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The relationship between custody and child support in Michigan

The relationship between custody and child support in Michigan

Traditionally, the relationship between custody and child support in Michigan was intimate.  A change custody would result in a change in child support.  Many people still believe this to be the case.  However it is not.  Custody and child support have little in common because physical custody does not necessarily describe where a child is spending overnights.

Legal custody defines how major legal decisions are shared.  However, the term physical custody historically described which parent had the majority of parenting time.  Now a parent can have joint physical custody with less than equal parenting time.  Therefore, the relationship between custody and child support is better explained by the relationship between parenting time and child support.

Under the Michigan Child Support Formula Manual, the two most important factors in determining the amount of child support are the number of overnights the child spends with each parent and the income of the parties.  The other considerations include dependency exemptions, child care and health insurance costs.

Simply put, child support goes up and down not only with the income of the parties but also with the number of overnights each parent spends with the child.  Therefore, provided the income of the parties remains the same, if the parent receiving child support spends less overnights with a child, child support goes down.  If the parent receiving child support spends more overnights with a child, child support goes up.

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Michigan child support laws questions answered:

Q:  Who pays child support in joint custody?

  • Court’s do not look at the custody arrangement when determining child support.  Child support is determined primarily by evaluating the number of overnights and the income of the parties.

Q:  Is there a Michigan child support calculator?

Q:  How is child support decided in Michigan?

Q:  Is there a statute of limitations on child support?

Q:  Can someone go to jail for not paying child support in Michigan?

Q:  Can veterans benefits be used to pay child support?

Q:  How can you avoid paying child support?

Q:  Who pays for college after high school?

Q:  How to secure the future payment of child support?

Q:  If child support payments are not made, can parenting time be denied?

  • Michigan law provides that a child shall have a right to visit with his/her parents unless it is shown on the record that there is clear and convincing evidence that it would endanger the minor child. Parenting time cannot be denied if child support payments are not made.  Michigan does provide penalties for not paying child support, however, the penalties cannot include termination or suspension of parenting time.

Q:  If I have joint physical custody do I still have to pay child support?

  • A child support award is calculated in cases with joint custody.  Joint physical custody does not have to mean equal parenting time.  Child support is primarily based on the number of overnights the child spends with a parent and the income of the parties.

Q:  What if we have equal parenting time (visitation) is support ordered?

  • Child support will still be ordered unless the parties have the same income.

Q:  If I have more parenting time or custody, will I receive child support?

  • As a general rule, the parent with the most overnights receives child support.  Child support is also based on the income of the parties along with the costs of daycare and healthcare expenses.  The Michigan Child Support Formula Manual is utilized to determine the amount of child support paid and received by parties.

Child support in Michigan articles

Child Support Resources

Child support in Michigan:  https://www.thedivorceguy.com/child-support-michigan/

Child Custody in Michigan video:  https://www.thedivorceguy.com/kids-custody-and-support/

Child Custody laws in MI:  https://www.thedivorceguy.com/child-custody-laws-mi/

Child Custody evaluation video:  https://www.thedivorceguy.com/a-child-custody-evaluation-are-you-ready-to-take-the-test/

Child Custody Modification – How to modify a child custody award:  https://www.thedivorceguy.com/custody-modification-modify-child-custody-awar/

Michigan child custody law – can a child choose who to live with?  https://www.thedivorceguy.com/michigan-child-custody-law-can-child-choose/

Michigan child custody, child support and parenting time video:  https://www.thedivorceguy.com/custody-support-parenting-time/

The Moral fitness of the parties – Michigan custody and parenting time:  https://www.thedivorceguy.com/moral-fitness-parties-michigan-custody-parenting-time/

Joint legal custody in Michigan:  https://www.thedivorceguy.com/joint-legal-custody-michigan/

Physical custody in Michigan:  https://www.thedivorceguy.com/physical-custody-michigan/

Best interest of the child in Michigan:  https://www.thedivorceguy.com/best-interest-child/

About Findling Lawdivorce and christmas

I have been exclusively practicing divorce and family law in Michigan for over two decades.  The attorneys at Findling Law all share the core value of practicing law to help people navigate change in their lives, without compromising principles.  We specialize in high socio-economic, high-profile and high-conflict cases, while also working with clients of all backgrounds. We recognize that the most important aspect of the practice of law is the application of the law to your specific circumstances.

That is why we provide more free information on divorce and family law than any other Michigan law firm. We want to help you manage your situation. Allow our exceptional legal team to help you navigate the change in your life, without compromising principles.

We want to help you manage your situation. Let our exceptional legal team help you . . .

REQUEST A FREE CONSULTATION DISCOVER MORE

Local: +1 (248) 399-3300 – toll free:   (877-YOUR FIRM)

After hours emergency?:  +1 (707) 968-7347

Or email me at:   Daniel@Findlinglaw.com

By:  Daniel Findling

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