Sterling Heights Child Support Lawyers

Michigan attorneys advocate for clients in Macomb and Oakland Counties

Parents who are no longer together have a legal and moral obligation to provide financial support for their children. While this seems indisputable, resolving specific child support terms can be a source of ongoing conflict for parents. At Goetting Corrado Law Group, P.C., our Michigan child support lawyers understand the importance of obtaining a fair child support payment for you and your family. Our Sterling Heights firm helps clients from Macomb and Oakland Counties understand how the state’s child support guidelines apply to their situation and represents them in negotiations and court proceedings when the formula does not fairly reflect the circumstances. You can also rely on us for sound counsel if your existing child support order needs to be modified or enforced.

How child support is determined under Michigan’s formula

When parents in Michigan live separately due to divorce or because they never married in the first place, statutory guidelines and a formula are applied to determine how much monthly child support a parent must pay. Generally, a parent’s baseline share of financial responsibility is proportionate to their share of the total parental income. So if the combined monthly parental income is $10,000, a parent who earns $6,000 would be responsible for 60 percent of the total child support cost. Additionally, it is important to keep in mind that a spouse who is voluntarily underemployed or unemployed might have to pay more than normally would be required of someone with their reported income.

The Michigan Child Support Formula considers the following factors: 

• Both parents’ incomes
• Number of overnights the child spends in each parent’s home
• Number of children supported
• Children's health insurance premiums
• Childcare costs

Each situation is unique and there might be circumstances that compel a judge to modify the child support amount calculated using the formula. For example, a parent could have access to substantial wealth that is not reflected in their income, or child-rearing costs could be increased due to a medical condition or other needs. Our family law attorneys examine all of the relevant facts and advise clients on what an appropriate child support amount might be.

Modifications to existing child support orders

A parent’s financial situation can change quickly. If that happens, a modification to their child support order might be justified. However, this is not something that should be handled informally. If either parent suffers a job loss, experiences a serious medical problem, benefits from a financial windfall or has an unexpected income increase or decrease for another reason, a motion for modification must be filed before the legal obligation is adjusted. Generally, this is a circumstance that would change the formula child support rate by at least 10 percent or $50 (whichever is greater) in either direction. Seeking a modification also could be justified by an increase in child-rearing expenses caused by a health issue, educational expense or extracurricular activity. A paying parent might also request a change from the Friend of the Court (FOC) if they parent another child with a new partner. Absent any unexpected change, the FOC can conduct a review of a support order every three years.

What happens if a parent cannot pay their child support obligation?

If you cannot make child support payments, you can request a temporary or permanent modification from the court for your child support obligation. To make such a request, you must prove that your financial situation has changed. Evidence to support your request could include pay stubs, tax returns and/or other proof of income.

The FOC will review your case and may file a motion on your behalf if they consider your change in circumstances reason to warrant a modification. At that point, the court will consider whether it makes sense to adjust your child support payments. The court will also refer to other factors such as whether doing so would be considered in the best interest of the child.

Enforcement actions against nonpaying parents

If the parent ordered to pay child support falls behind in their payments, a motion can be filed to secure the money that is owed. There are numerous specific legal methods that can be used to compel payment, including wage garnishment, the suspension of a driver’s or professional license and possibly even jail time. There are cases where a mother must first establish legal paternity of her son or daughter’s biological father to obtain a child support order. If you are not receiving the child support you’re entitled to, waiting to take action could put you and your child in financial jeopardy. You can rely on us to advocate for a prompt resolution that fully addresses the past due amount.

Contact a Michigan child support lawyer to set up a free consultation

Goetting Corrado Law Group, P.C. in Sterling Heights handles a full range of child support matters for parents in Macomb and Oakland Counties, including modification and enforcement actions. You can schedule a free consultation about your situation by calling 586-544-7825 or contacting us online.