Child Support FAQs
Child Support FAQS
Q. Does the judge have to use the Child Support Formula or the FOC recommendations when setting support orders?
A. The Child Support Formula is used to assist the judge in making a decision concerning support amounts. The law requires support to be set according to the formula recommended amount under the formula unless there is clear evidence that the formula amount is unjust or otherwise harms the best interests of the child. The Court must record the reasons for not following the formula if it orders support different from the amount recommended.
Q. Can I stop paying my support because the other parent denies me parenting time?
A. No. Parenting time and support are separate orders of the court, with separate enforcement procedures. Violation of one order does not permit violation of other orders.
Q. The non-custodial parent is not paying support. What can I do?
A. Contact the FOC and request enforcement if the back support equals payments of four weeks or more. You may also contact a private attorney to file an enforcement action.
Q. The other party is self-employed and is not making his or her court-ordered support payments. What can the FOC do?
A. Income withholding orders are not usually effective when a payer is self-employed. In these cases, the FOC may seek enforcement using a different enforcement tool such as a show cause hearing, tax intercept, license suspension, etc. Contact the FOC office for further information concerning these options.
Q. My court order states that I am to pay support through the Michigan State Disbursal Unit (MISDU) office. Can I pay the support to the other parent directly?
A. No. Not without having your court order changed. Support is paid through MISDU so that an official record of payments exists. If you want credit for payments made directly to the custodial parent, you must obtain a court order that directs the FOC to credit your account for a specific amount. If any support is paid directly to the other parent and not through MiSDU, as ordered, it will be considered a gift and credit will not be given against your support account.
Q. What happens if a parent has a major increase or decrease in income?
A. The Michigan Child Support Formula requires the FOC to consider both parent’s income when making child support recommendations. If either party has had a large increase or decrease in income, they should contact the FOC to request a review of the support order (see Support Modification Section), or seek a change by filing a motion. If you and the other party mutually agree to a change in your support order, you can sign a written agreement (stipulation). That agreement must be entered as an order, if approved by the court. If the agreement deviates from the amount recommended under the Michigan Child Support Formula, however, certain additional requirements must be met.
Q. Is the FOC responsible for making sure that child support money is being spent on the child?
A. No. Current law does not give the FOC the right to question how child support payments are spent.
Q. Does the Michigan Child Support Formula consider my bills and living expenses?
A. No. The formula assumes that everyone has certain living expenses such as rent, car payments, utilities, etc. and these expenses are already built into the formula. However, certain mandatory costs such as court fines, may be taken into account.
Q. I do not like my job. If I quit my job and take a lower paying job, or start my own business, will my child support be lowered to reflect the change in my income?
A. No. When a parent voluntarily reduces his or her income, the Court may view the act as an unexercised ability to earn income and support may not be modified, or may be calculated using the former earnings.
Q. I lost my job, will child support automatically be adjusted?
A. No. Child support will not be automatically adjusted when your employment changes. A new order is needed. You should contact the FOC for further information.
Q. If I write a letter to the FOC stating that I am injured and cannot work, will my support stop?
A. No. Child support will continue to charge support at the ordered amount until the order is modified by a new order. In addition, the FOC may continue to enforce the support order unless a physician's form is provided.
Q. Does the FOC know if the Payer is working?
A. Not necessarily. The FOC may or may not have that information. We have several locate tools, but they are not perfect. It is each parent's responsibility to keep the FOC informed of his or her employment. Also, if you are the recipient of support and you have information about the Payer's employment, please contact the FOC.
Q. If my minor child is adopted, marries, or enters the military, does my support stop?
A. Yes. Please contact the FOC if any of the above circumstances occur.
Q. If my child is over 18, but still in school, can I continue to get support?
A. It depends. Post-majority support may be ordered only when an individual child meets all four statutory factors. Even if all factors are met, the court still has the discretion to award post-majority support – it is not mandatory.
Q. What if I can't pay all of my support arrears, but I can pay some of it?
A. Contact the FOC to make payment arrangements.