20700 Civic Center Drive, Suite 170, Southfield, MI 48076/248-737-8410
phone/1-866-728-4718 fax,
christopherkohler@kohlerlaw.net
              
| Michigan Child
Support.... |
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Michigan Child
Support Attorney:
Child Support in Michigan is calculated pursuant to the Michigan
Child Support Guidelines. The guidelines take into account the
following factors:
1. Gross
weekly incomes for both parties;
2.
Whether there are children from a previous marriage
that require support;
3. If the
parties are already separated, if they have
additional income from a new significant other;
4. If one
of the parties pays union dues;
The remaining factors are
to numerous to list here. The child support guidelines also
recognize different custodial arrangements and loosely classify them
based on the following:
a. Sole physical custody
to one party;
b. Shared economic
formula;
c. Split custody;
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| Michigan Child
Support Modification & the Shared Economic Formula. |
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If
the payer of child support has at least 128 overnights of visitation per
year, the Child Support Guidelines apply the shared economic formula
when calculating child support. The result is that the burden of
supporting the minor children is more evenly distributed between the
parties. Split custody for the purposes of calculating support
means that the parties have equal time with the minor child/ren.
The Friend of the Court
does not always get it right when it comes to child support. The
only way you can be certain that you are getting everything the law
allows for is to have an attorney at your side when child support is
determined.
If you would like get an
idea of how child support will be determined in your case, please sign
the guest book, request a phone or internet consultation, or schedule an
office appointment so that we may answer your questions. |
| Michigan Child
Support Legal References. |
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552.451 Proceedings
for Michigan Child Support of custodial parent and children; complaint;
service; prohibition. |
A
married parent who has a minor child or children living with him
or her and who is living separate and away from his or her
spouse who is the noncustodial parent of the child or children,
and who is refused financial assistance by the noncustodial
parent to provide necessary shelter, food, care, and clothing
for the child or children, if the spouse is of sufficient
financial ability to provide that assistance, may complain to
the circuit court for the county where either parent resides for
an order for support for himself or herself and the minor child
or children. Subject to section 5b of the support and parenting
time enforcement act, 1982 PA 295, MCL 552.605b, the parent may
also complain to the circuit court for support for a child or
children after they reach 18 years of age. The proceedings shall
be commenced by the filing of a complaint verified by the
petitioner and by issuance of a summons that shall be personally
served upon the noncustodial parent of the children and spouse
of the petitioner. A complaint shall not be filed nor shall any
summons issue if divorce or separate maintenance proceedings are
then pending between the petitioner and his or her spouse. |
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552.451a
Proceedings for support of children in Michigan; support order; burden of
proof; applicability of section. |
A custodial parent
or guardian of a minor child or children or a child or children
who have reached 18 years of age may proceed in the same manner,
and under the same circumstances as provided in section 1,
against the noncustodial parent for the support of the child or
children. The order of support shall provide only for the
support of the child or children, and the burden of proof shall
be the same as provided in section 2. This section applies only
to legitimate, legitimated, and lawfully adopted minor children
and, subject to section 5b of the support and parenting time
enforcement act, 1982 PA 295, MCL 552.605b, children after they
reach 18 years of age. |
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552.451b
Proceedings for support of custodial parent and children in
Michigan being
supported by public assistance; burden of proof. |
The
director of social services or his or her designated
representative or the director of the county department of
social services of the county where the custodial parent or
minor child or children or child or children who have reached 18
years of age reside or the director's designated representative
may proceed in the same manner and under the same circumstances
as provided in sections 1 and 1a against the noncustodial parent
for the support of the custodial parent and minor child or
children or child or children who have reached 18 years of age
if the custodial parent and minor child or children or child or
children who have reached 18 years of age or any of them are
being supported, in whole or in part, by public assistance under
the social welfare act, Act No. 280 of the Public Acts of 1939,
as amended, being sections 400.1 to 400.121 of the Michigan
Compiled Laws. The burden of proof shall be the same as provided
in section 2. |
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552.452 Hearing;
order; contents; burden of proving lack of ability to provide
child support or spousal support; amount; enforcement of order; custody and parenting
time. |
(1)
Upon the hearing of the complaint, in the manner of a motion,
the court may enter an order as it determines proper for the
support of the petitioner and the minor child or children of the
parties as prescribed in section 5 of the support and parenting
time enforcement act, 1982 PA 295, MCL 552.605. The order shall
provide that payment shall be made to the friend of the court or
the state disbursement unit. If the parent complained of opposes
the entry of the order upon the ground that he or she is without
sufficient financial ability to provide necessary shelter, food,
care, clothing, and other support for his or her spouse and
child or children, the burden of proving this lack of ability is
on the parent against whom the complaint is made. The order
shall state in separate paragraphs the amount of support for the
petitioner until the further order of the court, and the amount
of support for each child until each child reaches 18 years of
age or until the further order of the court. Subject to section
5b of the support and parenting time enforcement act, 1982 PA
295, MCL 552.605b, the court may also order support for the
child after the child reaches 18 years of age, or until the
further order of the court.
