In Michigan child support is based upon a formula where support is determined by income and family size. The guidelines help the family courts make its child support recommendations more uniform throughout the state.
The State of Michigan guidelines looks at the following factors in determining child support:
- The formula takes the net income of both parties.
- All income of each party is taken into consideration. This includes all overtime, bonuses, and income from second jobs, commissions, etc.
- Childcare and health care obligations are taken into consideration.
- The support is adjusted if the support payer is supporting other children.
The Friend of the Court has the authority to modify child support when motioned by either party. There is no such thing as retroactive modification. Thus, if you loose your job, overtime is reduced or eliminated, take a pay cut or temporarily laid off you want to immediately file a motion to reduce your child support. Do not wait or you will amass arrears during that period of time. Likewise, if you're the payee or the receiver of the support and you find out that the payee's income has gone up you may want to file a motion for an increase in child support.
The Courts' in Michigan have the authority to order support in divorce, paternity or where a child is born out of wedlock. Child support generally lasts until the age of 18 or 19 ½, if finishing high school.
When a parent is delinquent in payment sometimes the Friend of the Court enforces the court order for support through the following procedures: bench warrants are issued for the payers arrest, liens can be placed on real or personal property, loss of licenses (driver's and/or occupational), income tax interceptions, imprisonment and fines.