Family Law

Child Support 101

by Kathleen Cole, Esq.

My name is Kathleen L. Cole, and I've been practicing law in Michigan for the last seven years. Prior to being admitted to the bar, I worked as a paralegal in a firm for seven years, doing just about everything except presenting the case to the Judge! I practice exclusively in the area of family law, which I consider to include wills as trusts, as those issues are exclusive to families. Family law includes divorce, paternity, custody, parenting time, support and post-judgment issues.

I've been asked to periodically present a column to you regarding family law issues. Most visitors and members to this site are second wives who have issues pertaining not only to their spouse and his children, but perhaps to themselves and prior divorce situations as well. I will try to address topics that I feel would be beneficial to all of you. If you would like a specific area addressed, please let me know.

Child support is one issue that concerns most divorced parents. How much should we be paying? How can we have our support reduced or raised?

First, remember that each state's law is different. In each case, however, support is determined by a formula that has been developed over the years and used by the Friend of the Court. It is determined by looking at the income of the parents (not including current spouses), the number of children, the tax status of parties and other similar issues. Most family law attorneys have a software program in their offices that can calculate the support payments, allowing them to avoid the Friend of the Court and all of the problems that come with that.

In Michigan, it is also possible for you at home to download the child support guidelines from which you can use to attempt to calculate the child support on your own. Keep in mind, however, there are many other variables that also need to be taken into consideration, so don't run out and try to file for a change in support based solely on your calculations; first check with an attorney.

I've had clients file a motion for a reduction in support without first checking with an attorney and end up with a recommendation to pay more than they were to begin with, then they turn to me for help!

If your spouse has had a significant change in financial status, i.e., lost a job or taken a pay cut, you can immediately file for a reduction in support due to your change of circumstances. You would be best served to file as soon as possible because the change will be retroactive to the filing of your motion, not necessarily to the date he lost his job.

I know there are forms online from our local Friend of the Court offices allowing you to file for this reduction without the aid of an attorney. This is important since in that situation, you probably don't have funds to spare. But be advised, in Michigan you can only request this change once every two years (be sure to check the filing limitations for your state). Therefore, it would not be appropriate to request a change when only minor changes have occurred, such as the birth of a child, a very small cut in pay, or a small increase in your ex-spouse's income.

One of the most important things to remember is that you can't get a change in support unless you ask for it.