Michigan Divorce Law...

Michigan Law - What Other Factors Determine Child Support?

If the child support award differs from the child support guidelines, the judge must specify in writing:

• The support amount under the child support formula.
• How the support order differs from the child support formula.
• The value of any property or other support awarded instead of the payment of child support.
• The reasons why the child support formula would be unfair or inappropriate in the case.

In any event, though, the judge is allowed to approve a different result if agreed by the parties.

Section 25.95(2), (3).

Cases:

Beverly (1981) 112 Mich App 657. (The court erred in relieving the noncustodial spouse, the wife, of her obligation to pay child support. The custodial spouse, the husband, had recently remarried. Because of the remarriage, he was now financially able to assume the full support of the two children. However, the court ruled that the husband's new wife is under no obligation to support the children of the first marriage. This is so, even though the new wife's financial contributions to the new household may cover some of the husband's support obligations. The noncustodial parent's support obligations depend primarily on her own earning capacity. The remarriage of the custodial parent (the husband, here) is only one of the factors to be considered in determining each party's child support obligation. And so the wife should continue to pay child support.)

Email this page on to a friend.

Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More...

Click here to go to top Michigan divorce law page.

Click here for the Michigan divorce legal table of contents.