Divorces can be messy, especially if there are children involved. For a long time, many couples have fought not just because of their property issues or because of the marital problems that they have it fixed, but because of child and spousal support. At the same time, the finances during the marriage may affect its existence. The finances after the wedding is another issue altogether.
While some other reason may have caused the marital breakdown, a financial issue may stir the pot and raise other matters between the parties. Of course, when it comes to spousal support in Southfield, neither of the parties is often willing to pay alimony. It is different for child support because both parties would want to continue providing for the children and make sure that they grow up with all of their needs met.
With that, our Southfield family law attorneys have provided this short guideline on what you need to know about child support in Michigan.
What Is Child Support?
By definition, the Michigan government defines child support as “the payment of money for a child that the circuit court orders. Support may include payment of medical, dental, and other health care expenses, child care expenses, and educational expenses.”
What is the origin of the concept of child support?
The federal government has always been focused on ensuring that families stay together. If they cannot, the government aims at providing that children are adequately taken care of. This is where the concept of child support came in.
According to Title IV-D of the Social Security Act, which created the child support program, parents or guardians of children are expected to receive child support from the parent who does not have custody of the child.
Who Is Entitled To Recieve Child Support?
According to Michigan law, you can receive child support in the following circumstances:
- The parent of the minor child who has the responsibility to take care of the minor child;
- The parent where the minor child lives;
- The parent to whom the minor child is financially dependent; and
- The parent to whom the court has granted child support payment.
How Much Is Legal Child Support?
Generally speaking, the amount of child support in Southfield, MI is always dependent on the needs of the children. However, if we look at the reality of the family’s day-to-day living, many different factors are taken into account to determine the amount of child support.
What Are The Factors That Determine Child Support?
Generally speaking, the judge orders the amount of child support according to the Michigan Child Support Formula. The amount that comes out of the formula is the legally acceptable amount that has taken into account the many factors affecting the needs of the child, such as the following:
- The income of the parents;
- The number of nights that the child spends with each parent;
- The number of children that needs support;
- The costs of healthcare;
- The prices of childcare; and
- Many other factors.
Child support is also usually wrapped up in child custody, which our child custody lawyers in Southfield are happy to help with.
What If The Parties Do Not Agree With The Child Support Plan That Came From The Formula?
If the parties do not agree with the amount of child support coming from the formula, they can always file a manifestation in court. The judge may change the order if the result of the formula is shown to have been inappropriate or unfair to either of the parties.
What If The Parties Agree On A Different Amount Outside Of The Court Order?
The parties may agree on an amount of child custody that is different from the court’s order. As long as the amount is not lesser than the court has ordered, the judge may consider it as part of the legally mandated child support that the parent with custody would receive. The minimum amount the child would receive is the Uniform Child Support Order (UCSO).
What Is The Process Of Receiving Child Support?
The Uniform Child Support Order (UCSO) is the legally mandated amount of child support paid directly by the paying parent, not the other parent or the child but the Michigan State Disbursement Unit (MiSDU). The Michigan State Disbursement Unit (MiSDU) is responsible for the disbursement of child support.
What If The Paying Parents Fail To Pay?
There are some instances when the paying parent can pay child support but is unable to for one reason or another. In this part, you need to know that child support orders are always enforceable in whatever form they may be. Even if the child support is just temporary or is not yet final or a modification of the previous order, it always goes back to enforceability.
The court would have a right to do and enforcement methods to collect the child support from the paying parrot, especially for collecting child support payments that are already past due.
What Are The Ways To Enforce Payment?
To enforce collection of child support, the enforcement methods would include withholding and come from the wages of the paying parent or garnishing the refund that has in his state or federal taxes or suspending the driver’s license the occupational license and other state granted by senses of the pain parents and the court may also do contempt proceedings to garnish payment of the child support.
Let Haque Legal Help You With Your Child Support
Now that you know some facts about child support, it is time to get down to it. If you require a Southfield divorce lawyer who can assist you with ensuring that you get child support in Michigan, it is essential to know that you also have a team that can help you with your specific needs. Our law firm is dedicated to ensuring that the law will protect those who are innocent and the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice, and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you need a family law lawyer to help you during your divorce proceedings, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.
The post Michigan Child Support: Entitlement and Failure to Pay appeared first on Haque Legal.