Michigan Child Support

Michigan child support represents a parent's court-ordered payment to help cover the costs of raising a child. The fundamental principle behind child support is that children have a legal right to financial support from both parents, even when those parents don't live together.

Basic Components of Child Support

A Michigan child support order typically includes three main components:

Base Support Amount:

  • Regular monthly payment covering basic living expenses
  • Includes housing, food, clothing, transportation, and general needs
  • Calculated using the Michigan Child Support Formula
  • Based on both parents' incomes and parenting time

Medical Support:

  • Ordinary medical expenses (currently $454 per year for one child)
  • Covers routine, predictable costs like co-pays and deductibles
  • Does NOT include parent-provided care like first aid supplies or over-the-counter medicines
  • Additional medical expenses beyond the ordinary amount are split between parents based on income percentages
  • Health insurance coverage requirement for the child

Child Care Expenses:

  • Based on actual, verifiable child care costs
  • Must be predictable and reasonable expenses
  • Only included when parents have an established child care pattern
  • Related to work or education purposes

Duration of Child Support

Michigan child support normally continues until a child turns 18 years old. However, support can extend beyond age 18 in specific circumstances:

Extended Support Requirements:

  • Child is between 18 and 19½ years old
  • Child attends high school full-time
  • Child has a reasonable expectation of graduating
  • Child lives full-time with the parent receiving support or at an institution

Once a child graduates high school or turns 19½ (whichever comes first), child support obligations typically end. However, parents can voluntarily agree to continue supporting adult children through college or other pursuits.

Important Rights and Limitations

Several key principles govern Michigan child support:

Children's Rights Are Protected:

  • Children have a legal right to financial support from both parents
  • Parents cannot waive or avoid child support obligations by agreement
  • A parent cannot avoid paying support by giving up parenting time (visitation)
  • Even termination of parental rights may not eliminate existing support obligations

Support and Parenting Time Are Separate:

  • Child support and parenting time are independent issues
  • The parent receiving support cannot withhold parenting time to enforce payment
  • The parent paying support cannot refuse payment due to parenting time disputes
  • Each issue must be addressed separately through proper legal channels

Understanding these fundamental aspects of Michigan child support provides the foundation for navigating the more detailed aspects of the system.

The Michigan Child Support Formula

The Michigan Child Support Formula is a mathematical calculation that determines child support amounts throughout the state. This standardized formula promotes consistency and fairness across all Michigan counties, ensuring similar cases receive similar treatment.

How the Formula Works

The Michigan Child Support Formula considers multiple factors when calculating support obligations:

Primary Factors Considered:

  1. Both Parents' Income:
  • Gross income from all sources
  • Employment wages and salaries
  • Self-employment income
  • Investment income, rental income
  • Social Security benefits (with exceptions)
  • Unemployment benefits
  • Workers' compensation
  1. Number of Overnights:
  • How many nights per year the child spends with each parent
  • More parenting time generally reduces support obligation
  • Calculation based on actual overnight stays, not daytime hours
  1. Number of Children:
  • Support amounts increase with more children
  • Formula accounts for economies of scale
  1. Health Care Costs:
  • Insurance premiums
  • Ordinary medical expenses
  • Additional uninsured medical expenses
  1. Child Care Expenses:
  • Actual, documented costs
  • Must be work or education-related

Using the MiChildSupport Calculator

Parents can estimate child support amounts using the free MiChildSupport Calculator available on the MDHHS website. This online tool allows you to input your specific information and receive an estimate of what the Michigan Child Support Formula would calculate for your situation.

Information Needed for the Calculator:

  • Both parents' gross monthly income
  • Number of overnights each parent has annually
  • Number of children
  • Health insurance costs
  • Child care expenses
  • Any other relevant financial information

While the calculator provides helpful estimates, remember that only a judge can issue an official child support order. The calculator helps parents understand potential support amounts before going to court.

