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The amount of child support that a non-custodial parent pays should be based on the child's needs in light of the parent's ability to pay. The Circuit Court is mandated to apply the Michigan Child Support Guidelines when determining the amount of child support. The Court may vary from those Guidelines only if it determines the application of the Guidelines would be unjust or inappropriate and must set forth, in writing, the amount of support the Court determined to be applicable under the Child Support Guidelines, how the Court's support order deviates from that formula, the value of property or other support awarded in lieu of the payment of child support, if applicable, and the reasons why the application of the Michigan Child Support Guidelines would be unjust or inappropriate in this case.
In order to determine the amount of child support a non-custodial parent must pay, the Court will look at both the custodial parent and the non-custodial parents' income. Typically, the Court will take into consideration each party's income and apply the child support formula.
Given the nature of child support, it is important that any party to a divorce action contact a competent family law attorney to evaluate how child support is set and to give that party a realistic amount they can either expect to receive or expect to pay. A family law attorney needs to know specific information as to the custodial parent's income and the non-custodial parent's income to evaluate the level of child support.
Once a child support order is in place, there is usually an income withholding order sent to the non-custodial parent so that their employer can deduct the child support amount from their paycheck which is then, eventually, sent to the custodial parent.
Any party in the middle of or contemplating a divorce where there are minor children, should immediately contact a competent family law attorney to review the child support formula.
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