Oakland County Child Support Lawyer
Very important financial issues are at stake for both the parent who has custody and is collecting support, and the parent who has been ordered to pay child support. We are here to help you understand how child support works – and to ensure that you obtain the best possible child support order.
Choosing an attorney to handle your child support matter is an extremely important decision. Thousands of dollars – and your children’s well-being – are at stake. You need to choose an attorney who is highly experienced in child support matters law – and who is someone you can trust, and with whom you can be completely honest. Experienced family law attorney Starla Zehr has successfully represented hundreds of men and women in their Oakland County child support cases.
Starla offers caring, compassionate advice & aggressive representation at affordable rates. Call Starla today for a free, confidential consultation.
Understanding Michigan Child Support Law
Child Support is handled through a special division of the Court System called “Friend of the Court.” When a child support order is entered in Michigan, the Court will also order that the payments be automatically deducted from the non-custodial parent’s paycheck. This is called income withholding.
The Michigan Child Support Calculator is used by the Court to calculate the amount of child support that will be ordered. The primary goal of the formula is to ensure that children receive adequate financial support based upon their needs and the resources of each parent. But the “formula” is not just a simple chart. It is actually a very complex series of calculations that take into consideration a wide variety of factors.
The Michigan Child Support Formula considers such factors as:
- The actual number of overnights that the minor child(ren) spend with each parent;
- The income of each parent;
- Family size;
- Child care expenses;
- Number of other minor children;
- Pre-existing support orders (if any);
- Health Insurance premium expense (if child is covered);
- Tax Status (including the valuable allocation of the child tax deduction); and,
- Union dues and other mandatory employment expenses.
Note: This formula is adjusted every year to reflect changes in the cost of living.
The Court may also consider deviation from the mandatory support guidelines under applicable circumstances that require strict factual findings by the Court. This is a complex topic that requires professional legal analysis. Because it is such a complicated formula – with different factors being given different weight – it is unwise to try and “guess” at what your child support may be.
Once a support order has been entered, the Court retains authority until the child reaches the age of 18, or until the child graduates from high school, but not later than when the child reaches 19½ years of age.
The information available online about the child support formula is easy to misunderstand or misinterpret and can also be wrong or outdated, since it changes annually. An experienced family law attorney is the only person who will be able to look at all of the factors that apply to you and help you determine the amount of child support that you will be likely to receive or pay.
Modifying Child Support Orders in Michigan – Clarkston, Waterford Lawyer
In Michigan, if it has been more than 36 months since a parent has requested a child support review, that parent may petition the Friend of the Court to conduct a review. If both parents agree to the modification, the Court will usually approve the change. But, if the parents do not agree upon the proposed change in support, a motion must be filed, and the Court will make a determination.
Child Support orders may be reviewed and modified upon any significant change of circumstance (including adjustments of overnights and income for both parties) upon a proper petition that is filed with the Court. It is important to note that a Motion must be filed to deal with financial changes that may occur for both parties after a support order is entered by the Court. For example, if a party becomes unemployed, or believes that the other party has significantly improved their personal income, that party must file a Motion to change or alter their support obligation, and the change will only be made retroactive to the date the actual motion is filed with the Court.
Natural changes that occur with parenting time scheduling may also affect child support, but only where a proper motion is filed with the Court.
Alternatively, local court rules allow an administrative review every three years which may be the only time the Court intervenes on this important financial topic unless either party files a motion.
Because child support is often only reviewed on a three year basis, it is crucial that you obtain knowledgeable and aggressive legal representation, to ensure that a fair decision is reached. For example: a difference of only $40/week adds up to a total difference of $6,240.00 over the course of just three years!
We understand the complex details of the Michigan Child Support Formula, and have decades of experience successfully handling Child Support Motions. We will use our skill and our knowledge to fight for your rights and get the child support ordered that is fair for you. If you are facing a divorce or Child Support Motion, or if you are simply considering having your child support reviewed, call us today for a no-obligation review of how the Michigan Child Support Formula applies to your specific situation.
Experienced Oakland County Child Support Attorney Starla Zehr Can Help
Experienced divorce attorney Starla Zehr has successfully represented hundreds of individuals in their oakland County child support matters. She will offer you compassionate advice and aggressive representation at affordable rates, to ensure that you get the best possible results in your child support case. Call Starla for a free, confidential consultation today.
