Child Support

Child Support

If you are getting a divorce in Michigan and you have minor children, determining child custody and child support are likely two of the biggest hurdles you face. Once the court awards child support, there is still no guarantee that your now ex will pay the amount. In the event he or she does not pay, you may need to retain the services of a Michigan child support attorney who can assist.

Who is Responsible for Paying Child Support?

There is a Michigan Child Support formula that will determine who is responsible for paying support and what that support will be. In the event the recipient parent is on state assistance, the child support payments may be paid to the state instead of the recipient.

Calculating Michigan Child Support

The Michigan Child Support Formula takes into account a number of different factors. Some of these include:

  • Each parent’s income
  • How many nights per year the child spends with each parent
  • How many children there are
  • Childcare costs
  • Health care costs

The only time the court may deviate from the formula is when the result would be inappropriate or unfair. Parents are free to create a child support agreement on their own, but the court has final discretion on whether or not to approve it. This means that if one parent tries to bully the other into accepting an agreement that is significantly less fair than the court would order, the judge may not grant it.

Uniform Child Support Order (UCSO)

When the court issues a child support order, it is called a Uniform Child Support Order (UCSO). If the spouse who is ordered to pay child support pays health care insurance, part of the premium could be added to the base support amount. Childcare amounts are calculated based on actual costs, while medical expenses are set at a standard fee which is designed to factor in uninsured costs like deductibles and copays.

The order will also state how additional medical expenses are to be paid. These are uninsured amounts above the ordinary medical expenses incurred in a calendar year. Typically, each parent is ordered to pay a percentage of these expenses based on income.

Unpaid Child Support Awards in Michigan

According to the Michigan Attorney General, unpaid child support is a major issue and more than $6.3 billion in support is unpaid. Getting the court to award support is only one part of the battle. Since 2003, there has been a dedicated Child Support Division within the Attorney General’s department who will also prosecute people who are at least $10,000 behind. Their focus is on a parent who has the financial means to pay court-ordered child support but just fails to do so.

Contact a Michigan Child Support Attorney

If your ex is not paying court-ordered child support, you have legal rights to pursue back support. There are options to have the support garnished from your ex’s bank account or a lien on his or her property, etc. It is important to speak with an experienced Michigan child support attorney who can advise you on your rights. Contact the Law Offices of Robbins & Licavoli, PLLC to schedule a consultation.

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