(2) A support order
entered under this section is enforceable as provided in the
support and parenting time enforcement act, 1982 PA 295, MCL
552.601 to 552.650. If this act contains a specific provision
regarding the contents or enforcement of a child support order
that conflicts with a provision in the support and parenting
time enforcement act, 1982 PA 295, MCL 552.601 to 552.650, this
act controls in regard to that provision.
(3) If there is no
dispute regarding a child's custody, the court shall include in
an order for support issued under this act specific provisions
governing custody of and parenting time for the child in
accordance with the child custody act of 1970, 1970 PA 91, MCL
722.21 to 722.31. If there is a dispute regarding custody of and
parenting time for the child, the court shall include in an
order for support issued under this act specific temporary
provisions governing custody of and parenting time for the
child. Pending a hearing on or other resolution of the dispute,
the court may refer the matter to the office of the friend of
the court for a written report and recommendation as provided in
section 5 of the friend of the court act, 1982 PA 294, MCL
552.505. In a dispute regarding custody of and parenting time
for a child, the prosecuting attorney is not required to
represent either party regarding the dispute.
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552.453
Transmitting order for child support to friend of court. |
Upon
the entry of any order for support under this act, a copy of the
order shall be transmitted to the friend of the court of the
county in which the order was entered. |
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552.454
Prosecuting attorney as attorney for petitioner; utilization of
child support formula as guideline; transmittal of payments to
family independence agency. |
(1)
If the county family independence agency where the custodial
parent or guardian of the minor child or children or the child
or children who have reached 18 years of age resides determines
the custodial parent, the minor child or children, the child or
children who have reached 18 years of age, or any of them to be
eligible for public or medical assistance, or if a complaint is
being filed under section 1b, the prosecuting attorney shall act
as the attorney for the petitioner.
(2) The prosecuting
attorney shall utilize the child support formula developed under
section 19 of the friend of the court act, 1982 PA 294, MCL
552.519, as a guideline in petitioning for child support. Upon
certification by the family independence agency that the
custodial parent and minor child or children or child or
children who have reached 18 years of age are receiving public
assistance, a payment received by the friend of the court or the
state disbursement unit for the support of the custodial parent
and minor child or children or child or children who have
reached 18 years of age shall be transmitted to the family
independence agency.
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552.455
Modification of child support order; application and notice; order void upon
entry of judgment of divorce or separate maintenance. |
An
order entered under section 2 may be modified by the court upon
proper application to the court and due notice to the opposite
party. If a judgment of divorce or of separate maintenance is
entered by a court having personal jurisdiction over the
parties, an order entered under this act is null and void upon
the effective date of the judgment.
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552.456 Warrant
for criminal nonsupport; testimony. |
A
warrant for criminal nonsupport shall not issue or be enforced
against any parent who is a party to the proceedings provided
for in this act if the parent complies with an order entered by
a court as provided in this act. The parent's testimony, if any,
in proceedings under this act is not admissible in such criminal
proceedings. |
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552.457
Reimbursement of county for cost of enforcing child support or
parenting time orders; service fee; computation, payment, and
disposition; failure or refusal to pay service fee; contempt. |
(1)
To reimburse the county for the cost of enforcing support or
parenting time orders under this act, the court shall order the
payment of a service fee of $2.00 per month, payable
semiannually on each January 2 and July 2, to the friend of the
court or state disbursement unit. The service fee shall be paid
by the person ordered to pay the support money. The service fee
shall be computed from the beginning date of the support order
and shall continue while the support order is operative. The
service fee shall be paid 6 months in advance on each due date,
except for the first payment which shall be paid at the same
time the support order is filed, and covers the period of time
from that month until the next calendar due date. The friend of
the court may deduct the service fee from support money paid
after the due date of the service fee. An order that provides
for the payment of support that requires collection by the
friend of the court under this act or by the SDU shall provide
for the payment of the service fee. Upon its own motion, a court
may amend such an order or judgment to provide for the payment
of the service fee, in the amount provided by this subsection,
upon notice to the person ordered to pay the support money. The
service fees shall be turned over to the county treasurer and
credited to the general fund of the county.
(2) The court may
hold in contempt a person who fails or refuses to pay a service
fee ordered under subsection (1).
