Under supervision of the Supreme Court, the Friend of the Court Bureau has established a statewide child support formula. This formula is a guideline only, but it must be utilized by Friend of the Court personnel in making a child support recommendation.
Judges and referees must indicate why they depart from the formula, if they do so. The child support formula takes into consideration the income of the non-custodial parent, it also looks at the custodial parent's income and may even impute income to an unemployed or underemployed parent under certain limited circumstances. The formula not only attempts to follow the current case laws governing child support, but it also takes into consideration the current reality of divorce and multiple marriages.
A provision of the support formula is the working custodial parent may be able to request additional support to cover part of the cost of child care. A request for child care expense must be made by filing the proper motion with the court.
Because the child support formula is only a guideline, circumstances of each case will determine how closely the formula will be followed. Valuable assets, special needs of the child, and other factors may justify variance from the formula.
A copy of the child support formula also may be obtained by sending a check or money order payable to State of Michigan for $5.00 to:
Department of Management and Budget
Office Services Division
Materials Management
PO Box 30026
Lansing, MI, USA 48909
Michigan statute provides for child support to continue to age 18 or upon graduation from high school but no later than age 19 1/2. If your order provides for support until graduation from high school, there are three criteria which must be met. The child's residence must be with the custodial parent, the child must be attending high school on a full-time basis with a reasonable anticipation of graduation, and the child must be under the age of 19 1/2.
Follow the written support order!
You should comply with the provision of the judgment on support. Do not fall into the trap of making private arrangements, as you will face the same judge who gave the original order if you fail to comply. The Friend of the Court enforces orders on a non-complaint basis but welcomes complaints to alert us of cases needing attention.
The Friend of the Court computer is capable of charging support or spousal support at the following rates: weekly, biweekly, semimonthly, and monthly. Once an ordered amount is input, the computer automatically charges support or spousal support as follows:
Weekly - The first Monday on or after the effective date and each Monday thereafter.
Biweekly - The first even Monday on or after the effective date and each even Monday thereafter.
Semimonthly - The first and third Monday of each month on or after the effective date.
Monthly - The first Monday of each month after the effective date. (If the order is not specific as to when support begins, the Friend of the Court pro-rates the amount due.)
What the federal distribution rules say
Child support must be treated as a monthly charge, even though your order may specify that it be paid weekly, biweekly, semimonthly or monthly. The monthly amount due will depend on the number of charges due for the month. Example: weekly order of $50.00 with 4 charging Mondays = $200.00. The same weekly order with 5 charging Mondays would equal $250.00 for that month. Monthly obligations on biweekly and semimonthly charges will be determined appropriately.
Distribution rules require that current support must be paid first. The payee may receive the full monthly amount due before the end of the month. The checks may be in differing amounts. Once the total amount for the current month has been paid, i.e., the $200.00, remaining money can be used toward arrearages or fees.
A surcharge is added to your arrearage
In January and June of each year, the Friend of the Court is required to charge an amount equal to four percent (4%) of the outstanding child support arrearages. The four-percent surcharge is added to the child support arrearage. Payers should take great pains to ensure that their accounts are current prior to the surcharge dates.
Payments must be through the Friend of the Court
In all but rare cases, payments are ordered through the Friend of the Court. By this procedure, all payments are recorded, and disputes as to whether payments have been made can be quickly resolved. Make your checks payable to the Oakland County Friend of the Court and mail to:
Oakland County Friend of the Court
PO Box 436012
Pontiac, MI, USA 48343-6012
You must include your name and court case number (same number that appears on court orders).
Income withholding
Income withholding from a payer's source of income generally is mandatory and is to begin immediately when the support order is entered. If deductions have not been taken from your paycheck due to an Income Withholding Order (IWO), you must make your child support payments on your own through the Friend of the Court until the deductions begin.
Michigan law requires payment of your support obligation. Parties find that deductions through an IWO are the most convenient and timely method for payment of a child support obligation.
A source of income is an employer or any other person who owes or will owe income to the payer.
Pay support BEFORE you buy gifts
The child support provision of the Judgment of Divorce defines the payer's legal obligations. Of course, you can do more for your children, but you must first comply with the court orders. Make all payments to the Friend of the Court.
Occasionally there are delays, but these can be reduced by proper care on your part. All payments can be accounted for quickly if the payer and payee of support use simple bookkeeping to double check on the Friend of the Court.
Giving $30.00 worth of clothing to the children is not a substitute for a $30.00 child support payment. If you wish to buy clothes, they will have to be in addition to child support.
Modification of child support
Your child support order must be followed until it is modified by a new order signed by the judge.
If it has been two years since your judgment was granted, last modified, or last reviewed, your case is eligible for a Friend of the Court review. A written request is necessary to initiate this type of action.
If it has been less than two years since your child support was granted, modified, or reviewed, and there has been a substantial change in financial circumstances, you may file a Petition to Change Support Order which can be obtained at the Friend of the Court or by sending a written request for the appropriate form.
You may have your private attorney file a motion with the court.
If you and the other parent reach an agreement on a new child support amount, you should contact the Friend of the Court.
