Some Thoughts on Child Support and Michigan'sFriend of the Court
Basic Information
I am not a lawyer and this is not legal advice.These are tough times in Michigan, and many parents are loosing good jobs, particularly in theautomotive sector, and are they unable to find more work at the same pay rate.Some of these parents pay child support through the Michigan Friend of the Court, and they're having a hardtime getting the FOC (Friend of the Court) and courts to adjust their child support obligation toreflect their new income.Sometimes, a FOC employee or judge will say that children who benefit from child support"should not suffer" because a parent looses a job.I feel that if he/she says this, he/she is not properly conducting his/her duties, and is not obeying the laws of the state of Michigan.It's not more money that's in the child's best interest, it's the correct application of the MichiganChild Support Formula Manual.As of Oct 1, 2008, the 2008 Michigan Child Support Formula Manual is used.http://www.courts.michigan.gov/scao/resources/publications/manuals/focb/2008MCSFmanual.pdf For use in reviewing previous orders, 2004 Michigan Child Support Formula Manual may beused.http://www.courts.michigan.gov/scao/resources/publications/manuals/focb/2004MCSFmanual.pdf
Conflicts of Interest
However, the court and FOC have a financial conflict of interest in ruling on these matters asthey themselves make more money when they collect more dollars of child support.(Thisconflict of interest also extends to custody and parenting time matters).http://www.scribd.com/doc/630611/A-Quick-Summary-of-Title-IVD-Funding-and-IncentivesThis conflict of interest sometimes encourages the court or the FOC to view the paying parent assimply a source of income for the child, and not a vital part of the children's lives.However,long understood problems of children from homes without one parent may be helped when thechild has consistent and close contact with both parents.http://www.scribd.com/doc/425877/The-Effects-of-Divorce-and-Sole-Custody-on-Children-
Problems from Incorrectly Calculated Support
If the child support burden is too low, the child's parent who receives child support may struggleto care adequately for his/her child.If the child support burden is to high, it may become difficult or impossible for the paying parentto sustain his/her relationship with his/her child.It's not in the child's interest that dad or mom loose his/her driver's license, that dad can't take achild fishing or hunting, or that mom doesn't have enough money to feed herself, much less showher child love.Nor is it in the child's best interest that unnecessary arrears mount, and preventthe paying parent from getting his/her parenting time enforced.The correct application of theformula is designed to protect from this.See:MCL 552.628 Order to suspend payer's occupational, driver's, or recreational or sporting licensehttp://www.legislature.mi.gov/mileg.aspx?page=getobject&objectName=mcl-552-629&relation=previousI don't have the court rulings handy, but I understand that it's customary for courts to refuse tohear parenting time complaints when parents are in arrears, although there's nothing about that inthe Support and Parenting Time Enforcement Act (MCL 552.641)http://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-552-641The Support and Parenting Time Enforcement Act (MCL 522.605, Section 5, Paragraph 2 says:
(2) Except as otherwise provided in this section, the court shall order child
support in an amount determined by application of the child support formuladeveloped by the state friend of the court bureau as required in section 19 of the friend of the court act, MCL 552.519. The court may enter an order that deviates from the formula if the court determines from the facts of the case that application of the child support formula would be unjust or inappropriate and sets forth in writing or on the record all of the following:
Necessity of Child Support Modifications
It's not some magical one time application of the formula that's the correct action under the law, but rather the state is obliged, in the interests of the child and of justice, to modify support orderswhen circumstances dictate.MCL 522.615, Section 15 mandates change of circumstance notices:
" The payer and any recipient of support shall immediately give to the office of the friend of the court notice of any change in circumstances which would affect an order of income withholding or the distribution of money received under that order."
http://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=mcl-552-615The Friend of the Court Act mandates that the FOC review child support orders uponwritten request if they are due (MCL 522.517, Section 17):
(1) After a final judgment containing a child support order has been entered in a friend of the court case, the office shall periodically review the order, as follows:...(d) Upon receipt of a written request from either party. Within 14 days after receipt of the review request, the office shall determine whether the order is due for review. The office is not required to investigate more than 1 request received from a party each 36 months.
http://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-552-517This isn't just an option, this is federally mandated!
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Michigan Friend of the Court Child Support Modification Request
Thoughts for a concerned parent facing a job loss, a look at the Friend of the Court Act and Support and Parenting Time Enforcement Act, Imputation, and Conflicts of Interest at the Friend of the Court and in Michigan Courts.
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