Chryssikos Law Firm

Child Support

The Michigan Legislature has enacted the Michigan Child Support Formula, which is used in every case to determine the appropriate child support in your case. As a result of this “Formula”, child support is a function of the number of minor children, each parent’s income, and the total annual number of overnight each parent has with the children. Also taken into consideration is any child care paid by the parties, health insurance premiums paid, and tax filing status.

Generally speaking, child support may not be negotiated or bargained away and the final child support amount must be approved by the judge in the divorce or custody case. However, the court has the discretion to allow the parties to deviate from the child support formula where the parties satisfy the court that there is a valid purpose and that the children will be adequately supported.

Child support is never construed as taxable income to the recipient, nor is child support tax deductible to the payer.

Child support can be deducted from the payer’s source of income by way of an income withholding order. The support amount is deducted from the payer’s paycheck, then redirected electronically into the custodial parent’s bank account.

Child support is always modifiable in the event of a change in circumstances or a change in the custody or parenting time order. Your lawyer should have the ability to calculate and child support based upon different factual scenarios to help you decide the right course of action.