2004 Michigan Child Support Formula Manual (effective October 1, 2004):
1.04 Application of and Deviation from the Formula
1.04 (A) Required Application.
(1) All child support recommendations and orders must follow the formula, whether or not the parties agree on the amount of support, except where a court determines that the formula produces an “unjust or inappropriate” result. Except as otherwise provided in MCL 552.605, the court must order child support in an amount determined by application of the child support formula.
(2) All support orders must be stated in monthly amounts. MCL 552.605c(1).
1.04 (B) Agreements to Deviate.
MCL 552.605(3) states that subsection (2) (i.e., MCL 552.605(2)) does not prohibit the court from entering a support order that is agreed to by the parties and that deviates from the child support formula, if the requirements of that subsection are met and deviation factors (a) – (d) are recorded.
1.04 (C) Deviation Requirements.
(1) The court may enter an order that deviates from the formula if the court determines from the facts of the case that application of the child support formula would be unjust or inappropriate, and it includes all of the following:
(a) The child support amount determined by application of the child support formula.
(b) How the child support order deviates from the child support formula.
(c) The value of property or other support awarded instead of the payment of child support, if applicable.
(d) The reasons why application of the child support formula would be unjust or inappropriate in the case. MCL 552.605(2). See: MCL 552.605, Ghidotti v Barber 459 Mich 189 (1998), and Burba v
Burba 461 Mich 637 (2000).
(2) The Michigan Supreme Court has held that the statutory deviation factors must be recorded. “While a trial court may enter an order of support that deviates from the formula, it may not do so without setting forth in writing or on the record why following the formula would be unjust or inappropriate.”
Ghidotti v Barber, 459 Mich 189 (1998). The criteria for deviating from the formula are mandatory and, to fulfill its statutory duty, a court must carefully articulate these factors to memorialize and explain its decision. Burba v Burba, 461 Mich 637, 644-45 (2000).
1.04 (D) Deviation Criteria.
(1) The Michigan Supreme Court has clarified that deviations cannot be based simply on disagreement with the policies embodied in the statutes or the manual. In Burba v Burba, 461 Mich 637 (2000), the Court held that disagreement with the policies implicit in the formula cannot be the basis for a deviation.
(2) In exercising the discretion set forth in this section, to the extent possible, the court should follow the formula’s principles and algorithms, with the exception of those particular provisions that create an unjust or inappropriate result.
(3) The only basis for deviation from the formula is a finding that application of its provisions would be unjust or inappropriate in a specific case.
(4) Given the common factors considered, the law presumes that the Michigan Child Support Formula sets appropriate levels of support. However, in a limited number of individual cases, the amounts derived from application of the formula may have an unjust or inappropriate result. In those cases, the
law anticipates that the court may exercise discretion in the best interests of the child to determine a just and appropriate amount of support.
(5) In exercising the discretion set forth in this section, the court may consider any or all of the following factors, as well as any additional factor that it determines to be relevant to the best interests of the child:
(a) The child has special needs.
(b) The child has extraordinary educational expenses.
(c) One or both of the parents are minors.
(d) The child’s residence income is below the threshold to qualify for public assistance, and at least one parent has sufficient income to pay additional support to raise the child’s standard of living above the
public assistance threshold.
(e) A reduction of income available to support a child has occurred due to extraordinary levels of jointly accumulated debt.
(f) The court awards property in lieu of support for the benefit of the child.
(g) One or both parents are incarcerated without income or assets.
(h) One or both parents have incurred, or are likely to incur, extraordinary medical expenses either for themselves or a dependent.
(i) One or both parents earn incomes of a magnitude not fully taken into consideration by the formula.
(j) One or both parents have varying amounts of irregular bonus income.
(k) Someone other than the parent can supply reasonable and appropriate health care coverage.
Domestic Diversions
1. Good counsel on matters of relationships, families and family law. 2. The efforts of good people working together to advance the mind, arouse the heart, and amuse the spirit.
My husband has 3 children from a prior marriage. His annual salary $55,000. He pay his ex-wife $670 in alimony and $1300 for child support. We have joint custody. She works and makes $21,000 annually (she has a teaching degree that she is not using). Obviously the FOC has deviated from the formula but has never stated anything other than it would cause an undue hardship on the mother. They were married 14 years and alimony is for 3 years. She is trying to extend the alimony. We filed for a reduction in child support after obtaining joint custody 18 months ago and the FOC, mom’s attorney, and circuit court keep delaying the meetings. The judge stated “he did not have time to deal with this” and rescheduled for another 5 weeks out.
Do you have any suggestions? We have been diligent in our quest for fairness with no result.
