The law and underlying public policy make it very clear that children have an inherent right to the support of their parents. Further, a noncustodial parent has an obligation to assist child support even if the custodial parent has sufficient income to meet the needs of the child without financial assistance.
How do I figure out how much child support I will receive or pay? A math formula exists for all support calculations, including for interim orders and requests for modification, called the Michigan Child Support Formula. Factors of influence are income and the number of overnights with the child(ren).
The amount of child support recommended by the formula is presumed to be appropriate. It is the information that is inputted into the formula that is often in dispute and is often a source of increased litigation. Parties can agree to deviate from the child support recommendation for reasons such as a child’s needs and the parent’s ability to pay, however the child support determination rests in the sound discretion of the court.
At Switalski Law, we use the same or similar child support programs (formulas) that are used by the Court’s so we can accurately assist you in determining the child support award for your specific case and for your children’s need.
What about medical insurance coverage? Healthcare and healthcare insurance for the minor children are factored into the support amounts. The law requires the court to order one or both parents to maintain health care coverage for the children if it is accessible to the child and is available to the parent (or parents) “at a reasonable cost”. The order includes payments for the general care and needs of a child (which is called the base support amount), medical support and child care expenses.
The Child Support Formula and order further establishes what is called the family annual ordinary health care expense amount to cover uninsured costs, premiums and copays for the children. These are all built into the payment. Everything over that amount will be shared between the parties typically as a percentage for each party.
Daycare is covered too! The support formula provides for payments and allowances for daycare used while employed and while searching for a job. Other provisions apply as appropriate.