The Michigan Child Support Formula is a state guideline that governs how child support obligations are determined in Michigan. Except in certain particular cases, where deviations from the formula are allowed, the court must act in accordance with the state’s child support guideline when ordering support obligations. These obligations are intended to cover the care and general needs of a child, medical support, and child care expenses.
Pursuant to MCL 552.605, deviations from the Formula are allowed if “the court determines from the facts of the case that application of the child support formula would be unfair or inappropriate…”
Proving eligibility for a diversion can be difficult. A qualified family law attorney can review the individual facts of her case and determine if she may have grounds for deviation. If her circumstances meet the criteria, her attorney will present her case in court and argue that the court will allow a deviation from standard guidelines.
Circumstances that may serve as qualifying factors include any exhibiting a serious financial hardship that interferes with the parent’s inability to pay the amount that would be ordered under the Standard Formula, such as unmanageable medical expenses related to a catastrophic illness or injury. Also, if a child has special needs that could not be met using the standard formula, a deviation from the guide may be warranted.
If you are filing for divorce in Michigan, it is important to find a lawyer. Speak with an experienced Michigan divorce lawyer as soon as possible.