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United States Child Support Legal Questions answered by Lawyers

Browse our 1 legal question about Child Support in United States and the lawyer answers, or ask your own questions for free.

Child support laws
Child Support Family
If my annual salary is 4 million pesos my wife's salary is 240,000 pesos, and she lives in Rizal, how much will I pay in child support for one child?
Lawyer answer by Rana Fazal Muhammad Law Associates

it is the discretionary power of the court to determine the amount for the support of your child, it is not fixed amount

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1 answer

About Child Support Law in Keego Harbor, United States

Child support in Keego Harbor, Michigan is governed by Michigan state law and administered locally through the Oakland County Friend of the Court and the Oakland County Circuit Court Family Division. The system is designed to ensure that both parents contribute to the financial needs of their child or children. Support obligations cover basic living expenses and commonly include contributions for health insurance and child care related to employment or education. The Michigan Child Support Formula is used to calculate most support orders, and local enforcement and modification procedures follow state rules and federal standards where applicable.

Why You May Need a Lawyer

Many child support matters are straightforward, but legal help is often important in more complex or contested situations. You may need a lawyer if:

- Paternity is disputed or needs to be established through testing or a court order.

- The parents have complex income sources, such as self-employment, bonuses, commissions, investment income, or business ownership.

- You dispute the amount calculated by the Friend of the Court or need a deviation from the guideline amount for special circumstances.

- You need to enforce an existing order because of nonpayment, partial payment, or attempts to evade enforcement.

- You seek a modification due to a substantial change in circumstances, like job loss, significant income change, or a major change in parenting time.

- Interstate issues arise, such as the other parent living in another state or country, which brings in the Uniform Interstate Family Support Act rules.

- There are additional issues tied to custody, parental relocation, or support for a child with special needs that may require specific orders and legal strategy.

Local Laws Overview

Key aspects of Michigan and Oakland County practice that are particularly relevant to people in Keego Harbor include:

- Michigan Child Support Formula: The formula uses both parents income, the number of children, and certain expenses to compute a guideline amount. The Friend of the Court applies the formula, with adjustments for health care, child care, and parenting time credits where appropriate.

- Friend of the Court role: The Oakland County Friend of the Court assists with establishing support, calculating guideline amounts, handling administrative enforcement like income withholding, and recommending orders to the family court. The FOC is often the first point of contact for support matters.

- Paternity establishment: For unmarried parents, establishing legal paternity is a required first step to creating an enforceable support order. This can be done by voluntary acknowledgement or by court action, including DNA testing if contested.

- Income withholding and enforcement: Michigan law allows for orders that automatically withhold child support from wages. Additional enforcement options include tax refund intercept, passport denial requests, liens, contempt proceedings, and other federal and state enforcement tools.

- Duration of support: In Michigan, child support generally continues until the child reaches the age of majority or completes high school, subject to state rules. Support for a child with disabilities can continue beyond the usual age limits if a court orders it.

- Medical and child care expenses: Support orders commonly include provisions for health insurance and cost sharing for uninsured medical or dental expenses and for reasonable child care expenses needed for employment or job training.

- Modifications: To change an order, you generally must show a substantial change in circumstances. Modifications typically require filing with the court and working through the Friend of the Court process. Emergency modifications may be available in urgent situations.

- Interstate enforcement: If a parent lives outside Michigan, the case may be handled under the Uniform Interstate Family Support Act, which standardizes interstate and international enforcement and cooperation.

Frequently Asked Questions

How is child support calculated in Keego Harbor, United States?

Child support is normally calculated using the Michigan Child Support Formula. The formula considers both parents income, the number of children, work-related child care costs, reasonable health insurance costs, and parenting time adjustments. The Oakland County Friend of the Court typically prepares the calculation and recommends a guideline amount to the court.

Who pays child support and when does it start?

Generally, the noncustodial parent pays child support to the custodial parent, but orders can be tailored to each situation. Support starts from the date requested in a support petition or from the date of a court order. Administrative processes through the Friend of the Court can sometimes establish interim support quickly.

