raditionally, Child custody came in two forms. Legal custody and physical custody. Legal custody is defined by statute (MCL 722.26a(7)(b)) and refers to the “decision making authority as to important decisions affecting the welfare of the child”. However, physical custody is not defined by statute.
Determining income for child support or alimony purposes in Michigan often requires looking beyond the tax returns. So what is considered income for support in Michigan? Income for support and the 2021 Michigan Child Support Formula Manual Chapter 2 of the 2021 Michigan Child Support Formula Manual is a good resource in how to determine[…]
Can a court impute overtime income in calculating child support? This issue was addressed by the Michigan Court of Appeals on September 10, 2020, in its opinion in the case of Olivero v. Olivero. In the Olivero case, the father objected to a Friend of the Court recommendation which imputed overtime income to father in[…]
If your income has been reduced because of the economic effect of the COVID-19 outbreak, Governor Whitmers’ Executive Order 2020-21 (COVID-19), and an alimony or child support order is in effect, the time to modify support is now. There is no retro-active modification of alimony or child support. Time is of the essence to modify support.[…]
Simply put, there is no limit as to how often child support can be modified in Michigan, provided there is a significant change of circumstance since the entry of the last child support order.
On September 18, 2018, the traditional rule that a civil action to enforce a child support order is subject to a 10-year statutory limitations period. MCL 600.5809(4); People v Monaco, 474 Mich 48, 54-55; 710 NW2d 46 (2006) has been turned on its head by the Michigan Court of Appeals in a recently published opinion[…]
Most people know that child support is determined by guidelines. In this article, we examine the legal authority for the Michigan child support guidelines. When I was a first year law student, a law school professor instilled a legal concept that every law has to have legitimacy and every lawyer should know the legitimacy of[…]
The recent headlines are rampant with outrageous child support awards. Take for example Blake Griffin, the star forward on the Detroit Pistons who was reportedly ordered by a Los Angeles Court to pay child support in the sum of $258,000.00 per month for the support to two minor children he had with his ex-fiancé, former[…]
The 2017 Michigan Child Support Formula Manual (“MCSFM”) The last time the Michigan Child Support Formula Manual was updated was 2013. The major changes to the 2017 Michigan Child Support Formula Manual are set forth on pages “i” and “ii” and are restated below. The phrase “Extraordinary medical” was changed to “additional medical” and “third[…]
Child support statute of limitations Suppose a parent has not paid child support in 10 years, is the child support order still enforceable? The answer is found in the current child support statute of limitations law. Michigan compiled Laws section 600.5809(4) provides that the child support statute of limitations is 10 years from the date[…]
Dependent child exemption and support – Is it worth fight over? A dependent child exemption reduces a taxpayer’s adjusted gross income leaving more money in the taxpayers pocket by ensuring that not all of your income is taxed. In 2014, the value of a dependent child exemption is $3,950.00 per child. That is real money.[…]
Finding hidden income in Michigan divorce and support cases. (c) 2015 Finding hidden would be easy if everyone put cash under the mattress. The fact is, finding hidden income is sometimes hard. Discovering hidden income can impact child support, spousal support (alimony) and property division. Here are some simple techniques to discovering hidden income: Look at[…]
Can a court take a passport to enforce child support? The answer may surprise you. Every U.S. citizen has a fundamental right to travel. The fundamental right to travel was first addressed by the Supreme Court in 1920 in the landmark case of United States v. Wheeler 254, U.S. 281 (1920) when the Court held[…]
The relationship between custody and child support in Michigan Traditionally, the relationship between custody and child support in Michigan was intimate. A change custody would result in a change in child support. Many people still believe this to be the case. However it is not. Custody and child support have little in common because physical[…]
I received a phone call from an attorney (not related to my firm) this morning requesting assistance on determining income for child support purposes from a self employed individual. His client’s ex-husband was a self employed truck driver grossing $160,000.00 per year. However, after deductions, his income was significantly less. One deduction appeared questionable, the[…]
Support security – Securing the future payment of support: By Daniel Findling – Divorce always involves change and an important change in almost every Michigan divorce or legal separation in Michigan is financial. For many, child support payments and alimony payments (spousal support) are an important financial component in moving forward after a divorce or[…]
Who pays for college? – Post majority child support: The birth of a child brings joy and responsibility. For many families the responsibility includes college or even graduate school, for other families, once a child reaches the age of 18, the responsibility to provide financial support for a child ends. Under Michigan law, both natural[…]
Michigan Child Support Statute of Limitations: Yes, there a Statute of limitations for Michigan child support. The current statute of limitations on unpaid Michigan child support is 10 years from the date that the last payment is due. This Statute of limitations is set forth in Michigan Compiled Laws section 600.5809(4) and was effective[…]
Michigan Divorce Education Series Michigan child custody, child support and parenting time: This video Webinar is a comprehensive explanation of Michigan law and strategy covering child custody, child support, and parenting time. Key learnings and strategies are discussed. I am hopeful you find it both empowering and educational. A summary of the topics covered is[…]