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Nothing is more important than your child’s well-being. Ensuring they have the financial resources they need to thrive is a fundamental responsibility. Yet, the process of establishing, modifying, or enforcing child support can become a source of immense financial pressure and emotional conflict.Whether you are trying to secure a fair support order, need to change an existing one because of life changes, or are not receiving the payments you are owed, the system can feel complex and impersonal.

The Michigan Child Support Formula, the Friend of the Court, and judicial hearings all have their own set of rules and procedures. Getting this right is not just about the numbers; it is about securing your child’s future and protecting your own financial stability.

You need clear guidance and strong advocacy from a Michigan child support lawyer who will fight for a fair and just outcome. At Friedman Law Firm, we recognize what is at stake.

We provide the focused, experienced legal representation required to protect your family’s interests and bring clarity to your case.

How Child Support Is Calculated in Michigan

In Michigan, child support is determined by a specific, state-mandated formula. While it is called a “formula,” the final amount is not always a simple calculation. The formula considers several key pieces of information to determine a support obligation.

Disputes often arise over the accuracy of the information that goes into the formula, and having a skilled attorney becomes essential. A small miscalculation or omission can result in an unfair order that lasts for years.

The court and the Friend of the Court will examine several primary factors.

Each Parent’s Income

The court examines the net income of both parents. This is not just a salary; it can include wages, overtime, bonuses, commissions, self-employment income, and even certain benefits.

Determining the true income of a self-employed parent or a parent who earns irregular income can be a significant point of contention. We work to ensure a full and accurate financial picture is presented to the court.

Parenting Time and Overnights

The number of overnight stays the child has with each parent per year is a major factor in the support calculation. The formula adjusts the support amount based on this schedule.

Disputes over the parenting time schedule can directly affect the child support obligation, making it vital to have both a custody and support order that accurately reflects the family’s reality.

Childcare and Healthcare Costs

The formula accounts for necessary expenses outside of basic needs. This includes the costs of work-related childcare and the premiums for health, dental, and vision insurance for the child.

These amounts are typically divided between the parents based on their respective incomes. Ensuring these costs are documented and included correctly is vital for a fair calculation.

The Friend of the Court: What Is Its Function?

In any Michigan divorce or custody case involving minor children, the Friend of the Court (FOC) plays a significant part. The FOC is an arm of the family division of the circuit court.

Its duties include investigating, making recommendations, and helping to enforce orders related to child custody, parenting time, and child support. When a dispute arises, the FOC will investigate and issue a written recommendation to the judge.

The FOC works for the court, not for you. The FOC referee or case worker is a neutral third party. They will not give you legal advice or act as your personal advocate.

Their job is to gather facts and make a recommendation based on the law and the formula. You need your own attorney to ensure your side of the story, your financial documents, and your arguments are presented to the FOC as effectively and persuasively as possible.

A strong presentation to the FOC can often lead to a favorable recommendation, potentially avoiding a costly and prolonged court battle.

Why Choose Friedman Law Firm for Your Child Support Case?

When your family’s financial future is being decided, you need a law firm that combines decades of family law experience with a commitment to achieving practical, effective solutions.

You need an advocate who is respected in the local courts and who will give your case the personal attention it deserves.

A Respected Leader in Family Law

Our family law practice is led by partner Robert S. Friedman, who has dedicated his career to helping families through difficult legal matters. Our firm has decades of experience in the family courts of Royal Oak, Oakland County, Wayne County, and Macomb County.

We have built a reputation among judges, FOC staff, and opposing counsel for being thoroughly prepared and unyielding in the pursuit of our clients’ goals. We are not just familiar with the law; we are familiar with the local court systems and the people who work within them.

Focused on Efficient and Effective Results

We know that a prolonged legal battle can drain your finances and your emotional energy. Our first approach is to find the most direct path to a fair resolution. This often involves skillful negotiation with the other party’s attorney or presenting a well-documented case to the Friend of the Court to secure a favorable recommendation.

However, when the other side is unreasonable or a fair agreement cannot be reached, we are always prepared to aggressively litigate your case in front of a judge to protect your rights.

A Commitment to Clear Communication

Legal cases are stressful, and not knowing where you stand only makes it worse. We believe you have a right to be informed and involved in your case. We make it a priority to return your phone calls and emails promptly.

Our attorneys will explain your options in plain language, assess your situation honestly, and provide the information you need to make confident decisions for your family.

Modifying a Michigan Child Support Order

A child support order is not necessarily set in stone until a child turns 18. Life changes, and when those changes are substantial, the law allows you to seek a modification of the support amount.

However, you cannot change the amount just because you want to. You must demonstrate to the court that there has been a “significant change in circumstances” since the last order was entered.

An experienced family law attorney can help you determine if your situation qualifies for a modification and can file the necessary motion with the court.

Common reasons for seeking a modification include:

• A significant change in income for either parent (such as a job loss, a promotion, a new job, or a disability).
• A change in the child’s needs, such as the development of a serious medical condition that requires expensive care.
• A change in the parenting time schedule, where one parent is now caring for the child for significantly more or fewer overnights.
• A change in childcare or healthcare costs, such as a child aging out of daycare or a large increase in insurance premiums.
• A parent’s retirement or incarceration.

Enforcing a Child Support Order

If you are the parent who is supposed to receive child support and the other parent is not paying, it can create an immediate financial crisis. You do not have to wait and hope for the payments to arrive.

The law provides powerful tools to enforce a child support order and collect the money your child is owed. We can help you file an enforcement action to hold the non-paying parent accountable.

The Friend of the Court and the judge have several methods they can use to compel payment, including:

1. Income Withholding Order: This is the most common tool. The FOC can order the non-paying parent’s employer to automatically deduct the support amount from their paycheck.
2. Tax Refund Intercept: The FOC can seize state and federal tax refunds to satisfy past-due support (arrears).
3. Lien on Property: A lien can be placed on the non-paying parent’s real estate or personal property, which must be paid before the property can be sold or refinanced.
4. License Suspension: The court can suspend the non-paying parent’s driver’s license, occupational license, or recreational licenses.
5. Contempt of Court Proceedings: For willful failure to pay, a judge can find the parent in contempt of court. Penalties can include fines or even jail time until a portion of the past-due support is paid.

Frequently Asked Questions About Child Support in Michigan