How do I establish paternity in Michigan?

You can establish paternity voluntarily by signing an acknowledgement of parentage, often available at the hospital at birth, or by filing a paternity action in court. If paternity is disputed, the court can order genetic testing to determine parentage.

Can child support orders be modified?

Yes. A support order can be modified if there is a substantial change in circumstances, such as a significant change in income, job loss, increased childcare costs, or a major change in parenting time. Modifications must be sought through the court, often with the Friend of the Court providing input and calculations.

What happens if the paying parent does not pay?

If a parent fails to pay, the Friend of the Court and state enforcement agencies have remedies including wage withholding, interception of tax refunds, suspension of licenses, imposing liens, contempt proceedings, and other enforcement actions. Persistent nonpayment can lead to serious consequences, and legal counsel can help pursue enforcement or negotiate payment plans.

Does parenting time affect the amount of child support?

Yes. Parenting time can affect child support calculations. Michigan’s formula allows for parenting time adjustments or credits when a parent spends substantial time with the child. The Friend of the Court will usually account for parenting time when preparing the worksheet.

Can support include health insurance and other costs?

Support orders commonly include provisions for health insurance if available at a reasonable cost, plus cost sharing for uninsured medical expenses and reasonable child care expenses required for employment or education. Courts expect parents to share these expenses in addition to basic support.

How long does child support last?

In Michigan, child support usually continues until the child reaches the age of majority or completes high school, subject to state rules. There are exceptions for children with disabilities, and courts can order support beyond standard age limits if appropriate.

Can I get back support that was not paid in the past?

Yes. Past-due support, or arrears, can be pursued through enforcement methods. The Friend of the Court and state enforcement units can seek collection of arrears, and courts can enter orders requiring payment of back support. Interest and penalties may apply under state law.

What should I do if the other parent moves out of state?

If a parent moves to another state, enforcement and modification may proceed under the Uniform Interstate Family Support Act. The Friend of the Court and state child support agencies coordinate with other states to continue enforcement or to transfer the case for local handling. Legal advice can help manage interstate complications.

Additional Resources

When seeking help with child support in Keego Harbor, consider these local and state resources:

- Oakland County Friend of the Court - assists with calculations, enforcement, and administrative processes related to child support.

- Oakland County Circuit Court Family Division - handles court hearings, orders, and judicial rulings on family law matters.

- Michigan Department of Health and Human Services - Child Support Program - statewide administration and enforcement of child support cases.

- Michigan Legal Help and Legal Services of Michigan - provide self-help resources, plain-language guides, and low-cost or free assistance for qualifying individuals.

- Michigan State Bar Lawyer Referral Service - for locating qualified family law attorneys in Oakland County and the Keego Harbor area.

- Local mediation and parenting-time programs - often available through the court or community organizations to help parents reach agreements without contested hearings.

Next Steps

If you need legal assistance with child support in Keego Harbor, consider the following steps:

- Gather documents: collect pay stubs, tax returns, proof of health insurance costs, daycare invoices, birth certificates, and any existing court orders or correspondence from the Friend of the Court.

- Contact the Oakland County Friend of the Court: they can explain the administrative process, provide worksheet calculations, and outline enforcement options.

- Consider legal advice: consult a family law attorney if your situation involves contested paternity, complex income, interstate issues, significant arrears, or urgent enforcement needs. Ask about initial consultations and fee arrangements.

- Explore low-cost options: if you cannot afford a private attorney, contact Legal Services of Michigan or local legal aid programs for eligibility and help. Online self-help resources can also guide you through filing forms and preparing for hearings.

- File the appropriate paperwork: whether establishing support, requesting modification, or seeking enforcement, file the necessary petitions with the court and work with the Friend of the Court to move the case forward.

- Keep records and communicate in writing: document payments, communications, and any changes in circumstance. Written records are critical for court hearings and enforcement actions.

Note - This guide is informational and not legal advice. For advice tailored to your situation, consult a qualified family law attorney or an authorized legal aid provider in Oakland County.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.