If I have equal parenting time with my child, will I have to pay child support?

Perhaps. A lot of people think that if they share equal parenting time with their children, then neither parent will pay child support. This is often untrue. The child support calculations in Michigan are based on a formula. The formula considers various factors including: income, health insurance, daycare costs, and overnights along with other factors. Even if two parents have the same number of overnights, one parent may in fact pay child support. This usually occurs in cases when one parent makes substantially more money than the other parent

The purpose of the child support formula is to balance the needs and incomes of the parties without impoverishing either party. Therefore, in order to keep the children accustom to the same stand of living in each individual household, child support may be necessary.

My ex-spouse is not using child support for the benefit of the children, what can I do?

The answer to this question is likely nothing. The Friend of the Court does not hear complaints regarding alleged misappropriation of child support payments. The court assumes that child support is being spent on necessities for the children. There is no system that will analyze the way in which a person spends child support payments.

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

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

I am going to be incarcerated, what do I do about child support?

If you know that you are going to be incarcerated or if you are currently incarcerated, you should know that your child support obligation does not automatically stop. In order to stop or reduce your child support payments, during your incarceration, you need to file a motion with the friend of the court where your child support obligation is pending. If you have more than one child support obligation in more than one county, then you need to file a motion in each county.   When filing a motion, always keep a copy of your motion for your records.

It is important to file this motion immediately. Delaying the filing of this motion may give up some of your rights.

Child Support and Social Security Supplemental Income

Supplemental Security Income (SSI) is for low income elderly people who do not qualify for Social Security Disability (SDD). If you are receiving Supplemental Security Income your child support payments will not be automatically withdrew from your award. If however, you are receiving SSD, your child support obligation can be automatically withdrawn from this benefit.

If you have a minor child and you are receiving SSD, it is likely that the Social Security Administration will award a benefit to the minor child as well as yourself. If the Social Security Administration also pays a benefit to the minor child or the custodial parent, then this benefit may replace or contribute to your child support obligation.

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

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)

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?

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?

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?

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.