Michigan Child Support- DV Charges

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If charged with domestic violence in Michigan and you have children, the other parent may try to take your kids away from you, or limit the time you spend with them.  In Michigan, parenting time means how many overnights you have with your children, which ultimately is factored into child support. 

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.  

And yes, a change to either parents income or the amount of parenting time can justify a change in child support in Michigan.  But when a party voluntarily reduces or eliminates income and the court determines that a party has the ability to earn an income and pay child support, the court does not need to lower the child support amount for a Michigan child support case.  This is called potential income, and this could be a major issue for a parent who was once earning a high salary, and now has a reduced or no salary.    

A Michigan judge will determine the potential income of the parent by looking at that parents education, experience and availability of opportunities in the job market.

When determining the modified amount of Michigan child support in Michigan the court will apply the Michigan child support formula, but can deviate from the formula if it finds that the application of the formula would be unjust or inappropriate, and it is backed up by specific findings

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