Does a custodial parent ever have to pay child support to the NCP?

Recently, someone asked me whether it was possible that a custodial parent might ever be ordered to pay child support to the non-custodial parent ["NCP"]. My answer was "Yes, that can occur under certain circumstances." Normally, it's a situation where there is a large disparity between the income of the custodial parent and the NCP.

The computation of child support under Michigan's Child Support Formula takes into consideration the income of both parents, the number of children to be supported, other children in each parent's family to be supported, and since October 2008 when the formula was revised, the number of overnights that each parent has under the current custody / parenting time order.

The 2008 revision is a big improvement over the old formula where 128 or more overnights entitled the NCP to a 50% abatement of child support if he/she had the children for 6 or more consecutive overnights. This method had at least three negative impacts. It created a lot more work for FOC caseworkers who had to process the claims for abatement. It created artificially low levels of child support and did not fairly distribute the "net family income." But worse, it created the practice of parents demanding 128 overnights in order to get the lower child support even though many of those parents had no intention of using them.

You may read the 2008 Michigan Child Support Formula Manual here.

To help estimate for yourself or your clients the expected level of child support, you may order a copy of Child Support 2010 (updated annually) from Marginsoft here.

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.