Every couple of years the Michigan Child Support Formula manual is updated. In this blog we are going to review the list of major changes or the new child support laws for 2025.
Deviation from the child support formula in 2025
The first new child support laws fo 2025 concern deviation from the formula. Simply put, courts are required to follow the Michigan Child Support Formula Manual when determining a child support award. However, there are circumstances when applying the formula would lead to an unjust or inappropriate result. In those circumstances, the court may exercise its discretion to deviate from the formula (See: Michigan Child Support Formula Manual Rule 1.04).
The major deviation changes to the child support laws for 2025 include:
1.04(E) Added clarification that a deviation is not required if a deviation factor exists. Also clarified that the lsit of deviation factors is not exhaustive.
1.04(E) Removed two deviation factors (alternative health care covereage, costs, associated with a parent’s conviction or crime) as they are directly in the MCSF.
1.04(E) Clarified several deviation factors (support for stepchildren or other children for whom the parent is legallt responsible; overights with a nonparent-recipient; child care expenses; and the administrative costs to enforce).
Changes in determining income for child support 2025.
The major factors in determining a child support obligation are the income of the parties and the number of overnights awarded to each party. Beginning in 2025, the following changes to determining income for child support (See: Michigan Child Support Formula Manual Rule 2.01).
2.01(E)(4)(d)(i) Clarified when to count income when there is reduced or deferred income, particularly where a business does not distribute profits.
2.01(E)(4)(e)(iii) Clarified that accelerated depreciation must be added back to a parent’s income, but with proof, the court may take the lesser of actual expenses or straightline depreciation.
2.01(G)(3) Clarified the court may consider additional costs associated with employment for the children in common when imputing income.
2.07(H) Added a section to allow a deduction from income for the costs related to a parent’s conviction or incarceration.
2.08(B) Clarified language on when an adjustment for additional children applies.
Changes to calculating each parent’s obligation to pay support.
When calculating child support, both parents have an obligation to support the child. Therefore, when determining a final child support obligation a calculation as to each parents support obligation to the other parent is made. Ultimately, in the majority of cases, the parties do not have the same exact income or overnights, the net result is for one parent to pay the other child support. Two calculations are made. The first calculation is for parent A to pay parent B. The second calculation is for parent B to pay parent A (based on the income of the parties and the number of overnights etc.) Say for example, parent A owes parent B $100 in child support and parent B owes parent A $500 in child support. The obligations will be combined resulting in parent B paying parent A $400 ($500-$400).
The 2025 changes to the child support laws in calculating child support are:
3.01(B) Changed the apportionment of all expenses to use the parent’s actual share of income eliminating the 10% minimum and 90% maximum.
3.04(A) Restructured and clarified that ordinary medical expenses are an advance monthly reimbursement for the support recipient, and that the apportionment is based on the family share of income. Also clarifies that any uninsured medical expenses paid by the support payer are considered additional medical expenses.
3.04(B) Clarified that the court should exercise discretion to remove ordinary medical expenses when any of the MCSF conditions are met.
3.06(D) Changed the presumed age of the child for child care to the last day of the month the child is under the age of 13.
Calculating child support is often as easy as plugging numbers into a computer. However, a client’s positition can often be improved with an understanding of how child support is calculated under the manual and applying the factors which benefits your client the most, something a computer cannot do. Let it be our privlelge to help you navigate your situation.
By: Daniel Findling (c) 2024
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I have been exclusively practicing divorce and family law in Michigan for almost 30 years. The attorneys at Findling Law all share the core value of practicing law to help people navigate change in their lives, without compromising principles. We specialize in high socio-economic, high-profile and high-conflict cases, while also working with clients of all backgrounds. We recognize that the most important aspect of the practice of law is the application of the law to your specific circumstances. That is why we provide more free information on divorce and family law than any other Michigan law firm. We want to help you manage your situation. Allow our exceptional legal team to help you navigate the change in your life, without compromising principles.
