If charged with domestic violence in Michigan, there is a chance that it could spill into a divorce or a child custody family court case as a secondary legal issue. That is quite common, and my firm handles both. Assuming a DV case goes in this direction, and my child has children, one topic of conversation is how child support is calculated in Michigan.
In Michigan child support is defined as a court-ordered payment of money from one parent of a child to another. Children in Michigan have an inherit right to the support of their natural or adoptive parents. Payment of child support in Michigan may include health care, child care and expenses for education.
In Michigan a court must order support in the amount determined by the child support formula unless the court finds that application of the formula would be unjust or inappropriate with specific facts on the record to support the deviation. The Michigan child support formula considers the needs of the child and the resources of the family in Michigan and assigns the child a share of those resources in the form of child support. The formula will consider the parents income, the allotment of custody/parenting time of each parent and the number of children to be supported. The formula for Michigan child support will also consider the division of health care costs and child care expenses.
The Michigan family court can consider an agreement between the parties about child support, but the court does not need to follow the agreement.
The answer here is simple, with our without a domestic violence charge, your spouse can get child support as part of a family court custody or divorce case. Domestic violence charges will not directly impact potential child support, but it could have an indirect impact on the amount.
If charged and convicted of domestic violence, your leverage to obtain parenting time/overnights in a custody or divorce negotiation is less than it was before the incident. Your case is unlikely to be decided at a trial where the incident would be a factor in a decision, but the other parents leverage is certainly there to hold a DV case over your head. If that leverage leads to accepting less overnights of your children, the formula used in Michigan to calculate child support will tip in the other parents favor, and you will be paying more child support.