Child Support

Under Michigan law, both parents are responsible for the financial support of their children. To determine child support, Michigan law uses specific guidelines that consider the parents' incomes, the number of children involved, and the amount of time each parent spends with the children. The law also considers the custodial arrangements and whether there is shared economic responsibility. If the parents cannot agree on the amount of child support each should pay, the court will decide using the Michigan formula.

In Michigan, the actual amount is established through the statutory guidelines which take into account the total available income of each parent. Child support is calculated based on the income of both parents and the number of children. If both parents share parenting time with the children for more than 128 days per year, then child support is calculated based on shared economic responsibility which takes into account that each of the parents has a substantial investment in the raising of their children.

Child support orders can be altered. Requests can be made to the court for an increase, and the Michigan courts generally review petitions for support increases every two years. Child support must be paid until the child turns age 18. If a child turns 18 and is still in high school, support can be continued until age 19 1/2, as long as the child remains enrolled, full-time, in high school and has a reasonable expectation of graduating.

Unless there is an agreement between husband and wife for one or both to assist with this expense, a parent's obligation for a child's support terminates at age 18, or later, when the child graduates from high school, but not past age 19 1/2. Parents are not legally required to pay for college.

Child support is not taxable income to the recipient, nor is it deductible by the payor.

If you need legal assistance in obtaining child support, or altering a previous child support order, please feel free to contact Sakis & Sakis for a free, initial consultation.

For an online child support calculator using Michigan law, click here.

In a divorce, property is divided under Michigan law which provides for an equitable division of marital assets. Marital property will be reviewed differently than separate property. Separate property is usually awarded to the spouse who owns it. Marital property is divided in such a way that neither the husband nor the wife gets a greater share of the assets or an unequal burden of debts. Michigan is a no-fault state insofar as a basis for granting a divorce, but fault will be considered in the property division.

Under the law, the judge must divide property equitably, considering all the circumstances. The judge will look at the extent of the marital estate, the age of the husband and wife, their lifestyle, their socio-economic status, their past relationships, their individual conduct during the marriage, and other circumstances. The trial judge is given wide discretion to distribute the property as she deems fair and equitable. On appeal, the trial court's decision will be upheld unless the appellate court can be persuaded that the judge's property distribution was inequitable and unfair. The appellate court will not alter the trial court's decision unless it decides that the judge abused her discretion in making her decision.

Certain assets can be complex in their implications in a property settlement. What about retirement accounts? Retirement accounts are part of the marital estate and divided as part of the property settlement. Vesting doesn't matter. Stock options? Divided as marital property. Professional licenses acquired during marriage? Not divided.

If you are contemplating a divorce, or if you are involved in a divorce proceeding, having legal assistance in advocating for your equitable portion of the marital estate can be very helpful.

Please feel free to contact Sakis & Sakis for an initial legal consultation at no cost to you.