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While Michigan Courts generally follow mandated Child Support Guidelines, there are still several factors that are considered in determining child support.
One of the most important factors in determining the appropriate amount of child support is income. In Michigan the guidelines take into consideration the income of both parents. The amount of income of each parent and their ability to contribute will be heavily considered in calculating the amount of child support each parent is obligated to pay.
In certain special situations, a parent may be entitled to a “deduction” on the amount of child support for which they are responsible. For example, if a parent is already paying child support or alimony from a previous situation, they will generally be allowed to deduct that amount from their income. However, in order to get the deduction, the support payments must be court ordered, and the parent must actually be making the payments.
One other aspect that child support considers is healthcare expenses for the child. The child support order needs to spell out who will pay for the children's health insurance. The amount spent on health insurance is added to the basic child support order and then credited to the parent who pays it. Additionally, each parent will be ordered to pay a percentage of any additional out-of-pocket healthcare expenses.
Another important issue in determining child support is the amount of time that the children spend with each parent. The more time that the children spend with the non-custodial parent, the more expenses that parent incurs to support the children. In situations where there is shared custody or extensive visitation, the amount of child support awarded will probably be less than in situations where there is sole custody and little visitation.
While there is a presumption that the child support guidelines provide the correct amount of child support, it is possible to obtain an award that is higher or lower than the amount determined by the guidelines. This will require a judicial determination of extenuating factors that require a deviation from the guidelines.
Finally, once the court has ordered a certain amount of Child Support, it can only be modified where there is “clear and convincing” evidence of a change in circumstances justifying modification.
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