Deviations from the Formula

Michigan law requires judges to order support according to the Michigan Child Support Formula unless the calculated amount would be "unjust or inappropriate." Even if both parents agree to a different amount, they must convince the judge that the formula result is unfair.

Requesting a Deviation:

To request deviation from the formula amount, parents must complete a Uniform Child Support Order Deviation Addendum. The Michigan Child Support Formula Manual lists 20 specific deviation factors that courts may consider, found in Section 1.04(E) of the Manual.

Common Deviation Factors Include:

  • High income of the parties
  • Special needs of the child
  • Extraordinary expenses for the child
  • Substantial assets of either parent
  • Significant disparities in income
  • Children from other relationships

Proving that deviation is appropriate can be difficult. Most parents benefit from attorney assistance when seeking to deviate from the formula amount.

The Role of the Friend of the Court

The Friend of the Court (FOC) plays a central role in Michigan child support cases. Understanding the FOC's responsibilities helps parents navigate the system effectively.

What the Friend of the Court Does

Each Michigan county has a Friend of the Court office that provides services in family law cases involving children. The FOC acts as a neutral party helping both parents and the court.

Friend of the Court Responsibilities:

Investigation and Recommendations:

  • Investigates cases and makes recommendations to the judge
  • Provides input on custody, parenting time, and support
  • Assists in gathering financial information
  • Helps ensure children's best interests are considered

Enforcement Services:

  • Monitors compliance with court orders
  • Takes action when parents don't follow orders
  • Pursues various enforcement methods
  • Works with Michigan State Disbursement Unit (MiSDU)

Payment Processing:

  • Works with MiSDU to collect and distribute payments
  • Tracks payment history
  • Credits payments to appropriate cases
  • Provides payment records to parents

Review Services:

  • Reviews child support orders every 36 months (when child or custodial parent receives public assistance)
  • Reviews orders upon written request (not more than once every 36 months without significant change in circumstances)
  • Recommends modifications when appropriate

Alternative Dispute Resolution:

  • Offers mediation services
  • Helps parents reach agreements
  • Reduces need for contested court hearings

Contacting Your Friend of the Court

Each county operates its own Friend of the Court office with local contact information. You can find your county's FOC office through the Michigan Courts website or by contacting your county circuit court. The FOC office can answer questions about your case, provide forms, explain processes, and help resolve issues.

Understanding the Uniform Child Support Order

When a judge orders child support in Michigan, the order takes a specific form called the Uniform Child Support Order (UCSO). This standardized document ensures consistency across Michigan counties and clearly states each parent's obligations.

What the UCSO Includes

The Uniform Child Support Order contains several key sections:

UCSO Component

What It Covers

Details

Base Support

Regular monthly payment

Calculated using formula based on income and overnights

Medical Support

Health care obligations

Ordinary expenses, insurance coverage, additional expenses

Child Care

Child care cost allocation

Based on actual documented expenses

Income Withholding

Payment method

Authorization for automatic wage withholding

Payment Instructions

Where to send payments

Usually Michigan State Disbursement Unit

Income Withholding

Most Michigan child support orders include income withholding, which means support payments are automatically deducted from the payer's paycheck. This method ensures consistent, timely payments and reduces enforcement issues.

How Income Withholding Works:

  1. The court issues an income withholding order
  2. The order is sent to the payer's employer
  3. The employer deducts support from each paycheck
  4. Employer sends withheld amounts to MiSDU
  5. MiSDU forwards payments to the payee
  6. Both parents receive copies of the withholding order

Income withholding is mandatory unless specific circumstances make it impossible (such as self-employment) or the court finds good reason to use alternative arrangements.

