If you have children, your divorce proceeding will include decisions regarding child custody and child support. While child custody is often a very heated and emotional issue, once an agreement or judgment has been entered, the process that determines how much child support is supposed to be paid to the custodial parent is a relatively simple process.
The simplicity comes from the application of a statewide child support guideline. In Michigan, child support obligations are ordered by the Court in accordance with the Michigan Child Support Formula. The Formula specifies the method to be used when determining how much money is owed per month. The total amount is meant to cover the child(ren)’s general care and needs, medical support and child care expenses.
While your attorney cannot intervene on your behalf in the vast majority of child support cases, deviations from the Formula are allowable under law. An experienced attorney can review the facts of your case and determine whether they merit the request for a deviation.
According to MCL 552.605, deviations are allowed if “the court determines from the facts of the case that application of the child support formula would be unjust or inappropriate…” Such cases may include circumstances of financial hardship on the part of one parent that may inhibit their ability to pay the amount determined by The Michigan Child Support Formula or a case involving a child with special needs.
At The Law Office of Laura Gillis, we are here to help. Give us a call today (602) 277-4736