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.

What types of custody exist?

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There are two types of custody in Michigan, legal custody and physical custody. Interestingly the Legislature had not made a distinction between legal and physical custody; nevertheless, the concepts are different.

Legal custody concerns the authority to make “important decisions affecting the welfare of a child.” MCL 722.26(a)(7)(b). Those important decisions include religion, medical decisions, education, and other matters affecting the welfare of the child

In most situations the court encourages the parents of a child to share in legal custody, commonly known as “joint legal custody.” Courts recognize the importance of both parents having access to a child’s medical and school records, advising each other promptly in situations of emergencies, and to laying a common foundation for the rules and regulations of a child.

Physical custody on the other hand encompasses a parent’s authority to make the day-to-day, routine decisions for the child. Often, the parent who has the child for the greater portion of the year has “sole physical custody” of the child.

How do I object to a Conciliator’s Recommendation?

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If you received an Order from the court titled “Conciliator’s Recommendation” or “Interim Order” or something similar, you have the opportunity to object to such recommendation/ interim order before it becomes the final order of the court. Read this recommendation carefully. It will outline the deadline for which you must make and objection. If you do not file an objection within this time period, the recommendation will be signed by the Judge and become a final order of the court. In most counties, you will have 21 days from the date of service to make an objection. The “date of service” does not mean 21 days from the date you received the document; it means 21 days from the date the proof of service was signed (i.e. date the document was placed in the mail). If you have any questions about the time period for which to file an objection, you should contact and attorney or your caseworker.

Custody and Visitation in the wake of the Michigan Medical Marihuana Act

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In December 2008, Michigan enacted the Michigan Medical Marihuana Act which protects the growing and using of marijuana for certain medicinal purposes. The Michigan Department of Licensing and Regulatory Affairs reports that: 214,209 original and renewal applications were received since April 6, 2009, 131,308 patient registrations were in fact issued; and 22,123 applications had been denied[1]. It’s evident that some of these applicants are parents of minor children.

Only time will tell how the Medical Marihuana Act, MCL 333.26421-26430, will affect custody and parenting time as years progress. Currently, the law states:

A personal shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the person’s behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated. MCL 333.26424(c).

As more and more cases are evolving in the lower courts over the use of medical marijuana, the phrases creates a unreasonable danger and clearly articulated and substantiated will inevitably be defined. MCL 333.2624(c) will also have a dynamic interplay with MCL 722.23 and MCL 722.27(6).

[1] http://www.michigan.gov/lara/0,1607,7-154-27417_51869—,00.html

I received a notice to attend a conciliation conference, what does this mean?

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This notice was likely sent to you by the Friend of the Court. A conciliation conference is an alternative dispute resolution process. Parties usually attend conciliation conferences for issues relating to custody, parenting time, and child support. A Friend of the Court employee, who may or may not be an attorney, will hold a conference with both parties in attempt to reach a resolution in the case. If there is an agreement between the parties, the Friend of the Court employee will reduce that agreement to writing. If there is no such agreement, the employee will listen to each party’s prospective and make a written recommendation.

You should be well prepared for this hearing prior to attending it.