Alternative Payment Arrangements

When income withholding isn't possible or appropriate, other payment methods exist:

Direct Payments to MiSDU:

  • Payer makes payments directly to MiSDU
  • Can pay by check, money order, credit/debit card
  • Must include proper identification (name, case number, last four SSN digits)

Cash or Card Payments at Friend of the Court:

  • Some counties accept in-person payments
  • Available during business hours
  • Requires proper case identification

Alternative Arrangements:

  • Parents can agree to direct payment between themselves
  • Requires court approval
  • Payee MUST report payments to FOC so payer receives credit
  • Without FOC reporting, payer won't get credit and could face enforcement

Making and Receiving Michigan Child Support Payments

Understanding payment procedures ensures that support reaches children as intended and payers receive proper credit for their payments.

The Michigan State Disbursement Unit (MiSDU)

MiSDU serves as the central payment processing center for Michigan child support. Located in Lansing, MiSDU receives, processes, and distributes child support payments statewide.

MiSDU Contact Information:

  • Address: P.O. Box 30351, Lansing, MI 48909-7851
  • Phone: (877) 543-2660
  • Website: www.misdu.com

How to Make Payments

Several payment methods are available for Michigan child support:

Payment Options:

  1. Income Withholding (Most Common):
  • Automatic deduction from wages
  • No action needed from payer
  • Most reliable method
  1. Mail:
  • Send check or money order to MiSDU
  • Include docket number on check
  • Use payment coupon if available
  1. Online:
  • Credit or debit card payments
  • Processing fees may apply
  • Immediate processing
  1. Phone:
  • Call MiSDU payment line
  • Credit/debit card required
  • Processing fees apply
  1. In-Person:
  • Some county FOC offices accept payment
  • Cash, check, or card
  • Must provide case information

Properly Identifying Payments

Critical importance: Every payment MUST be properly identified with:

  • Payer's full name
  • Case docket number
  • At least last four digits of payer's Social Security Number

Why Proper Identification Matters:

  • Unidentified payments are delayed until MiSDU can identify the payer
  • Payers with unidentifiable payments could face enforcement actions for "non-payment"
  • Only properly identified payments are credited to your account
  • Federal regulations govern how payments are applied to multiple cases

Receiving Child Support Payments

Parents receiving Michigan child support have several options for how they receive payments:

First Payment: After a support order enters the Michigan Child Support Enforcement System (MiCSES), the first payment to the payee arrives by check from MiSDU.

Ongoing Payment Options:

  1. Direct Deposit:
  • Electronic transfer to your bank account
  • Fastest, most reliable method
  • Complete direct deposit form through MiChildSupport website
  1. Way2Go Debit Card:
  • If no direct deposit form is filed
  • Card automatically issued to address on file
  • Functions like regular debit card
  • No credit check required
  1. Paper Check:
  • Mailed to address on record
  • Slowest method
  • Risk of lost or stolen mail

Critical: Keep Your Address Current

Always keep your current address on file with both the Friend of the Court and through the MiChildSupport website. Incorrect addresses cause payment delays and you might miss important notices about your case.

Public Assistance and Michigan Child Support

When custodial parents receive certain types of public assistance, special rules apply to Michigan child support.

When the State Seeks Support

When a custodial parent receives public assistance and lives apart from the other parent, MDHHS may seek a child support order in the custodial parent's name. In these cases, the custodial parent cannot waive child support—the state has the right to seek support to offset the cost of public assistance.

Support Pass-Through

Parents receiving cash assistance (Family Independence Program or FIP) can keep a portion of child support paid:

  • One child: Parent can receive up to $100 per month in child support
  • Two or more children: Parent can receive up to $200 per month in child support
  • FIP cash assistance amount does not change

Any support collected beyond the pass-through amount goes to the state to reimburse public assistance costs. Once the family stops receiving FIP, all child support goes to the custodial parent.

Impact on Other Assistance

Child support can affect other types of assistance like food assistance (food stamps) or Medicaid. If you receive child support and also get other state assistance, contact your MDHHS specialist to understand how support payments impact your benefits. Your specialist can help identify other programs available to you and your family.

