Michigan parents may still be struggling with child support

June 08, 2013

Michigan parents may still be struggling with child support

Article provided by Joseph L. Bernwanger, P.L.L.C.
Visit us at http://www.michiganattorneyonline.com

With a distressed job market and the ever-increasing costs of almost every product, the cost of raising a child is daunting. Many Michigan parents depend on the child support payments that have been awarded to them. Unfortunately, though, just because payments are ordered doesn't mean they are actually received.

Child support payments in Michigan

Like many other states, Michigan law provides a standard formula to help judges determine an appropriate child support award. Typically, such factors include the net monthly income of the non-custodial parent, as well as the amount of time the child will spend with each parent.

By using such factors, the formula generates a figure that is not only helpful to the receiving parent but is also within the financial ability of the paying parent. Because the payment accounts for the paying parent's financial ability, payments should be made in a timely manner.

When payments aren't being received

There are several different judicial tools that can be used in the event a parent is defaulting on the mandated child support payments.

The most common tool used is that of wage garnishment. In hopes of providing finances to support the child, the court may order the defaulting parent's employer to have the child support payment taken directly out of the parent's paycheck.

There are situations in which wage garnishment is not the most appropriate method of ensuring payments. For instance, the parent may not be working, or the parent may not have provided the appropriate employment information to the court. In such situations, the court may use methods that have more of a deterrent effect, including suspending the parent's driver's license, revoking his or her passport, or (in drastic cases) ordering a jail term until the parent is up-to-date with child support payments. These methods do not typically end in immediate financial satisfaction. However, they are helpful in ensuring that the defaulting parent understands the importance of such payments and the ramifications of defaulting.

Ensuring a child's financial security

Given the high emotions at stake in child custody and child support negotiations, it is essential that the process be done respectfully and efficiently. Individuals in the process of such negotiations may benefit from speaking with an experienced family law attorney. An experienced attorney will assist in the complex process of filing for child support and will also work to see that the custodial parent receives the support payments he or she is entitled to.