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552.458 Fees and
costs. |
No
filing, order or stenographer's fees shall be required for an
action or proceedings under this act, but the court may assess
any such costs, service costs and attorney fees against the
defendant in the order of support or any modification thereof. |
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552.458a
Transition to centralized receipt and disbursement of child support
and fees. |
The
department, the SDU, and each office of the friend of the court
shall cooperate in the transition to the centralized receipt and
disbursement of support and fees. An office of the friend of the
court shall continue to receive and disburse support and fees
through the transition, based on the schedule developed as
required by section 7 of the office of child support act, 1971
PA 174, MCL 400.237, and modifications to that schedule as the
department considers necessary. |
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552.603 Michigan
Child Support order; enforcement. |
(1) A child support order issued by a court of
this state shall be enforced as provided in this act.
(2) Except as otherwise provided in this
section, a child support order that is part of a judgment or is
an order in a domestic relations matter is a judgment on and
after the date the support amount is due as prescribed in
section 5c, with the full force, effect, and attributes of a
judgment of this state, and is not, on and after the date it is
due, subject to retroactive modification. Retroactive
modification of a child support payment due under a child
support order is permissible with respect to a period during
which there is pending a petition for modification, but only
from the date that notice of the petition was given to the payer
or recipient of support.
(3) This section does not apply to an ex parte
interim child support order or a temporary child support order
entered under supreme court rule.
(4) The office of the friend of the court shall
make available to a payer or payee the forms and instructions
described in section 5 of the friend of the court act, MCL
552.505.
(5) This section does not prohibit a court
approved agreement between the parties to retroactively modify a
Michigan child support order. This section does not limit other
enforcement remedies available under this or
another act.
(6) Every Michigan child support order that is
part of a judgment issued by a court of the state of Michigan or
that is an order in a domestic relations matter shall include
all of the following:
(a) Substantially the following statement:
“Except as otherwise provided in section 3 of the Michigan Child
support and parenting time enforcement act, 1982 PA 295, MCL
552.603, a child support order that is part of a judgment or
that is an order in a domestic relations matter as defined in
section 2 of the friend of the court act, 1982 PA 294, MCL
552.502, is a judgment on and after the date each child support
payment is due, with the full force, effect, and attributes of a
judgment of this state, and is not, on and after the date it is
due, subject to retroactive modification. A surcharge will be
added to support amounts that are past due as provided in
section 3a of the Michigan Child support and parenting time
enforcement act, 1982 PA 295, MCL 552.603a.”.
(b) Notice informing the payer of the imposition
of liens by operation of law and that the payer's real and
personal property can be encumbered or seized if a child support
arrearage accrues in an amount greater than the amount of
periodic child support payments payable under the payer's
support order for the time period specified in the Michigan
Child support and parenting time enforcement act,
1982 PA 295, MCL 552.601 to 552.650.
(7) Each Michigan child support order that is an
order in a friend of the court case shall include all of the
following:
(a) A requirement that, within 21 days after the
payer or payee changes his or her residential or mailing
address, that individual report the new address and his or her
telephone number in writing to the friend of the court.
(b) A requirement that both the payer and payee
notify the office of the friend of the court if he or she holds
an occupational license and if he or she holds a driver's
license.
(c) The name, address, and telephone number of
the payer's and payee's current sources of income.
(d) A requirement that both the payer and payee
inform the office of the friend of the court of his or her
social security number and driver's license number. The
requirement of this subdivision to provide a social security
number with the information does not apply to a payer or payee
who demonstrates he or she is exempt under law from obtaining a
social security number or to a payer or payee who for religious
convictions is exempt under law from disclosure of his or her
social security number under these circumstances. The court
shall inform the payer and payee of this possible exemption.
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information provided in this site is purely informational and not
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having a question concerning the law and his rights or remedies
there-under should contact an attorney competent to render legal advice
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P.C..
This includes, but is not limited to, the transmission of an e-mail
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No attorney/client relationship shall exist unless and until the facts,
circumstances and legal issues of a particular matter have been
thoroughly discussed with Attorney Kohler and a
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Attorney Kohler and the person seeking to enter into an attorney/client
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Your Michigan
Divorce Lawyer serving: Lake Orion, Michigan West Bloomfield, Farmington Hills, Orchard Lake,
Waterford,
Pontiac, Keego
Harbor, Holly, Mt. Clemens, Monroe, Bloomfield Hills, Birmingham, Southfield, Walled Lake, Milford, Trenton, Wayne, Redford, Troy, Rochester Hills, Harrison Township, Oakwood, Ortonville, Clarkston,
Oxford, Clawson, Salem, New Hudson, Seven Harbors, Wolverine Lake, Oxbow, Hartland, Leonard, Lakeville,
and more! |
Christopher P. Kohler
Copyright © 2006; All rights reserved.
Revised: August 26, 2008 |
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