Protecting Your Rights Concerning Child Support
The custodial parent is entitled to take the minor children as dependents for all tax purposes. The parties may agree that the noncustodial parent have this allowance and enter this agreement into the judgment. If the judgment entitles the noncustodial parent to the allowance, that parent must obtain a signed IRS Form 8332 each year from the custodial parent and file it with the noncustodial parent's other federal income tax forms.
Child support is modifiable on the same basis as spousal support. This support is usually ordered until the child attains the age of 18 years or until the child graduates from high school, so long as the minor child has not yet reached 19 years and six months, and regularly attends high school full time with a reasonable expectation of completing sufficient credits to graduate from high school while residing full time with the payee of support or at an institution. The enforcement of payments is the same as for spousal support.
At McCleary & Associates, P.C., Grand Blanc, you will find an experienced lawyer to help you handle these issues.
What Is Child Support Based On?
Child support is based mainly on the Child Support Formula Manual (the "Guidelines"). It is a formula relating to income. Nonpayment of court-ordered support may lead to a contempt of court citation, resulting in a jail term or a suspension of the delinquent parent's occupational or driver's license.
If there is an arrearage of child support payments, medical expenses, etc., at the time of the judgment, the judgment of divorce must contain a provision preserving this arrearage. The same holds true for any monies owed under any temporary order. To preserve a temporary order, the judgment of divorce must preserve the arrearage. If it does not, the temporary order is canceled.
Every child support order paid through the Michigan State Disbursement Unit (MiSDU) now provides for the immediate and automatic withholding of child support payments from any source of the payer's income, unless the court orders otherwise or approves an agreement by the parties.
A federal law now provides for group health care coverage for the noncustodial children of employees by their employers. The coverage is obtained through qualified medical child support orders. Your attorney will explain this to you if applicable.
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Don't hesitate to call me to schedule an initial consultation with an experienced attorney. I can be reached at 810-652-5115, or complete my online contact form. I serve clients throughout Genesee County, including Flint, as well as neighboring counties.