At the Law Office of Nathan G. Frazier, we represent moms and dads alike. We understand the financial obligations of raising children, especially with regard the challenges in this new economy. We are happy to discuss all of your legal options in depth at our consultation.
How Is Child Support Calculated?
Generally, Michigan uses a child support formula to calculate how much a parent should pay to support the children in the custody of the other parent. This formula takes into consideration the income of both the custodial and non-custodial parent. However, specific facts in a case may warrant deviating from this general formula. How we classify "income" and "expenses" is not the same as the IRS (the federal government) or the Michigan revenue service.
Child support is a serious obligation. Whether you pay or receive child support, we can discuss your case and the possible deviations (above and below the guideline amounts) that may be warranted in your case. Don't wait until it's too late: in Michigan, failure to pay child support can lead jail time for contempt of court. In addition, a court can suspend the delinquent parent's occupational or driver's license and hunting license.
Who Gets The Tax Exemptions?
The tax exemptions for the minor children belong to the custodial parent ; however, sometimes the parties may agree that the noncustodial parent shall have some or all of the exemptions. If the judgment awards the exemptions to the noncustodial parent, that parent must obtain a signed Form 8332 from the custodial parent. That form is then filed with the noncustodial parent's other federal income tax forms. The child tax credit and the interest deduction and tax credits for post-secondary education may be claimed by the parent taking the dependency exemption. The exemption waiver may be revoked.
Can You Later Modify Support?
Child support is modifiable upon proof of a change in circumstances. A parent is entitled to a child support review every three years. Child support is usually ordered until the child attains the age of eighteen years, or graduates from high school, so long as the child has not yet reached nineteen years and six months and regularly attends high school on a full-time basis with a reasonable expectation of completing sufficient credits to graduate from high school while residing on a full-time basis with the payee of support or at an institution. Enforcement of child support payments may be sought by a motion in the Family Court.