Thank you,
Dawn Conachan
I understand your pain but maybe you should stay out the your husband and his Ex relationship and mind your own business. I don’t know how much you think it cost to raise 3 kids but $1300 is nothing from a husband who was caught cheating with his mistress ( That would be YOU!) while he was still marriage! I’m sure your cheating on you present husband! Deal with it and stop acting like a little child. Why is your husband not requesting this information?
Katie has big issues.
Tood you are correct, Katie does have big issues. Dawn, my husband and I are trying to get his child support and visits fair within friends of the court. We welcomed our new baby 6 months ago and can not get the court to accecpt her existance. My husband and I are struggling to feed ourselves and our new baby after I lost my job. When we try to get the child support fair to take into account my husbands other child, the court applied all of our expenses to my husband’s ex and raised his support. His ex has never had to present proof of income and they just “take her word” for her income. What happen to following the law? Why is it that Friends of the Court does not have to follow it stated and published rules?
I am sure Kaite is just upset that she can not take her kids to Disney World 5 or 6 times a year unless her ex sends an outradgious amount of child support so she can live “high on the hog”. My husbands son has seen Mickey Mouse more this year than his own father. Is it Friends of the court or Friends of the Mother? How does Katie know that Dawn was a mistress? I guess because Katies marriage did not work out no one is allowed to married, be in love, and have a happy family. That is really sad. What is even sadier is that so many children are falling victim to Friends of the Court that the Mothers are getting so much money the fathers are unable to pay the child support and the cost associated with seeing their child for the short period of time the court allows.
Katie may have issues but raises a valid point – Dawn should stay out of her husband’s business and I doubt $1300/mo comes close to paying 50% of 3 children’s monthly expenses. I know in our home we pay $4 toward the financial needs of my 2 teenage daughters for every $1 their father contributes – this is often the case, although those rare occassions when a mother is actually abusing the system seem to be the ones fathers refer to most often.
Susan, while I feel for your situation and can completely understand how hurt you must feel that your daughter is suffering, you were aware that your husband had children from a previous relationship and was paying court ordered child support when you chose to marry him and have children with him. The blame lies with you and your husband if you cannot feed your daughter – not the court system, his ex-wife or his children (who would be the ones punished if support were reduced). As the adults in this scenario, you made choices based on information that hasn’t changed. On the flip side, your husband’s other children did not make any of the decisions that they are being forced to live with.
I know that probably sounds harsh but try to remember that the money your husband pays in support actually does go directly to his children – and they are innocent in all of this. You can also console yourself with the knowledge that your daughter has the priviledge and luxury of having both of her parents living in her home taking an active, daily interest in her life… something his other children likely crave and will never have. Money isn’t everything and your daughter is getting the better end of the deal (although I am sure it doesn’t feel like it at the end of the month when the money has run out).
Best of Luck…
Really?
Katie — no where does it say that Dawn was the mistress….just because the man remarried, doesn’t make the new wife a mistress.
Re-read it…he pays $1970 a month…that’s HALF of his income. All because their marriage broke up? Really, it’s his job to get screwed every month because the mother of the children sits on her butt and won’t work full time???
I was a single mom for 11 years…worked full time….and never GOUGED my son’s father for money. Women, please get over yourselves. This in not the 50’s where you can’t get a decent job and support yourself and your family.
And how, please do tell, does it benefit the children to have their father sit in poverty every month while their mother plays with his money? So because he divorced, HE gets screwed….what????
Oh law-degreed woman…you know exactly what you are doing…… sorry that you are going through that Dawn. I know how frustrating that can be. It’s a difficult road fighting the Friend of the Mom.
Best of Luck!
PS…they have JOINT custody…which means they SHARE time…the FATHER takes care of the children JUST as much as the MOTHER….again…how does this benefit the children when the father has no money when the kids come to his house because it all goes to their mother???
Again…. REALLY???? C’mon people, stop being so ignorant!
I have just read all of these messages and I must be one of the few Mom’s who actually is getting screwed by Friend of the Father…or should I say drop in, dead beat, sperm donor!!!
OK Yes I admit I am angry and I believe I have a right to be. I have my son 365 days a year and have had him for the whole 11 + years of his life. His so called Dad has done nothing but continue to go down hill and make excusses… just like the Mom’s in the earlier stories sit on his big FAT duff and do nothing but lie, cheat, and scam the system. This man claims to be nothing but a waiter and makes minumum wages and tips. Not telling Friend of the Father that he has rental properties and has a vintage corvette sitting in the garage. Last time I checked having a rental property was income….Mr. Deadbeat forgot to mention that to the FOF!!!!!
Mind you over the last 11 + years I have not only raised my son completely by myself his whole life…I have put myself through college, earned a Bachelor’s Degree, while working and raising our son I have also adopted my nephew whom was removed from his two dead beat parents!!! The FOF has now lowered the support and also the medical responsibilities as well. Not that he ever paid for any of the medical anyway…it’s just the point…that in the courts eyes it is OK for him to be accountable for absolutly nothing!!!!
