In short, it depends on the timing and circumstances. In Michigan, child support is a court-determined, periodic payment that is typically ordered when a child’s biological parents are separating or as a result of a divorce proceeding. The purpose of child support is to help provide for the costs of raising a child.
Although child support laws differ in each state, all child support laws will typically determine the amount of the child support based on the amount of time the child lives with each parent, the child’s best interests standard, and each parent’s income and financial obligations. This is also true for the state of Michigan when determining whether child support should be ordered and when calculating child support.
It is important to note that in Michigan, the parent with primary physical custody of a child or children cannot refuse to accept the child support payments that the court has ordered the other parent to pay to them in order to provide for the needs of the child.
Similarly, parents cannot avoid paying child support or drop child support payments in Michigan by terminating their parental rights or avoiding parenting time. Additionally, parents cannot agree to dropping their child support obligation without the agreement of all parties and the court. In general, Michigan family law courts will not agree to parents waiving child support.
This means that even if both parents consent to drop child support, the child’s best interest standard takes precedence over the parent’s wishes. However, child support may not be ordered in cases where parents agree to split custody of their child or children, as both parents share equal financial responsibility over the child.
Finally, there are situations where a parent can drop child support based on certain criteria being met. Specifically, in Michigan, child support obligations naturally end when a child reaches the age of 18. However, there are exceptions, such as if a child is still in high school and under 19. Additionally, if a child has special needs, child support obligations might extend beyond 18.
When Is Child Support Ordered?
Once again, child support in Michigan is commonly ordered during the Michigan divorce process or when a child’s parents separate. Generally speaking, the parent who does not have primary physical custody of the child, i.e., the parent who lives with the child less than half of the time, is typically the parent who is ordered to make child support payments.
Mandatory child support is one means by which a family law court can ensure that a non-custodial parent contributes to the needs of their biological or adopted children through a child support order. The word mandatory means that child support is required by law.
Further, in Michigan, income withholding (i.e. employers deducting child support payments from the payer’s paycheck) is mandatory unless the parties and the court agree otherwise. This means that after a child support order has been ordered, employers are required to deduct support payments from the payer’s paycheck and send them to the Michigan State Disbursement Unit (“MiSDU”).
How Is a Child Support Award Enforced?
If child support payments are not timely paid, the Friend of the Court (“FOC”) office and the Office of Child Support (“OCS”) will be the two main offices that take enforcement actions. Further the party that receives child support may also file a private enforcement action to recover child support not paid.
One of the jobs of the Michigan Office of Child Support is to identify, locate, and contact persons with outstanding child support payments. Child support enforcement agencies then may use a variety of different methods to attempt to collect child support on behalf of the custodial parent. Child support enforcement agencies may also collect retroactive child support if ordered by the court.
A show cause hearing may also be requested to hold the payer accountable for failing to pay child support or provide health care coverage as specified in the support order. Additionally, a surcharge may be added to overdue support if the payer willfully failed to pay as ordered. Further, credit reporting will be initiated if the arrearage reaches two or more months. Finally, failure to pay child support can also be a felony in Michigan.
How Can I Avoid a Child Support Increase?
In general, child support in Michigan cannot be retroactively modified once a court order is in place, except for limited circumstances. Specifically, the party that is seeking to modify a child support order must demonstrate that there has been a “substantial change of circumstances” since the last order was entered.
Examples of what may qualify as a substantial change of circumstance include:
- Change in Employment: If either parent experiences a change or loss of employment, that may be considered a substantial change of circumstances and warrant a modification
- It is important to note that voluntarily taking a position that pays less money will not constitute a substantial change of circumstances and may be considered underemployment for purposes of a child support order
- Promotion or Salary Increase: If the party subject to the child support order has a significant increase in income due to a promotion or raise, that may justify modifying the support order
- Change in Custody: A significant alteration in custody arrangements, such as the child switching homes, can also warrant a modification of the previous child support order
- Additional Children: If either party has an additional child in a subsequent relationship, then the child support payment may be recalculated according to the state child support guidelines
As can be seen, there are numerous reasons in which a child support order may be increased. However, one party will have to request to modify the support order and prove their case in court.
How Can I Stop Paying Child Support?
Once again, parents in Michigan cannot agree to waive child support, even by agreement. As such, in order to stop paying child support, a parent must demonstrate that there has been a significant and material change in circumstances since the previous child support order was entered into.
For example, if the parent who was obligated to make support payments now has primary custody of the child, they can petition the court to terminate child support. Additionally, they can also petition the court to order the other parent to pay them support based on the child support guidelines. There are also many other reasons to close a child support case that a local attorney in Michigan can assist with.
Do Child Support Payments End Automatically?
As mentioned above, in the state of Michigan, there are certain triggering events that will result in child support payments ending automatically. For example, child support orders in Michigan will generally cease when the child reaches the age of 18 or 19 if they are still in high school full-time.
Additional situations where child support may also end earlier include:
- Emancipation: If the child becomes emancipated before turning 18, such as by becoming married, joining the military, or becoming self-supporting
- Court Order: A court can issue an order to stop child support upon the filing of a motion to terminate support based on specific circumstances
- Death: If the child or the parent obligated to pay child support passes away, the child support obligations will also cease
How to Get Child Support Arrears Dismissed
In order to get child support arrears dismissed in Michigan, a motion to dismiss child support arrears must be filed by the party that has arrears. It is important to note that this motion should request a payment plan for your arrears and ask for some or all of your arrears to be discharged.
Additionally, a person subject to a child support order can also fill out a form asking the Friend of the Court to discharge support debt they owe to the State of Michigan only. In general, a request for arrears reduction will be based on the income and assets of the party seeking the debt reduction.
Do I Need a Lawyer for Help with Terminating Child Support?
If you are having any issues related to obtaining, modifying, enforcing, or terminating child support, then it is in your best interests to consult an experienced Michigan child support lawyer. LegalMatch can assist you with locating and setting up an initial consultation with an experienced Michigan child support attorney.
An experienced child support attorney can help you determine whether or not you are eligible to stop child support based on the specifics of your situation. Additionally, an attorney can also help you determine if you are eligible to have child support arrears reduced or if you are eligible for a child support order modification. Finally, an attorney can also represent you in court, as needed.
