Understanding Child Support Laws in Divorce Cases: A Guide for Divorce Lawyers
Determining child support is perhaps the most critical aspect of divorce cases. Child Support basically refers to financial assistance that a non-custodial parent pays to the custodial parent. The court will mandate this payment to ensure that a child’s basic and fundamental needs like education, healthcare, and other crucial elements to their development are met.
It is important to note that child support is not the same as spousal support. Doubts like this are common in people going through a divorce. If you are receiving or paying child support, it is important to understand what this law entails for your own benefit.
Being home to a seasoned divorce lawyer in Michigan, we would like to clear the air surrounding child support laws with the help of this little guide.
We’ll go through the basics of child support laws in America, look at how child support is calculated, and explain how court-mandated child support can be modified.
Overview of Child Support Laws
As we mentioned before child support is financial aid that a non-custodial parent pays to the custodial parent to care for one or more children that they share. These laws vary from state to state. In Michigan, for instance, both parents are obligated to support their children until they reach the age of 18 (sometimes 19). However, only the non-custodial parent is expected to make the payments.
According to some of the best divorce attorneys in the business, a court’s mandate regarding child support ultimately boils down to the following:
- Who must pay child support
- When it should be paid
- How much amount should be paid
- When these payments must end.
The final amount to be paid will be determined after taking both parents’ incomes into consideration. The total parenting time and the number of children that need caring can also influence a court’s decision. For a far clearer understanding of basic child support laws, we suggest you consult a divorce lawyer right away.
Calculating Child Support
In almost all cases of divorce and child support, a court will determine child support after taking the following factors into consideration:
- Who is the primary custodian of the child
- The visitation time the child enjoys with the other parent
- Incomes of both the parents.
Based on these factors, there are many different formulas that a court can rely on to come to a logical child support agreement. Different states use different formulas to arrive at an amount that they feel is justified. Some of those examples are as follows:
i) Income Shares Model
This model of calculating child support takes the income of both parents into account when determining the final amount that needs to be paid. For example, let’s say you are the non-custodial parent that contributes 60% of the income in the household and your spouse’s income is 40%. In this scenario, the amount you’ll pay will be 0.60 multiplied by the baseline amount necessary for adequate child care. Over 41 states in the country use this model.
ii) Melson Formula
This method is a variation of the income shares model as it takes the financial needs of both the parents into consideration as well in determining the final amount. Today, states like Delaware, Hawaii, and Montana use this model.
iii) Percentage of Income Model
In this method, the child support is set at a fixed percentage of the non-custodial parent’s total income. The court determines the percentage based on the state’s guidelines and it can be applied as a flat or varying rate.
Modifying Child Support
Even with the child support order in place, you can still request the judge to change it with the help of your divorce lawyer. If it has been less than 36 months since the order was passed, the court may only deem it fit to modify the child order if the parent can show that there has been a material change of circumstances. This could mean situations where a parent has lost their job, has fallen severely ill, or has been called to active military duty.
Otherwise, the child support agreement is reviewed by the ‘Friend of Court’ every 36 months to ensure the current payments meet the child’s needs. However, it is important to remember that these agencies can’t change the child support order by themselves. They’ll need the approval of the court. So they may file a motion in court at your behest.
The motion must be filed in the same court that issued the order in the first place. We suggest you consult with your divorce lawyer if the custodial parent has moved out of state. In the motion, you’ll need to explain why you believe a change in child support order is warranted. Both parents must submit documents pertaining to current assets, income, debt, and expenses.
The court will then schedule a hearing and both parents will be notified of the hearing date so they have the opportunity to appear in court and put their arguments forward. The court will pass judgment based on the evidence at hand. After the judgment, both parents will receive copies of the judgment. Furthermore, both parents are entitled to appeal the final decision within a certain period of time.
Effects of Unemployment on Child Support
Unemployment can be devastating and can affect your ability to pay child support. However, it is important to note that as a non-custodial parent, you are still required to pay child support as mandated by the court. Even if you skip payments, you’ll still have to pay them eventually with interest.
If you’ve recently lost your job, then we recommend immediately checking in with your divorce attorney or state to find out whether you are eligible for unemployment benefits. You’ll need to inform the unemployment office of your outstanding child support order. The office will then deduct payments associated with child support from your unemployment checks. We recommend continuing to work with the family court and the child’s custodial parent during this difficult time. Also, document your job search.
In the event you are able to secure a new job, you’ll need to start paying child support by check until it can be deducted from your wages. This amount may increase to cover the time you were unemployed and without pay.
Conclusion
When it comes to divorce and child custody, it is important to clearly understand child support laws as a parent who may be entitled to receive or pay it. Typically, the court will always mandate a non-custodial parent pay child support to the custodial parent to cover a child’s expenses. The court will take several factors into consideration to calculate a fair child support agreement that is best capable of meeting the needs of the child.
Once mandated, the child support order can be revised upon request if you can present a good enough reason in front of the deciding judge. All of these elements can easily overwhelm people who are already going through a strenuous divorce. Therefore, it is highly recommended to seek the legal representation of an experienced child support lawyer.
That is exactly what you get when you hire the offices of Coppins Law Group in Michigan. We are home to a divorce lawyer with a positive track record in handling cases revolving around child support.
Give us a call today to schedule a free initial meeting with our divorce attorney.
