Traverse City, Michigan
Child Support Lawyer Jeanne Hannah
The Michigan child support
formula is used to calculate how much a parent should
pay to support the children in the custody of the other
parent. This formula takes into consideration the income
of both the custodial and non-custodial parent.
Sometimes there are exceptions to the formula based upon
the specific facts of a case. Your lawyer can explain
the formula and can also tell you about possible
exceptions to the formula.
If a parent doesn't pay
court-ordered child support in Michigan, this can lead
to a contempt of court citation. Sometimes a parent may
receive a jail sentence for non-payment of support. In
some cases, a court will suspend the delinquent parent's
occupational or driver's license. An order providing for
immediate and automatic withholding of child support
payments from any source of the payer's income is
entered for every child support order paid through the
Friend of the Court, unless the court orders otherwise
or approves an agreement by the parties. The parties are
allowed to "opt-out" of the Friend of the Court system
if they wish, provided that no public assistance is
being paid or is owed to a state.
The tax exemptions for the
minor children belong to the custodial parent ; however,
sometimes the parties may agree that the noncustodial
parent shall have some or all of the exemptions. If the
judgment awards the exemptions to the noncustodial
parent, that parent must obtain a signed Form 8332 from
the custodial parent. That form is then filed with the
noncustodial parent's other federal income tax forms.
The child tax credit and the interest deduction and tax
credits for post-secondary education may be claimed by
the parent taking the dependency exemption. The
exemption waiver may be revoked.
Child support is modifiable
upon proof of a change in circumstances. A parent is
entitled to a child support review every three years.
Child support is usually ordered until the child attains
the age of eighteen years, or graduates from high
school, so long as the child has not yet reached
nineteen years and six months and 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.
Enforcement of child support payments may be sought by a
motion in the Family Court.