Social Security Benefits and Child Support

The interaction between Social Security benefits and Michigan child support requires careful attention, as different types of benefits receive different treatment.

Types of Social Security Benefits

Social Security Disability Insurance (SSDI):

  • Paid to people with work history who become disabled
  • Amount based on past earnings
  • SSDI counts as income for child support calculations
  • Parents receiving SSDI CAN be required to pay child support
  • SSDI benefits can be garnished for child support

Social Security Retirement (SSR):

  • Based on work history
  • Paid to retired workers
  • SSR counts as income for child support calculations
  • Parents receiving SSR CAN be required to pay child support
  • SSR benefits can be garnished for child support

Supplemental Security Income (SSI):

  • Paid to elderly, blind, or disabled people with low income
  • Same basic amount nationwide (Michigan adds supplemental payment)
  • SSI does NOT count as income for child support
  • Parents whose ONLY income is SSI CANNOT be forced to pay child support
  • SSI benefits CANNOT be garnished for child support

Dependent Benefits and Child Support Credit

Children may receive dependent benefits based on a parent's Social Security record. These dependent benefits are credited toward the parent's child support obligation.

How Dependent Benefits Work:

When a child receives dependent benefits based on the payer's SSDI or SSR:

  • The benefit amount is credited to the payer's support obligation
  • If the benefit equals or exceeds the support amount, no additional payment may be required
  • If the benefit is less than the support amount, the payer must pay the difference
  • The court considers these benefits when calculating support

Important Steps:

If you receive SSDI or SSR and pay child support:

  1. Apply for dependent benefits for your children
  2. Provide proof of dependent benefits to the Friend of the Court
  3. File a motion to modify support if benefits start after the initial order
  4. Ensure you receive proper credit for the benefits

If you receive SSI and are ordered to pay child support:

  1. Inform the judge immediately
  2. Provide documentation from Social Security Administration
  3. Provide this information to Friend of the Court
  4. File a motion to modify or eliminate the support obligation

Combined Benefits

If you receive SSDI or SSR PLUS SSI:

  • None of these combined benefits can be garnished for child support
  • Federal law protects SSI from garnishment
  • This protection extends to the combined payment

Enforcing Michigan Child Support Orders

Child support orders are legally enforceable regardless of whether they're temporary, final, or modified orders. When payments aren't made as ordered, various enforcement methods are available.

Enforcement Methods Available

Michigan law provides multiple tools for enforcing child support obligations:

Income Withholding:

  • Most common enforcement method
  • Automatically deducts support from wages
  • Effective for employed payers

Tax Refund Interception:

  • State and federal tax refunds can be intercepted
  • Applied to overdue support (arrearages)
  • Automated process through state and federal systems

License Suspension:

  • Driver's license suspension for non-payment
  • Occupational license suspension
  • Sporting and recreational license suspension
  • Reinstated after payment arrangements made

Property Liens:

  • Liens placed on real property (houses, land)
  • Liens on personal property (vehicles, boats)
  • Prevents sale or refinancing until support paid

Contempt of Court:

  • Motion to Show Cause filed with court
  • Payer must explain why they haven't paid
  • Possible penalties: jail time, fines, payment plans
  • Reserved for willful non-payment

When to Seek Enforcement

The Friend of the Court typically initiates enforcement automatically when payments are missed. However, if you're the payee and support isn't being paid, you can:

  1. Contact your Friend of the Court office
  2. Verify they're aware of non-payment
  3. Ask what enforcement actions are planned
  4. Request specific enforcement methods if needed
  5. File a Motion to Show Cause yourself if necessary

Contempt Proceedings

Contempt of court represents one of the most serious enforcement tools for Michigan child support. A parent who has the ability to pay but willfully refuses can be held in contempt.

