child support

Michigan provides separate statutory bases for child support in different domestic relations actions, but the support provisions in each type of domestic relations action contain a reference to MCL 552.605, requiring the court to apply the Michigan Child Support Formula (MCSF). The following Michigan statutes authorize a court to award child support:

• the Divorce Act, see MCL 552.15
• the Paternity Act (when a child is born out of wedlock), see MCL 722.712
• the FSA (when parents are married to each other but have not filed for divorce or parents are not married to each other but paternity is acknowledged), see MCL 552.451
• the Emancipation of Minors Act, see MCL 722.3
• the Child Custody Act, see MCL 722.27(1)(a)
• the Genetic Parentage Act, see MCL 722.1461 et seq.
• the Summary Support and Paternity Act (SSPA), see MCL 722.1491 et seq.
• the UIFSA, see MCL 552.2201 et seq.
• 
  

These acts are under the exclusive jurisdiction of the family division of the circuit court, MCL 600.1021, and are enforceable under the Support and Parenting Time Enforcement Act (SPTEA), MCL 552.601 et seq., which is also under the exclusive jurisdiction of the family division. MCL 600.1021.

The Basic Component Parts of a Proper Child Support Calculation

A child support obligation includes payment for: (1) the general care and needs of a child (also known as base support), (2) medical support, and (3) child care expenses.

Michigan calculates the amount of base support by using a formula based upon the gross income of the parties less specifically allowable deductions from income with an adjustment to each party’s share for the overnights the child or children spend with each parent. Medical support (including premiums, ordinary medical expenses, and additional medical expenses) and child care are based upon a ratio of each parent’s income to determine their contribution. A paying parent’s contribution for a child’s expenses is established in a support order. A recipient of support payments is presumed to contribute directly to a child’s support. So, there are four basic components to a child support calculation:

1. Net Income (gross income less allowable deductions).
2. Overnight parenting time.
3. Work-related verifiable child care expenses.
4. Health care premiums and health care costs.

Modification of support orders

On a motion by either party or the FOC, the court may modify child support provisions until the child reaches 18 or 19 1/2 under conditions for postmajority support. Modification of support orders is within the court’s discretion.

Grounds—as circumstances of the parents and the benefit of the children require.

• The party alleging a change in circumstances has the burden of showing a change justifying modification.
• A change in the child support formula can justify modification of support, but does not require it.