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There is an objective formula that is in place in Michigan when it comes to determining child support. The three main factors involved – your income, the other party’s income, and the number of overnights the child(ren) will spend at your residence and at the other party’s home – come together to create a non-negotiable number. This is the amount of child support that one party pays to the other.
The other legal constant is that one party will have custody of the child and the other party will pay child support. It’s understandable that divorcing couples – particularly those who are not divorcing amicably or who are already having financial issues – will worry about whether or not their child support will be delivered in full and in a timely manner.
Income Withholding in Michigan
In the state of Michigan, it is required by law that any divorce case that involves child support is subject to an income withholding order which is entered into the final judgment of a divorce.
In the simplest terms, this means that the employer of the party who will be paying child support is ordered to deduct the determined child support amount from that person’s payment and submit it to the Michigan State Disbursement Unit (MiSDU).
This could be interpreted as “forcing” someone to pay child support. But MiSDU is actually intended to make life easier for divorcing parties by regularly disbursing the child support payments, tracking payments that are in arrears, and so on.
Michigan Divorce and Child Support Modification
However, there are always circumstances that can arise which alter the way child support is calculated and affect how much money an ex-spouse will receive. Job loss is the biggest factor, and in the case of such a big change, a child support modification may be in order.
Whatever the situation surrounding child support modification, any changes cannot occur outside of the courtroom or without the jurisdiction of the judge who was assigned to your divorce case when your divorce papers were filed. The judge will determine when or if child support modification is warranted.
Take Precautions with Child Support
Too often, problems receiving child support stem from unwise decisions made by the divorcing parties. There are couples who believe their divorce will be amicable and therefore choose to opt out of the Friend of the Court in Michigan when it comes to child support and income withholding. They believe they can always manage money issues between themselves without legal intervention.
Unfortunately, situations and divorces may not always remain amicable, and ultimately child support can become a serious problem between former spouses. Financial situations can change. It is always the smart choice to take advantage of the free service that is the Friend of the Court.
If you have questions about the divorce process, child support, or income withholding, contact Femminineo Attorneys, PLLC in Macomb, Michigan, to schedule your free initial interview.
Most lawyers are in a general practice and do some of everything. One of our main focuses is on Family law and being expert at divorce, custody and support matters.
We are in court daily, working with the family court judges, their staff and clerks, the Friend of the Court office, the Bar Association and other attorneys working in this area. We pride ourselves on fighting hard for our clients while working well with everyone.
Our extensive experience and strong relationship with the courts and our peers leads many judges and attorneys to hire us to act as Mediators in other Family Law cases. Make no mistake; having a strong working relationship with the court can have a massive impact on your case. Unlike most attorneys, we have no fear of the court room and are in trial regularly against the best in the business. We see the judges every week and maintain strong ties with their staff.
Although every attorney can “handle” your case, Femminineo Attorneys cares about you and your family. We work extremely hard to keep this difficult process civil and to shelter your children from as much of the negative facets as possible.
Once your case is concluded, we will be there to help you with any post-judgment problems that may arise.
Everyone’s financial situation is different and we work with our clients to formulate a fee arrangement that works within your means.
We have handled every possible situation involving domestic law. We will do everything possible to wrap up your case in a timely manner, avoiding delays that cause unnecessary legal fees.
When your case cannot be easily solved, we will fight hard and use all of our resources to win. Unlike most attorneys, we have no fear of the court room and we regularly win cases against the best in the business at trial.
Unlike many attorneys who have a part-time typist and work 30 hours a week, we have an expert staff available all day long to assist you and provide immediate service. We are available to our clients 24 hours a day through our hot line at 586-854-3654.
At Femminineo Attorneys, your case will be handled by an experienced family law attorney. Each of our attorneys in our family law division has many years of experience in handling family law matters.
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The information presented within this website is for general information purposes and is NOT and should not be considered as being “legal advice”. You should not act on any information presented herein without the verifying same with your attorney.