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Child Support Archives

Child Support FAQ's

Child support is based upon a formula that takes into consideration the incomes of both parties, the amount of overnights the payor has with the child, health care costs, child care costs, and tax exemptions.

Child Support Modification - Deviation

In Rolley v. Rolley, an Indiana Court was faced with the issue of child support modification, when the parties had deviated from the child support guidelines. When Father and Mother divorced, they reached an agreement regarding child support that substantially deviated from what would be ordered by applying the Indiana Child Support Guidelines. Later, Mother petitioned to modify Father's child support obligation. The trial court granted the motion and modified Father's support requirements. Father appealed, arguing that agreed child support terms cannot be modified absent a substantial and continuing change in circumstances that renders those terms unreasonable. The Court of Appeals affirmed. The Supreme Court granted transfer, adopted the portion of the Court of Appeals' opinion that addresses the available grounds for modification, and summarily affirmed the portion of the Court of Appeals' opinion addressing the trial court's calculation of Father's support obligation. Thus, the Court determined that the standard for modification was not only a substantial and continuing change, but also the timing and amount of the deviation.

Unpaid child support? We can help

How much does it cost the average parent to rear three children from birth to age 18? Some sources say $1 million. However, Anne Dias Griffin, who had three children with hedge fund billionaire Kenneth Griffin, thinks the number lands closer to $1 million per month.

What Expenses Does Child Support Include?

The Michigan Child Support Guidelines were modified in 2008 in order to create a more graduated decrease in child support as the payor's parenting time increased. Prior to 2008, there was essentially a cliff where if the payor reached 128 overnights, the child support dropped dramatically. This tainted many divorce and custody negotiations because the negotiations centered on money and not what was in the best interests of the minor children. So, the new formula took care of that. Unfortunately however, the guidelines do not tell us exactly what the child support is used for.

Behind in Child Support? Want to Increase Child Support?

If you are the payor or the person paying child support (remember, in today's world, it's not always the husband that pays. . .but that's a discussion for another blog post) pursuant to a custody order contained in a divorce judgment or custody agreement, you should be aware of your rights. Most cases opt to utilize Friend of the Court services so that the payments go directly from the payor's pay check, through the Michigan Disbursement Office and deposited into the payee's bank account. Friend of the Court can also assist parties when they have parenting time disputes but whether to pursue such a matter on your own is something you must think seriously about because a family law attorney (i.e. me!) will follow proper procedure and assist you in putting your best foot forward. In addition, by law, you get a free review of child support every 36 months and you don't have to use a lawyer.

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