I was just ordered to pay child support and I received a letter stating I am already in arrears, what does this mean?

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An arrearage for child support purposes means that there is an outstanding monthly child support obligation that has not been paid.  Unfortunately if you have recently been ordered to pay child support through the Friend of the Court, then you may likely be in arrears.  After a child support order has been established, it then takes time for the child support order to be processed.  After the Friend of the Court processes the child support order, the Friend of the Court then sends the income withholding to the Michigan Disbursement Unit; the Michigan Disbursement Unit then processes the order and forwards that Order to the Payer’s employer.  After the Order has been processed by all of these agencies, then child support is automatically deducted from a Payer’s check.

The time is takes for all of these agencies to process this single Order can take weeks.  Therefore, by the time child support is directly taken out of your pay, you are already a month in arrears.  Most courts understand that Payer’s are likely in arrears initially.

BAH (Basic Allowance for Housing) and Family Support?

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BAH or basic allowance for housing is a housing allowance provided to a solider based on geographic duty location, pay grade, and dependency status.

Army Regulation 608-99 is the Army’s regulation regarding family support, child custody, and paternity.  In regards to this topic, AR 608-99 obligates a soldier or servicemember to financially support his/her family.

If No Court Order Exists:

In the absence of an oral or written financial support agreement, a family of a servicemember is entitled to a pro rate share of the servicemember’s BAH –II WITH.

The formula is:

1 / Total Number of Family Members Supported       x   Applicable BAH-II Rate   =

This formula does have exceptions and should be used accordingly.

If a Court Order Exists:

If a court Order or another form of a written agreement exists then this written agreement controls the soldier’s financial support obligation. The solider is not required to provide his/her family the support ordered under the written agreement and the pro rata share.

I am in the Military, what is my “income” for child support purposes?

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A servicemember’s income, used to calculate child support, includes:

  • Basic and Specialty Pay (BAS);
  • Basic Allowance for Housing Type II rate (BAH-II);
  • Allowance for Quarters and Rations;
  • Veterans’ administration benefits;
  • G.I. benefits (other than your education allotment);
  • Drill Pay; and
  • Reenlistment bonuses

 

When are child care expenses no longer considered for child support purposes?

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In the State of Michigan, actual, predictable, and responsible child care expenses are considered for purposes of child support. The cost of child care will be allocated between the parents.

In Michigan, the courts presume that “the need for child care continues until August 31st following the child’s twelfth birthday.” 2013 MCSF Manual 3.06(D).  Nevertheless, the court has the discretion to allocate the cost for child care expenses beyond a child’s twelfth birthday if  the health or safety of the child so requires.

Child Support and Social Security Disability (SSDI)

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If you are the noncustodial parent and payer of child support who also receives SSDI, your children are also likely receiving a benefit from the Social Security Administration (SSA) based on your disability.  If so, you will receive a credit towards your child support obligation.

For example, if you are court ordered to pay $310.00 a month in child support, but the children already receive a benefit of $320.00 per month from the SSA, you will not likely be obligated to pay any child support.

On the other hand, if you are court ordered to pay $310.00 a month in child support and the children only receive $250.00 per month from the SSA, you will still be obligated to pay the difference between the court ordered obligation and the SSDI award.

What is the Friend of the Court service fee?

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The service fee is $3.50 per month in addition to the Payer’s (person who pays child support) assessed child support.  For example, if child support is calculated at $250.00 per month, the Payer actually pays $253.50 per month.  This $3.50 is not received by the Payee (person who receives child support); this service fee is assessed to reimburse the Friend of the Court for its services.

What does opting out of the Friend of the Court mean

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Opting out of the Friend of the Court means the Friend of the Court will not in involved in your case.

If the parties opt out of Friend of the Court services, the Payer of support will pay the Payee of support directly.  The Friend of the Court will have no responsibility to enforce child support which includes collecting child support or initiating an income withholding order. The Friend of the Court will not keep track of child support payments and therefore cannot provide either party with an accounting if such payments are in dispute.  The Friend of the Court will not attempt to resolve parenting time complaints or enforce any parenting time orders.

To find out whether parties can opt out of Friend of the Court services see blog post, “Will the Friend of the Court be involved in my case?”

What does the Friend of the Court do?

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The Friend of the Court provides information on the proceedings to the parties. The Friend of the Court will usually, depending on the county, schedule a meeting with both parties in attempt to resole issues of custody, parenting time, and/or child support.  If the parties cannot reach an agreement in regards to custody, parenting time, and child support the Friend of the Court will investigate such issues and make a recommendation.  If one (or both) party disagrees with the recommendation, he /she will have the opportunity to make an objection and proceed accordingly.

Will the Friend of the Court be involved in my case?

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If you have children, the Friend of the Court will likely be involved in your case unless you and the other party agree to opt out of Friend of the Court Services.

You may not opt out of Friend of the Court services if you or the other party is receiving Title IV-D services, there is evidence of domestic violence, or if unequal bargaining power exists.