CHILD SUPPORT

Child support is based mainly on the child’s needs (in conformity with the life style of the parties), and the ability to pay. In most instances, the amount of child support is determined by application of the Michigan Child Support Formula. Most every child support order now provides for the immediate and automatic withholding of child support payments from any source of the payor’s income. This support is usually ordered until the child attains the age of 18 years, or graduates from high school, so long as the minor child regularly attends high school on a full-time basis with a reasonable expectation of completing sufficient credits to graduate from high school while residing on a full time basis with the payee of support or at an institution. In no case will support continue after the child reaches 19 _ of age or until further order of the court.

The custodial parent is entitled to take the minor child or children, as dependents, for all tax purposes. The parties may agree that the non-custodial parent shall have this allowance and enter this agreement into the Judgment. If the non-custodial parent is entitled to the allowance by the Judgment, said parent must obtain each year from the custodial parent, a signed Form 8332, which must be filed with the non-custodial parent’s other federal income tax forms.

Child support is modifiable on the same basis as spousal support, i.e. a change of circumstances. Enforcement of payments is the same as for spousal support and will generally be obtained by filing an Order to Show Cause. If there is an arrearage of child support payments, medical expenses, etc., the Judgment of Divorce must contain a provision preserving this arrearage. The same provision holds true for any monies owing under any temporary order. , Michigan law very rarely allows retroactive modification of child support. This means that once child support is ordered, it generally cannot be changed once it becomes due and payable.

The requirement of paying child support does not depend on the custodial parent providing parenting time to the payor of the support. Thus even when a parent refuses to allow a minor child to visit with his mother or father, this does not extinguish that mother or father’s obligation to continue to pay support. If this situation arises, your attorney can take other actions to enforce parenting time.

PARENTING TIME

In Michigan, a child has a right to spend time with both parents unless it is determined by a court that parenting time would endanger the child’s physical, mental or emotional health. Liberal and reasonable Parenting Time is usually granted to the non-custodial parent. The Parenting Time Guidelines have been established to assist judges, the friend of the court, lawyers and parents in establishing and recommending schedules, terms and conditions for parenting time. For more information, please view Parenting Time Guidelines.
Applying those guidelines and/or as a result of an agreement by the parties or trial, a Judgment of Divorce may state that general visitation is granted and leave it up to the parties to decide the dates. The judgment may also provide for more specific parenting time with hours, days of the week, birthdays and holidays explicitly set forth in writing. If long distances must be traveled to exercise this visitation, some arrangements can also be made concerning the cost of the travel.

Judgments of Divorce will also provide that the minor child may not be permanently removed from the jurisdiction of the court without the court’s prior approval. To move the child from the state, the custodial parent must petition the court for an order granting this relief. Parenting Time orders are modifiable upon a showing of a change in circumstances warranting the modification. There is also a provision in the law for the makeup of visitations that have been wrongfully denied, and a contempt of court action against the offending parent that can lead to a fine or jail term.