Child Support Laws in the State of Michigan

The following are key concepts that form the foundation of Child Support laws in the state of Michigan:

Income Withholding Order

An order of income withholding shall take effect immediately unless one of the following applies:

• (a) The court finds, upon notice and hearing, that there is good cause for the order of income withholding not to take effect immediately. For purposes of this subdivision, a finding of good cause shall be based on at least all of the following:
  • (i) A written and specific finding by the court why immediate income withholding would not be in the child’s best interests.
  • (ii) Proof of timely payment of previously ordered support, if applicable.
  • (iii) For a friend of the court case, an agreement by the payer that he or she shall keep the office of the friend of the court informed of both of the following:
    • (A) The name, address, and telephone number of his or her current source of income.
    • (B) Any health care coverage that is available to him or her as a benefit of employment or that is maintained by him or her; the name of the insurer; the policy, certificate, or contract number; and the names and birth dates of the persons for whose benefit he or she maintains health care coverage under the policy, certificate, or contract.
• (b) The parties enter into a written agreement that is reviewed and entered in the record by the court that provides for all of the following:
  • (i) The order of income withholding shall not take effect immediately.
  • (ii) An alternative payment arrangement.
  • (iii) For a friend of the court case, that the payer shall keep the office of the friend of the court informed of both of the following:
    • (A) The name, address, and telephone number of his or her current source of income.
    • (B) Any health care coverage that is available to him or her as a benefit of employment or that is maintained by him or her; the name of the insurer; the policy, certificate, or contract number; and names and birth dates of the persons for whose benefit he or she maintains health care coverage under the policy, certificate, or contract.

-From Section 552.604 of the Michigan Revised Statutes.

Deviation from Child Support Guidelines

The court shall order child support in an amount determined by application of the child support formula. However, 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.

-From Section 552.605 of the Michigan Revised Statutes.

Health Care Coverage for Minor Children

If a child support order is entered, the court shall require that one or both parents obtain or maintain health care coverage that is available to them at a reasonable cost, as a benefit of employment, for the benefit of the minor children of the parties and, subject to section 5b, for the benefit of the parties’ children who are not minor children. If a parent is self-employed and maintains health care coverage, the court shall require the parent to obtain or maintain dependent coverage for the benefit of the minor children of the parties and, subject to section 5b, for the benefit of the parties’ children who are not minor children, if available at a reasonable cost.

-From Section 552.605a of the Michigan Revised Statutes.

Child Support After 18 Years of Age

The court may order child support for the time a child is regularly attending 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 recipient of support or at an institution, but in no case after the child reaches 19 years and 6 months of age. A complaint or motion requesting support as provided in this section may be filed at any time before the child reaches 19 years and 6 months of age.

-From Section 552.605b of the Michigan Revised Statutes.