
	Michigan Divorce Attorneys & Counselors
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Michigan Child Support....

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;

Michigan Child Support Modification & the Shared Economic Formula.

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.

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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.

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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