Wayne County Child Support Attorney
The Mitten Law Firm is a dedicated family law firm specializing in Wayne County child support matters. We understand how critical these matters are for parents seeking clarity and security for their children’s future. Whether you are navigating your first support order, seeking a modification, or enforcing an existing order, having the right information—and the right advocate—can make all the difference.
Below, we’ll break down the key aspects of child support law, including how support is calculated, what to expect during court proceedings, and ways to handle common challenges. Our goal is to empower you with practical knowledge so you can make informed decisions that protect your children’s well-being. Let’s get started on making sure your family’s best interests remain the top priority.
How Is Child Support Calculated In Wayne County?
In Michigan, child support is determined primarily through a set of guidelines known as the Michigan Child Support Formula. This formula is designed to ensure that both parents contribute to their children’s financial needs in proportion to their respective incomes and other relevant factors. Although this formula is systematic, every family situation is unique, and courts can deviate from the guidelines under certain circumstances. Below are some key elements the state considers when calculating child support:
Parents’ Incomes
Gross Income: Both parents’ earnings, which may include wages, salaries, tips, overtime pay, bonuses, commissions, and, in some cases, certain types of benefits or investment income.
Potential or Imputed Income: If a parent is unemployed or underemployed without a valid reason, the court may assign an estimated income level (imputed income) based on the parent’s earning potential.
Number of Overnights
Child support calculations take into account how many nights a child spends with each parent. Generally, the more overnights a parent has, the lower their support obligation may be.
Healthcare and Childcare Costs
Costs for medical insurance, out-of-pocket medical expenses, and childcare expenses (e.g., daycare, after-school care) are factored into the formula to ensure these essential needs are covered.
Additional Factors That Determine Child Support Calculations
The court will look at any extraordinary expenses such as educational costs, extracurricular activities, and other special circumstances that may impact the child’s well-being and financial needs.
Child Support Modification
Child support orders are not set in stone. Over time, life circumstances can change in ways that make an existing child support arrangement either insufficient or burdensome. In Wayne County, as in the rest of Michigan, you have the right to seek a modification of your child support order under certain conditions.
Below is a comprehensive overview of how modifications work, what to expect, and how to protect your family’s best interests throughout the process.
Common Reasons to Seek Child Support Modification
Change in Income:
A significant increase or decrease in a parent’s earnings due to job loss, promotion, new job, or reduction in hours may warrant a modification.
If one parent becomes permanently disabled or otherwise unable to work, this could also necessitate an adjustment.
Change in Parenting Time:
Child support in Michigan is partially based on the number of overnights each parent has with the child. If there is a substantial change in the parenting schedule, support calculations may need to be updated accordingly.
Change in the Child’s Needs:
Children’s needs evolve as they grow, and unexpected medical or educational expenses may arise. If these changes are significant, a modification request could be appropriate.
Get A Free Child Support or Family Law Consultation
Child Support FAQ
Child support in Michigan can often be confusing. Especially if this is your first interaction with Wayne County Friend of the Court, you may be feeling overwhelmed by paperwork and a litany of confusing processes. At The Mitten Law Firm, we understand that you have many questions, and below, we outlined some of the most frequently asked questions about child support and had Derek Jacques, an experienced Michigan child support attorney answer them.
Is Child Support Taxable?
The short and sweet answer is no. Child support is not taxable income for the recipient, nor is it deducible for the payer. This confusion seems to stem from the differences between spousal support (alimony) and child support.
Prior to 2019, spousal support was taxable and deductible, but the passage of the Tax Cuts and Jobs act of 2017 decreed that alimony was no longer subject to taxes. So if your divorce was finalized after January 1st, 2019, you do not need to declare it as income, nor can you deduct it. However, if your divorce was finalized prior to this time, you are still subject to the old system.
Child support, on the other hand, has always been “tax-neutral”. You can read more about whether child support is taxable or not in our blog.
Can Child Support Be Taken From Disability
Again, a short answer/long answer situation. The short answer is “it depends”. If you are referring to SSI, then no, your SSI benefits cannot be garnished to pay child support. However, if you are receiving SSDI benefits, then yes, they are subject to being used for child support payments.
This distinction comes into play because of the nature of the two benefits. SSI is paid out to those with congenital disabilities or those that are 65 years or older. SSDI is paid out to those that have become disabled and have significant work history and have paid into the Social Security system. We did a deep dive answering if child support can be taken from SSI in our blog.
Can You Get A Passport If You Owe Child Support?
As with most legal questions the answer is “it depends”. If you owe more than $2,500 in child support, your name may be submitted to the federal Office of Child Support Enforcement (OCSE), leading to denial or revocation of your passport.
When you apply for a passport, the Department of State automatically cross-checks your information against the OCSE certification list. If your name appears on this list due to child support arrears of $2,500 or more, your passport application will be denied until your status changes. We cover passport denial due to back child support in our blog.