I feel as if I am being punished for being a responsible parent. I have worked my tail off to make sure that both of my son’s have a decent life. These three deadbeats get to go out and party their lives away and the court feels sorry for them. I am sorry but they need to pull their heads out of their behinds…grow up…and take responsibility for what they created or helped to create. I don’t feel that I or anyone else who has chosen to love and take care of their children should be penalized because we choose to make our lives better to benefit our children.
The other two deadbeats are a complete joke also…the FOF has both cases in the Father’s name and after four years they have yet to fix it to have one case in his name and one in hers. The way I see it we are just numbers on a docket nobody really cares and the only ones who suffer are the kids. THe thing that makes me the most sick is that none of them have to look at their(my kids) faces when there is an activity, or a sport, or a place the kids want to go and have to tell them no I simply can’t afford it. They don’t understand that there are bills to pay, clothes to buy, food, utilities, etc. And while I am stuck with all of never ending responsibilities my friend who works at the same restaurant tells me that the deadbeat comes in drunk or smelling like booze. He always has money to party….Must be nice.
Well both of my son’s will know who took care of them and who didn’t it is just sad that the courts only see numbers on a file not the people, the faces and the lives that they are effecting. I guess it depends on the case but believe me the Mother does not ALWAYS get everything. I don’t get squat and all three of them continue to get away with it.
Oh yeah and for all of you haters out there, just for the record, I only raised his support once in 11 years. Nine of them he did nothing not a card, a phone call or a visit. I am tired of being nice…that ends now. I am going to prove his additional income and make sure the court knows about it as well. I hope when they do they make him pay out the REAR!!!!! .
Nothing like a woman scorned
Omg… I just read all of the previous entries, and I must say that many of you have deep rooted psychological PROBLEMS!!! Let me start of with Psycho Katie, with her non shalont line of “1300 dollars is nothing”…? Really Katie? Thats a little over $430 dollars per kid per month? Let me think, when do I remeber having 430 dollars in my hand as a kid growing up to just spend on me? Hmmm thinking hard… thinking some more….um NEVER!!!! And if you were fortunate to be a kid and have $430 dollars to spend on yourself a month…EVERY MONTH then consider your self truly BLESSED!!! Because second hand clothing stores and payless was my friend growing up, and even if you did happen to get an early Christmas/Birthday and SPLURGE on yourself, there was no way in firey hell you’d have $430/month to spend on yourself unless you took on a DAMN SUMMER JOB and saved or did ODD JOBS like rake leaves or mow lawns etc, feel me? Second Bonnie, the first part of your opinion was legit, but then you said…”The blame lies with you and your husband if you cannot feed your daughter – not the court system, his ex-wife or his children (who would be the ones punished if support were reduced). As the adults in this scenario, you made choices based on information that hasn’t changed. On the flip side, your husband’s other children did not make any of the decisions that they are being forced to live with. I know that probably sounds harsh but try to remember that the money your husband pays in support actually does go directly to his children.” Wow, really Bonnie. Surely its the husband and new wifes faught for the new baby starving, for how dare they get married and have a baby with an unfair child support order looming over them !! And the child support goes directly to his children??? Since when? Child support goes directly to the MOTHER, and the MOTHER decides how the child support will be spent. Be it cloths, food, medical bills or that NEW JAGUAR!! Hey kids, you like momies new car…feel that leather interior and heated seats!! Like be real, keep it honest and legit. Lucy, your whole statement was on point and made SENSE. Thank God for one person to have some level headedness out of these retarded ass responses. Finally, Brenda…do you even respond to the question? I mean your whole long winded response was just basically therapy for YOURSELF. I mean damn, start a blog or sumthin, and if your baby daddy is A LOSER…A DEAD BEAT, who PICKED THE DEAD BEAT TO LAY WITH??? My God, take some responsibility. Yes i am glad that you did it yourself and you did what you had to do, but stop whinning and bitching about how you had to do it, because you made the decison to HAVE SEX…yes SEX with the so called SPERM DONOR. Todd, wish you had expanded on what you said, but your comment was on point too. Now Dawn if you wish to LOWER your child support follow these instructions: 1. If you have joint legal and joint physical custody, have your husband add all three children to his health insurance. 2. Make sure the new baby is on your husbands health insurance. 3. If the children are school age, enroll them in Latchkey (AM/PM: Daycare/Evening care). 4. Request Modification of present child support order, have new child support order prescribed under new income. 5. Keep all financial accounts that you and your husband have SEPERATE, depending on your state your income shouldnt really even be a factor in child support. 6. Look under guidelines of child support and view the Deviations from the child support formula and see if any of these deviations apply to you!! Good luck