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Ten Child Support Issues in 2010

10.    What is the basis for determination of child support in Michigan?  The laws differ from state to state.  Normally there is a formula used.   This formula looks at the income of both parents,  along with the number of overnights the child or children spend with each parent. This  computer formula is then run based upon these factors to come up with the appropriate  amount of child support.  

9.    I am paying child support, and feel that my former wife who is receiving it, is spending it  frivolously.  Does she have to account for it?  The answer is no.  Child support is supposed to be for your child or children, but there is no accounting required.  It normally includes payment towards housing, utilities, food, clothing, gasoline,  entertainment, etc. In most instances, the cost of raising a child is far less than the amount of child support being paid and received.



8.    If I am seeking a modification or review of child support, how long does that take?  It normally takes two to three months, again, depending on how back-logged the system is, and how your courts work depending on the state or county where you are filing for a  modification to increase or decrease child support.

7.    At what age does child support normally end?  Normally it ends when a child reaches the  age of majority, but this differs from state to state.  In Michigan, for example, child support ends when a child is eighteen (18), or finishes high school, whichever is later, but  not beyond age 19 and a half.

6.    Does child support include extra-curricular activities?  That depends, and this is a question that you should ask your attorney.  In many cases, I will negotiate a settlement  of a divorce that includes child support, and also has an agreement that extra-curricular activities such as soccer, ice-skating, hockey, dance, boy scouts, girl scouts, tutoring, music lessons, etc.  are not to be part of child support and are to be paid either based  upon an agreement, a formula, or percentage.   This is something that should be discussed on a case by case basis with your attorney.

5.    How often should child support be reviewed?  Again, that varies from state to state, and     normally, for example in Michigan where I practice, child support is reviewed approximately every three (3) years, unless there is some substantial change in  circumstances, such as a job loss, or a promotion or drastic change in income.

4.    Is child support modifiable?  Absolutely.  It is always modifiable based upon changes in  circumstances, including receiving a promotion and raise, someone losing a job.  In this  tough economy, job losses and reduction in salaries happen all too  frequently and are a  reason for modifying child support.

3.     If I’m not receiving child support, is that a reason for denying parenting time/visitation?  No, it is not.  Those are separate and if you are not receiving child  support, you should have the parent who owes you the money taken to court based upon what is called a show cause for non-payment of child support.  This is often done with an attorney, or in many states, is done by an arm of the Friend of the Court, such as a Friend of the Court  and an attorney is not necessary.  Failure to pay child support is not a reason to deny  parenting time.

2.    If I am seeking child support, or a change in child support, what preparation should I do  before meeting with an attorney?  Have your income information, including pay stubs  and tax returns.  Have income information not only from your employment, but also if you have any income producing assets such as savings or stocks or bonds, this should be included.  If you know the other party’s income, such as a former spouse, or the parent in the event that the parties were never married, this information will also be helpful.  Your  attorney, before filing, can run computer guidelines to give you an idea as to what to  expect, and whether or not it is worth filing a petition to set or modify child support.

1.    In Michigan, there is no retroactive modification of child support, which means that when someone is modifying child support either upwards or downwards, it is set from the date of the motion requesting the increase or decrease in child support.  If someone is  changing a job, losing a job, or suffering a vast reduction in income, it is important to file  as soon as possible.  Delays will be costly.

 

If you have questions about child support in Michigan, contact our Henry S. Gornbein today.

 
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