Contempt Process:

  1. Motion to Show Cause filed (by FOC or payee)
  2. Court hearing scheduled
  3. Payer must attend and explain non-payment
  4. Judge determines if payer has ability to pay
  5. If contempt is found, penalties imposed

Possible Contempt Penalties:

  • Jail time (until payment arrangements made)
  • Fines and court costs
  • Payment plans with strict conditions
  • Wage garnishment orders
  • Purge amount (specific payment to avoid jail)

Contempt is reserved for willful non-payment. If you genuinely cannot pay due to circumstances beyond your control, inform the court immediately and file a motion to modify support.

Changing Michigan Child Support

Life circumstances change, and Michigan child support orders can be modified to reflect significant changes affecting parents or children.

Automatic Friend of the Court Reviews

The Friend of the Court automatically reviews child support in certain circumstances:

Automatic Review Schedule:

  • Every 36 months when child or custodial parent receives public assistance
  • Upon written request from either parent (not more than once every 36 months without significant change in circumstances)
  • Upon court order for a support review
  • FOC initiative under certain case conditions

The FOC will only recommend changing support if the difference between the current amount and the newly calculated amount is at least 10% or $50 per month, whichever is greater.

Filing a Motion to Modify Support

Either parent can file a motion asking the judge to change child support at any time. You don't need to wait for an FOC review if your circumstances have changed significantly.

Common Reasons to File for Modification:

  • Job change (loss, gain, promotion, demotion)
  • Significant income increase or decrease
  • Change in parenting time arrangement
  • Change in child care costs
  • Change in health insurance costs
  • Additional children born to either parent
  • Child's needs have changed
  • Change in custody arrangement

Using the Do-It-Yourself Tools:

Michigan Legal Help provides a free Do-It-Yourself Motion to Change or Get Child Support tool. This online resource guides you through completing the necessary forms to request a support modification.

Important Timing Considerations

Support Changes Are NOT Retroactive:

Critical rule: Child support modifications typically take effect from the date you file your motion forward. Judges normally cannot change past-due amounts retroactively. This means:

  • If your income decreased six months ago but you just now file a motion, you still owe support at the old rate for those six months
  • File your motion as soon as circumstances change
  • Don't wait and let arrearages accumulate
  • The longer you wait, the more back support you'll owe

Exception for Retroactive Modification:

Limited circumstances allow retroactive modification, such as when the payer has been incarcerated or incapacitated (discussed below).

When a Payer Goes to Jail or Prison

As of December 30, 2021, Michigan law changed how incarceration affects child support:

Incarceration Rules:

If a child support payer will be incarcerated for 180 consecutive days or more AND will not have the ability to pay support:

  • Support will abate (stop charging) during incarceration
  • Friend of the Court sends notice of abatement to both parents
  • Support resumes the first day of the first month following the 90th day after release (or later)

Important Considerations:

  • This is not automatic—proper notice must be provided
  • Only applies to inability to pay, not refusal to pay
  • Short-term incarceration (under 180 days) does not qualify
  • Support doesn't retroactively eliminate—it stops going forward only

When a Payer Becomes Incapacitated

As of December 1, 2021, if a payer becomes incapacitated—unable to earn income for a period likely to last 180 days or longer due to disability, mental incompetency, serious injury, or serious illness—a judge may set child support at zero.

Filing for Incapacity Modification:

  • File a motion as soon as possible after becoming incapacitated
  • Provide medical documentation of incapacity
  • Demonstrate inability to earn income
  • Show expected duration exceeds 180 days
  • Judge has discretion to set support at zero or reduced amount

Using the MiChildSupport Website

The MiChildSupport website serves as a valuable resource for Michigan child support cases, providing 24/7 access to case information and services.

