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RESOURCES - SINGLE AND DIVORCING PARENTS

« How can limited or full guardians seek custody of children? | Main | Second time around: Help for grandparents raising grandkids »

Comments

Jeanne M. Hannah

Remarriage, in and of itself, is not a factor that is considered when figuring the amount of child support. Nor is the income of the step-parent considered. A change in circumstances with regard to the non-custodial or custodial parent--particularly an increase in income--is a primary factor in the re-determination of child support.

stressed wife

My husband is being stuck in the same situation in Indiana. If the non-custodial mother is remarried, shouldn't his income be determined so my husband doesn't have to pay her? It is unjust!

Kent Weichmann

Actually, under the current Michigan Child Support Formula the custodial parent always pays support for any time the child is with the non-custodial parent. This amount is usually much less than the amount that the non-custodial parent pays for the time the child is with the custodial parent, so the two offsetting awards usually result in a net payment to the custodial parent. In some families, the terms "custodial" and "non-custodial" begin to lose content anyway.

Scott Bassett

Back in the mid-90's there was a Michigan Court of Appeals case (unpublished, I think), where the issue was the trial court's order requiring the custodial father to pay child support to the non-custodial mother. This happened because the father had a much higher income and the mother needed assistance in providing a home for the children during her parenting time. The case was out of Livingston County and Hon. Dan Burress was the judge. I don't recall the name of the case, but I think the order was reversed. It was sufficiently interesting that I recall mentioning it in the Michigan Family Law Journal and calling Judge Burress to discuss it. Then, a few years later, another case came down affirming the ability of the trial court, under certain circumstances, to order the custodial parent to pay support. Again, blanking on the case name.

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