By: Robert J. Stelmock, Attorney & Mediator at Stelmock Law Firm, PC
Overview of Child Support
As a Michigan Child Support Attorney we are commonly asked about child support and how much you are required to pay for child support. First of all what is child support? Child support is money paid by a non-custodial parent to the custodial parent for the support of a minor child. In determining the amount of child support, Michigan has adopted a Statewide Child Support Guideline. In accordance with federal law, the Judge and the Friend of the Court (hereinafter FOC) must use the Guideline in setting support levels unless it would be grossly unfair to do so. The Guideline considers the incomes of both parents and the needs of the child based on national statistics showing what it costs to raise a child in a typical family of a similar income level. once a full disclosure of both parent’s finances has been made, the attorneys at Stelmock Law Firm, PC will use the Guideline to calculate the amount of child support . Child support is not a tax deductible to the parent who is paying it and it is not taxable to the parent who receives it.
Child support is based mainly on the child’s needs (in conformity with the lifestyle of the parties), and the ability to pay. The FOC may calculate the amount (and may include a payment for a portion of daycare expenses). If your partner or former partner is ordered to pay child support then an order of income withholding may occur. An income withholding order compels his or her employer to automatically deduct the amount of child support from each paycheck. If a payer failed to pay court ordered support, then he or she may be held in contempt of court. This may result in a jail term.
The variables that the court considers when setting an amount of child support include but are not limited to the following:
- The number of minor children?
- Income for Plaintiff?
- Income for Defendant?
- Who pays the health care for the children?
- Amount of day care expense, if any, and who pays it?
- Number of overnights for the non-custodial parent, if more than 78?
- Number of overnights for each child?
- Whether Plaintiff or Defendant has a second family?
- Other support orders that payor is required to pay?
Your specific situation may be somewhat different from the norm; please call Stelmock Law Firm, PC at 734.927.9782 to discuss your matter.