Child Support and Custody

Child Support and Custody

Child Support

Child support is court-ordered payments, typically made by a noncustodial parent, to financially support a minor child or children. A child support order can be issued as part of a divorce settlement, family support case, paternity action, or interstate child support case.

Child support is based on the Child Support Formula Manual and is always modifiable. Typically enforced through the Friend of the Court (unless parties opt out), child support is usually required until the child attains the age of 18 years or until the child graduates from high school. Michigan law now requires child support to be paid automatically through paycheck deduction or through other sources of income.

You may want to view the Model Friend of the Court Handbook for some common child support questions and answers.

Child Custody

Child custody is the most emotional and traumatic part of most divorce cases. There are two components to custody. Legal custody—the decision-making part of raising the child—and physical custody—who physically raises the child. Sole or joint custody is possible for both types of custody. If parents cannot agree upon who should have custody of their children, the court will determine custody after considering the factors listed in the Child Custody Act.

As with child support, child custody orders are also modifiable and can be reviewed and changed by the court (if the changes are in the best interest of the child) until the child reaches the age of 18.

Parenting Time

Parenting time is the scheduled time that parents get to spend with their children. A judge may order general parenting time (both parties decide hours and dates) or may provide specific hours and dates. Parenting time rights may be enforced in the same manner as rights to child support.

In the account of a divorce, a minor child cannot be permanently removed from the state of Michigan without filing a petition to obtain the court’s approval. In addition, the child cannot move more than 100 miles from where he/she lived previous to the divorce without court approval.

If a parent is wrongfully denied parenting time, the court can take action against the offending parent that may result in jail time or a fine. Failure to pay child support is not an acceptable reason to deny parenting time. Parenting time orders may be modified on a showing of a change in circumstances.

Related Services: Family Law Practice; Alimony and Spousal Support; Domestic Divorce Attorney; Prenuptial and Postnuptial Agreements

Attorneys to Contact