CHILD SUPPORT

Child Support Attorney In Farmington Hills MI


How is child support determined?


Child Support is determined by the Michigan Child Support Guidelines.

The formula uses your income, your spouse’s income, the number of overnights you have with the child(ren) and overnights with your spouse, medical premium payments, daycare, and income tax ramifications. Our financial team equips you to make the proper decisions and gives you a winning edge.

The legal system, because overnights with the child(ren) determine Child Support, in their wisdom have created a battlefield for Parenting Time and Custody litigation. Tim Ash is a seasoned veteran who understands how critical it is to prepare and overcome the problems created in the law

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According to Michigan Family Law, a parent can be ordered to pay another parent money to cover the expenses of raising the child. Known as child support, this money can be an area of contention between parents. Often, each parent has a different idea of what a fair allotment is.

Fortunately, there are laws in place to help a judge determine what is a fair amount of child support. By working with a child support attorney in Farmington Hills, MI, you can learn more about child support laws. Ash & Ash Legal Group has the ability and the experience to handle all of your child support issues.

Who is Liable for Child Support?

Every child has a right of support from their parents. But the responsibility of that support does not lie solely on the shoulders of one parent or the other. Rather, it’s the responsibility of both parents. No matter how infrequently a child sees one parent, that individual is still responsible for supporting them financially.

In Michigan, if you are the presumed father but you doubt your relation to the child, you can challenge your parental status. This isn’t always successful and perhaps not a reasonable approach in some cases so if a judge believes it would hurt the child to revoke paternity, they may refuse allow for a challenge in the court of law.

Unmarried parents need to establish paternity. This can be done through a paternity affidavit, genetic testing, or the court. Once a parent has established paternity, there is no going back. Even terminating one parent’s parental rights does not mean they don’t have a financial obligation to the child. Child support is rarely waived, but the court could formally end the requirement. Another exception could be made when another parent adopts the child.

Child support orders are not permanent. Instead, they are only valid until the child reaches a certain age. If the child graduates high school at 18 or younger, the support will end when they turn 18. But a parent with a child who graduates at 19 could still be required to pay child support.

How to Calculate Child Support in Michigan

For child custody issues, the court relies on guidelines but takes everything on a case-by-case basis. Child support is very different. Rather than evaluate each case separately, the court uses a formula to calculate how much a parent owes.

All of the following details are considered when it comes to child support calculations:

Income

One of the most important factors is the income of each parent. This is all-inclusive and doesn’t just count your wages. It also includes overtime, bonuses, commission, investment earnings, and other forms of earnings.

There is a misconception that Social Security and unemployment income are not included in child support calculations. However, this is not the case. Worker’s compensation, social security money, retirement income, spousal support, and gambling winnings also are counted.

Mandatory Deductions

There are some deductions that lower the amount of child support money a parent owes. For instance, taxes, union dues, owed spousal support, and insurance premiums are deducted from the total.

Number of Children

If the parents have multiple children, the court considers the number of children in the calculations. Typically, the amount of support increases as the number of children increases.

Deductions for Other Children

One or both parents could have other biological children. If they make or receive child support for those children, this is considered in the formula.

Tax Filing Status

The tax filing status of each parent matters. More specifically, it’s important to note who claims the child or children as dependents. Because a parent receives a tax deduction by declaring a child on their taxes, doing so can decrease child support.

Childcare Costs

Raising a child costs money, and childcare significantly contributes to that cost. Before assigning child support, the court will calculate the amount of money spent each month on daycare.

Medical Expenses

The parent who pays health insurance premiums and out-of-pocket medical expenses has a large burden on their shoulders. Therefore, the court includes medical expenses in their calculations.

Parenting Schedule

Another key factor is the parenting schedule. The court looks at how many overnights each parent spends with the child. Typically, the child support amount decreases as the amount of overnight visits decreases.

How to Modify Child Support

Your child support payments may not be set in stone in perpetuity . Although you need to take a legal route to modify the agreement, it can be done.

If something changed in one or both parents’ living situations, child support may change. For instance, any of the following circumstances could merit a modification of the agreement:

  • Job and income change
  • Changes in personal cost of living
  • Promotion
  • Injury
  • Birth of another child
  • New expenses for the child

To get the agreement changed, a parent needs to petition the court for a modification of the agreement. There needs to be evidence of the change and a compelling argument. For the court to grant a change, they will consider what is in the best interest of the child as well as the change in circumstance.

Working with a Child Support Attorney in Farmington Hills, MI

Although there is a formula for child support, the formula is not the last word on the matter. The court makes an informed decision on the matter. When you work with someone who has knowledge of family law in Farmington Hills, MI, you improve your chances of a fair child support order.

A child support lawyer stands up for your rights. Whether you are the one paying or receiving child support, you deserve a fair agreement. Your child support lawyer in Farmington Hills, MI will fight for you. They also will guide you through the process and answer any questions you have about the agreement.

In Farmington, both parents usually need to work to make enough money to raise a child. The median household income was only $66,453 in 2017. If you’re struggling to get by, you might need the help of an experienced law firm. Here at Ash & Ash Legal Group, we’ve seen many parents suffer because of unfair child support agreements. Our firm wants to fight for you and your family. Call us today to learn more.

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