What You Can Do on MiChildSupport

The MiChildSupport website offers numerous features:

Case Information Access:

  • View payment history
  • Check current balance
  • See upcoming payments
  • Review case details
  • Access important documents

Personal Information Management:

  • View and update address
  • Update contact information
  • View personal information on file (name, DOB, SSN)
  • Make changes electronically

Payment Information:

  • Set up direct deposit
  • View payment schedules
  • Check payment status
  • Download payment records for taxes or court

Communication:

  • Receive electronic notifications
  • Get important case updates
  • Contact Friend of the Court
  • Submit inquiries electronically

Creating a MiChildSupport Account

To use the MiChildSupport website, you must create an account:

  1. Visit micase.state.mi.us
  3. Provide required information
  4. Verify your identity
  5. Create username and password
  6. Agree to terms of use

Verified Access:

Some features require verified access, which means confirming your identity through additional security measures. Verified users can update information electronically and access more sensitive case details.

Security and Privacy

The MiChildSupport website uses secure technology to protect your personal information. Always:

  • Keep your username and password confidential
  • Log out after each session
  • Don't access from public computers
  • Report suspicious activity immediately
  • Review privacy settings regularly

Imputed Income in Child Support Cases

Sometimes a parent voluntarily reduces or eliminates their income, which would unfairly reduce child support. In these cases, judges may use "imputed income" when calculating support.

What Is Imputed Income?

Imputed income is income the court assigns to a parent based on their earning potential rather than actual current earnings. The judge determines what the parent has the ability and opportunity to earn, then uses that amount for child support calculations.

When Income Might Be Imputed

Judges may impute income in various situations:

Common Imputed Income Scenarios:

  • Parent quits job without good reason
  • Parent takes lower-paying job voluntarily
  • Parent reduces work hours to avoid child support
  • Parent claims unemployment but isn't genuinely seeking work
  • Parent has job opportunities available but refuses them
  • Parent is working "under the table" and not reporting income
  • Parent has valuable skills but claims inability to find work

Proving Imputed Income

Proving that income should be imputed is difficult and typically requires:

  • Evidence of the parent's work history and skills
  • Information about available jobs in the area
  • Proof of the parent's education and training
  • Documentation of voluntary reduction in income
  • Evidence that reduction was to avoid child support

If you believe income should be imputed to the other parent, strongly consider hiring an attorney. The legal standards are complex and courts require substantial evidence before imputing income.

Getting Legal Help with Michigan Child Support

While many parents successfully navigate the Michigan child support system without attorneys, legal assistance can be valuable in complex situations.

When to Consider Legal Help

Consider consulting with or hiring an attorney when:

  • Opposing party has an attorney
  • Income imputation issues exist
  • Complex income situations (self-employment, investments)
  • Significant assets or property are involved
  • Deviation from formula is sought
  • Substantial arrearages have accumulated
  • Modification involves complicated facts
  • Enforcement actions aren't working
  • Appeals or complex legal issues arise

Finding Affordable Legal Assistance

Free Legal Services:

If you have low income, you may qualify for free legal services through:

  • Legal aid organizations in your county
  • Pro bono programs through local bar associations
  • Law school legal clinics

Use the Guide to Legal Help at Michigan Legal Help to find free legal services in your area.

Limited Scope Representation:

If you can't afford full representation but need legal guidance, consider limited scope representation (LSR). With LSR, you hire an attorney for specific parts of your case rather than full representation.

Examples of Limited Scope Services:

  • Legal advice and consultation
  • Document review
  • Assistance with specific motions
  • Coaching for court appearances
  • Negotiation assistance

The State Bar of Michigan lawyer directory lists attorneys offering limited scope representation, allowing you to search by county and practice area.

The Friend of the Court exists to help parents and protect children's interests. Don't hesitate to contact your county FOC office with questions or concerns about your Michigan child support case. With proper understanding and utilization of available resources, you can successfully fulfill your child support obligations and ensure your children receive the support they need to thrive.

Remember that child support exists for one purpose: supporting your children. Whether you're making payments or receiving them, focus on your children's wellbeing and maintain communication with the other parent when possible. When parents work together cooperatively, children benefit emotionally and financially, setting them up for success in reaching their full potential.