Child and Spousal Support
This section provides general information about child and spousal support.
The information provided in the Self-Help Center is not legal advice.
The laws of Michigan do not allow the employees of the court or the
judge to give you legal advice. You should consult with an attorney
concerning legal issues, but you do not need an attorney to file an
action concerning the support of a child or a spouse. If you proceed
with a child support or spousal support action without an attorney,
you are acting as your own attorney. You may want to view It's
Important to Know Your Rights >>.
The following is a brief description of support matters. There is no
specific information available in this Self-Help Center to aid you in
establishing child support or spousal support because it is done through
either a divorce case, a paternity case, a family support case, or a
separate maintenance case, and specific self-help is not available for
any of those case types. Because of the complexity of child and spousal
support matters and the importance of the outcome, it may be advisable
to contact an attorney.
For specific information on processing a request to change an
existing child support order, please click on the link at the bottom
of this page.
Child Support
A child support order is a court order directing a parent to pay
a specific amount of money for the support of each minor child of
that parent who is not living with him or her. Support orders may
be issued as part of a divorce settlement, family support case, paternity
action, or interstate child support case. You may want to view the
Model
Friend of the Court Handbook for some common child support questions
and answers.
To obtain a child support order, you may either contact an attorney,
represent yourself, or make an appointment with your local Department
of Human Services (DHS). The DHS makes referrals to the county prosecutor
to obtain court orders for child support in both public assistance and
nonpublic assistance cases.
After the judge signs the support order and it is filed with the
court clerk, the case will normally be handled by the friend of the
court office in the county where the case is filed. Child support
continues until a child reaches the age of 18 or graduates from high
school, whichever occurs last, but not past the age of 19 ½.
When a child support order is entered, the court will also order that
the payments be automatically deducted from the noncustodial parent's
paycheck. This is called income withholding. The employer sends payments
to the State Disbursement Unit. The friend of the court will take action
if payments are missed.
If a parent moves out of state, child support is still enforced.
You may want to view the State Court Administrative Office's publication
regarding the Uniform
Interstate Family Support Act.
Property and Spouse Support
In addition to ending the marriage, a divorce will divide the belongings
and debts accumulated during the marriage and decide whether spousal
support (formerly known as alimony) is required. The term spousal
support refers to an amount of money the court orders one party to
pay to support the other party.
Child Support Formula Manual
The child support formula became effective in 1987. The primary goal
of the formula is to ensure children receive adequate financial support
based upon their needs and the actual resources of each parent. The
formula considers such factors as the income of each parent, family
size, child care expenses, other minor children, and preexisting support
orders.
Friend of the court offices, prosecuting attorneys, domestic relations
referees, and circuit court judges are required to use the formula
when establishing or changing support. If a judge sets an amount different
from the amount recommended by the formula, the reasons must be stated
either in writing or on the record.
The formula is adjusted annually to reflect changes in the cost of
living. You may want to view the Michigan
Child Support Formula Manual.
Child Support Calculation Program
In addition to the formula manual, there are several privately owned programs that will
calculate the amount of child support for you.
Enforcing Support Orders
Unless you have opted not to receive the services of the friend of
the court, the friend of the court will assist in enforcing support
orders.
When parents cannot resolve problems regarding support, the friend
of the court office in the county where the case is filed can help
parents reach an agreement, and, if appropriate, take action to enforce
the court order. You may want to view the Model
Friend of the Court Handbook for some common support questions
and answers.
The friend of the court is required to enforce support. The law says
that when an arrearage is equal to or greater than 1 month of support,
the friend of the court must initiate enforcement proceedings. See MCL
552.511. In addition, Michigan Court Rule, MCR
3.208(B), requires the friend of the court to enforce support provisions
of the court's orders. These provisions may be enforced under the Friend
of the Court Act or the Support
and Parenting Time Enforcement Act. You may also want to view the
Michigan
Child Support Formula Manual.
The most common method of collecting and enforcing support is through
automatic income withholding through which support payments are deducted
directly from the paycheck or other source of income of the support
payer. Other methods of support enforcement include intercepting a payer's
federal and state income tax refund; supplying arrearage information
to credit reporting agencies; suspending driver's, occupational, sporting,
and recreational licenses; placing liens against any real or personal
property; and seeking an order to show cause that requires the payer
to appear in court for nonpayment.
You may want to view the child
support questions and answers and the Support
and Parenting Time Enforcement Act.
You may also want to view the following State Court Administrative
Office publications regarding child support enforcement:
Information
about Liens to Obtain Past Due Support
Show
Cause Proceedings in Domestic Relations Cases
Tax
Refund Offset Program
Changing Support Orders
Unless you have opted not to receive friend of the court services,
the friend of the court will assist in changing support orders.
Once a support order has been entered, the court retains authority
until the child reaches the age of 18, or until the child graduates
from high school, but not later than when the child reaches 19 1/2
years of age.
If it has been more than 36months since a parent requested a child
support review, that parent may submit a written request to the friend
of the court to conduct a review. The law that governs the responsibilities
to review child support can be found in the Friend of the Court Act
at MCL
552.517.
Some friend of the court offices will prepare a legal agreement (called
a stipulation or consent order) for a change in support. This is a written
agreement that is signed by both parents and submitted to the friend
of the court office. Parents should check with their friend of the court
office regarding office policy for preparing stipulations and consent
orders. Find
the address and phone number of your local friend of the court office
>>.
The court may change the support order if the parents agree or if
a motion is filed and the court believes a change is appropriate.
For additional information about how to file a motion to change a
child support order and what else you need to do, see the Changing
a Child Support Order Self-Help Center >>.
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