
• Number of children of the parties
• Overnight parenting time of each parent
• Other support obligations
• Custody of other children
• Health care costs
• Child care costs for the minor children in the case

Joint custody does not mean no child support. If the parenting time is equal, but their incomes are not, there might be child support.

What is NOT considered when calculating child support in Michigan

• The bills of the parties.  The formula does not consider the bills of the parties.
• The lack of visitation for the party who pays the support.  Sometimes a non-custodial parent believes that if he/she doesn’t get to see their child, they shouldn’t have to pay child support.  This is incorrect.  Parenting time and child support are two separate issues.  Child support is still due, even if the parent paying the support is not exercising his/her parenting time.  If there is a parenting time issue, then a motion regarding parenting time would have to be filed to have the Court address the parenting time issue.
• A new spouse.  If a party marries another person, that new spouse’s income is not used in the formula. However, if remarriage effects a party’s tax filing (married filing jointly instead of single), it could change a their net income, which could change a support amount.  Also, if a party has a child with their new spouse, that can effect the support amount.
• Unemployment. Some people believe that if they don’t have a job, they won’t have to pay support.  This is incorrect.   If a party has no income, or is under employed, the Court may “impute” income to the party.  Imputation of income means that the Court determines a party has the ability to earn a certain income and then bases the order on that amount of imputed income.

Michigan Child Support Programs

• How child support is calculated, can be found in the Michigan Child Support Formula Manual.
• Most local Friend of the Courts in Michigan use one of two prognosticators, or calculators that allow you to input the information of the case, and they produce a prognostication, or a result that provides you with the appropriate support amounts.
• If you wish to calculate Michigan child support like the Courts, the calculators used by the Courts in Michigan can be purchased by the public and are available online at:
  • MiChildSupport Calculator
  • Marginsoft Prognosticator
• These prognosticators are as accurate as the information you input into them with respect to Child Support in Michigan.  These prognosticators also offer spousal support/alimony
• prognostications, which can be used as a guideline in estimating spousal support/alimony, but are not binding in a Court.

Child support can be modified

In Michigan, once child support is set in an order by the Court, it may be changed in the future, if the requirements set forth in the Michigan Child Support Formula are met.

• It is important to note that child support can only be changed going forward, and cannot be retroactively modified.
• If you have a change in circumstances, you should immediately file a Motion Regarding Child Support.
• This can be done on your own, through the Friend of the Court (forms can generally be found on your local Friend of the Court web site or at their physical office), or with the assistance of an attorney.
• Since child support is always modifiable, if an agreement is made for zero or no child support to either party, and one party returns to the Court for support, the Court can award a child support order, regardless of the prior agreement of the parties.

How is child support paid

• Court orders for child support in Michigan generally require child support payment to be made through the state centralized payment and distribution center for child support, the Michigan State Disbursement Unit.
• The Michigan State Disbursement Unit is also responsible for Michigan child support enforcement.
• It is possible to avoid payment through the Michigan State Disbursement Unit, and make direct payments to a party, but that would need to be approved by the judge in your case, and may require opting out of the Friend of the Court entirely.
• You cannot make a lump sum prepayment of child support in Michigan.  If such “prepayment” is made, and the party entitled to support goes back to court for support, the Court will allow a current support order regardless of “prepayment”.

Out-Of-State support orders

• Information can be found on the State Court Administrator’s Office regarding the Uniform Interstate Family Support Act (UIFSA).
• Our office can assist you in registering your out-of-state child support order for enforcement and or modification.

LET US HELP YOU

The above is not intended to be legal advice, and is only a brief overview of this area of law.  If you have any questions regarding your Michigan child support matter, contact us  today.  If the father or mother of your child owes past due child support and the Friend of the Court won’t help you, call our office at 248-851-7555 to speak with a Michigan child support attorney.  A seasoned Michigan child support lawyer will discuss your legal needs and provide you with information to protecting you and your children – for years to come.