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Firm Overview

Child Custody & Child Support

If you still have questions about child custody in Michigan, Try these links:

If both parents share custody, does either parent pay child support?

Yes. In Michigan both parents are responsible for the support of their children. The court will likely order the higher-income parent to pay child support except in the unusual circumstance where both parents have exactly the same income and spend the same amount of time with their children.

How is child support calculated in Michigan?

Michigan has Child Support Guidelines which consider both parent's incomes, the number of children involved, and various custodial arrangements, such as "primary custody" and "joint/shared custody."

Support is based upon "primary custody" if one parent has the children the majority of the time while the other parent enjoys a given amount of parenting time. "Joint/shared custody" may be 50-50 if one parent has the children for 183 overnights and the other parent has 182 overnights. If time spent is not "50-50" then the joint custodial arrangement may be considered "shared economic responsibility" if one parent has 237 overnights and the other has 128 overnights per year.

The amount of support varies greatly depending upon whether you have primary physical custody, joint "shared responsiblity" or joint "50-50" custody. Unfortunately, some parents seek joint custody solely to reduce the amount of their child support. The best reason is to reflect the actual amount of time the parent spends caring for the child.

Can my former spouse and I agree to vary from the support ordered?

Yes, so long as the court agrees to it and the Judgment states what the recommended child support is and the reason for the variance from the support guidelines. Variance more typically occurs when the parties are cooperatively resolving issues without going to trial.

How often can I ask for an increase in child support? What if I don't have the money to hire a lawyer to ask for more support?

Anytime there has been a change in circumstances. Generally, the Courts will permit a petition every two years.

The Friend of the Court can give you forms with which to petition the court for more support if you cannot afford a lawyer. The forms are very simple to fill out and have good instructions.

What if my former spouse files for bankruptcy? Will I lose my child support?

Absolutely not. Under the Federal Bankruptcy Code, child support obligations and spousal support obligations are exempt from dischargability in bankruptcy.

How long does child support last?

Child support generally is paid until the child turns age 18. If a child has not yet finished high school, support will be ordered up to age 19 1/2, provided that the child is enrolled in high school on a full time basis, and has a reasonable expectation of graduating. It stops at graduation past age 18.

What about my child's college education?

Unless there is an agreement between the parents for one or both to assist with this expense, a parent's obligation for a child's support terminates at age 18 or later when the child graduates from high school, but not past age 19 1/2. This is something that may be negotiated, but is not legally required.

Is child support taxable income to me?

No it is not. It is not considered income to you, nor is it deductible to your spouse.