Category: Family Law

Child support in Michigan is set according to a formula. It is important to understand how the formula works in order to insure that the child support payment calculations are based on accurate financial information.

I bring more than 35 years of experience as a child support lawyer in Michigan and work closely with clients to provide them with advice and services tailored to their circumstances. I am familiar with all aspects of the child support formula and will work to help the court determine the fair and appropriate level of support.

DETROIT AND ROYAL OAK-AREA CHILD SUPPORT ENFORCEMENT ATTORNEY
Michigan’s child support formula looks at a number of factors to determine the fair and proper amount of child support, including:

• Earnings of each parent
• The number of children
• Special needs of the child

The formula is simple but its application becomes more complicated when one of both parents are self-employed, unemployed, employed on a part-time basis or have variable income due to overtime pay, bonuses and other compensation.

OVERNIGHTS IMPACT WHAT A PARENT WILL PAY FOR CHILD SUPPORT
One of the factors considered in determining child support is the number of overnights each parent has with the child. This is an issue that can potentially complicate custody and parenting time negotiations as parents strive to reduce the amount they pay or increase the amount they are paid. However, custody and parenting time should be about what is best for children, not what is best for the bottom line. With that in mind it is important to establish custody and parenting time independently from child support concerns.

As family dynamics and the needs of children change over time, the need may arise to modify the divorce Judgment to ensure that it continues to protect the children’s best interests. If a significant change in circumstances has occurred since the last order was entered, a party may file to modify custody or parenting time. If the parties agree to a change in parenting time or custody, I can prepare a written order for both parties to sign, which the Judge will most often approve.

DETROIT AND ROYAL OAK-AREA SUPPORT MODIFICATION LAWYER
I have been a family law attorney for more than 35 years and am skilled at helping parties pursue their rights through modification of divorce judgments. When parties agree to a change in custody or parenting time, I can help prepare a written order which the judge will most often approve, keeping attorney fees to a minimum. Where there is disagreement between the parties, I can facilitate cooperation and lay the groundwork for a successful outcome for my client.

IS YOUR SITUATION ELIGIBLE FOR MODIFICATION?
Issues pertaining to children are allowed to be revisited in Michigan due to the expectation that factors such as child care costs, health care expenses and other needs of the child will change between the divorce and a child reaching adulthood. However, there is a threshold of proof that must be crossed by the parent seeking modification.

If there has been a significant change in circumstances since the time of your divorce, including changes in incomes of the parties, you may be eligible to have the court revisit these issues and order a change in the court order. Other factors, such as whether there is an Established Custodial Environment for the child, can have a significant impact in how the court will rule.

A prenuptial agreement, when properly prepared, can resolve issues of property division and spousal support prior to the marriage taking place. This can protect the interests of both parties and provide certainty as to what will happen in the event of divorce or the death of one spouse.

IS A PRENUPTIAL AGREEMENT RIGHT FOR YOU?
The majority of individuals and couples seeking prenuptial agreements:

• Have already accumulated assets
• Have been previously married
• Have children

A prenuptial agreement allows parties to protect the assets they enter into the marriage with and ensure that their assets are left for their children according to their wishes.

CREATING A VALID PRENUPTIAL AGREEMENT IN MICHIGAN
A prenuptial agreement that fails to hold up under court scrutiny will not provide any value. These agreements must be prepared by an attorney who is experienced with the law governing such agreements. I understand what it takes to create a valid prenuptial agreement and will work diligently to ensure your agreement is valid and will be durable over time.

These agreements cannot be signed under duress and it is in the best interest of both parties to have a lawyer present when they sign the agreement. Full financial disclosure is also a required component of the process for creating a prenuptial agreement.

Already married? In limited circumstances, postnuptial agreements can offer the same protections as a prenuptial agreement but come with their own unique set of challenges since they are signed when the parties have already married. I have experience with these issues and can walk you through your options if you are considering a postnuptial agreement.