Birmingham Child Support Attorneys

Serving Children & Parents in Oakland, Macomb, Wayne, Washtenaw, Livingston, Monroe, Genesee, Lapeer, & St. Clair Counties

As if divorce or separation was not hard enough on the children living through it, the issues and conflicts related to child support can add an extra layer of misery and suffering to the situation. Child support laws are different in each state, making these situations confusing, contentious, and complicated. Save yourself and your children more heartache by enlisting the help of our Birmingham Michigan child support law firm to help you successfully navigate the process. Not only does the Law Firm of Victoria have a deep and thorough understanding of Michigan’s child support laws, but we have also traversed the process many times and will do the same with you, making the process as efficient and painless as possible. Give us a call today to set up an initial consultation and start finding the answers you seek.

What Is the Purpose of Child Support?

The goal and foundation of child support are to divide the costs that are incurred when raising a child or several children between the parents. In general, child support payments are usually paid in regular time intervals by one parent to the other. The main purpose of these payments is to support the child or children.

Habitually, these payments have been the responsibility of the non-custodial parent. This meant that the parent that does not have the physical custody of the children is the one that usually had to pay. However, these days, this is not such a straight-forward formula.

How is child support determined?

Child support is determined by a complex formula which is based on the number of minor children, on the number of overnights that each party has with the child on a yearly basis, and the income of the parties. The Michigan Child Support Formula also takes into account child care expenses, health insurance premiums, and other factors.

The court always maintains jurisdiction over child support and other child-related issues.

Whether you need help with child support issues during your divorce case or after our Birmingham child support attorneys can help you. We also have experience handling child support cases with unmarried parents.

How are child support orders handled?

Most orders for child support are paid through the friend of the court and provide for an immediate automatic withholding of child support payments from the payer’s income unless the court orders otherwise or approves an agreement of the parties.

Can child support orders be modified?

Child support may be modified if there is a change of circumstances. Child support is usually ordered until the child reaches 18 years of age or graduates from high school, whichever occurs later (but not past the age of 19 ½). Non-payment of court-ordered support may lead to a contempt of court citation.

What about childcare expenses?

Child support may include a contribution to childcare expenses until August 31 following the child’s twelfth birthday.

Can the Court impute income to my spouse?

The court may impute income to a party who has an unexercised ability to earn income. The court may use relevant factors to determine whether a party has an actual ability to earn and a reasonable likelihood of earning the potential income. These factors include prior work history, health, education level, skills, a capacity to work, available employment opportunities, and consistency or diligence of effort in seeking employment. The court will make the final determination whether imputing income is appropriate in a particular case.

What happens when the parent who is responsible for the payments is unable to do so?

Circumstances change through time, and even the best-laid plans face obstacles along the way. It may happen that the parent responsible for the payments loses their job. And, although they may be doing everything in their power to gain employment, they may not be immediately successful in this endeavor.

If the parent is now either receiving or looking to receive public assistance, it will impact the child support obligation. Also, if the child is receiving public assistance, this too will impact the child support obligation. There are many factors that affect the situation, such as the involvement of the county attorney on behalf of the state or the requirement of the court that the other parent obtains a job to help cover the costs associated with a child that is relying on public assistance. This is a very intricate and complex situation and the effects on child support can also be several. If this is your case, a consultation with one of our child support attorneys in Birmingham Michigan can clarify it for you. We will help you understand what can happen if your ex-spouse loses their job and is looking to rely on public assistance, and what options are available to you. Always having the welfare of your children top of mind.