Child Support - What is the maximum child support that can be taken for current support and arrearage? How is it calculated? What can I do if I feel it is too high?

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Question

I was wondering about child support calculations. Is it base on your net or your gross? What is the maximum percentage they can take out of your check. I gross about $400 a week but only bring home $310 after taxes and health insurance. Now Friend of the Court is taking out $144, $62.50 for support and $78.50 for arrearages. I bring home $166 and child support receives $144. Can they take that much?

Answer

You have two issues, the current support obligation and the collection on arrears.

Current Support: The calculations for setting support under the Michigan Child Support Formula (MCSF) are based on the parties' incomes after taxes. There are also other credits applied for such things as multiple support orders, other children in the home, etc. If you believe that the amount of current support ordered is too high based upon your income, you have the right to ask the court to lower support by filing a motion. This can be done pro per (without an attorney) using forms and instructions available through the Friend of the Court . If it has been more than three years since your support was set and/or if you have a change in circumstances since support was ordered, you can request a review through the Friend of the Court, after which the FOC will propose a change in your order.

Arrearage Payment: Arrears are collected either at a rate set by the court or, absent an ordered amount, at the rate set by the Michigan Child Support Formula (MCSF). If there has been a change since a court-ordered amount was set (such as lack of payments, change in employment, etc.) the Child Support Enforcement System (MiCSES) automatically adjusts the arrearage payment to the MCSF amount (which is monthly set at 4.35% of the arrearage or $87 per month, which ever is greater), and sends a new income withholding notice to the payer's employer. Again, if you think the arrearage collection is too high, you have the right to ask the court to lower the payment by filing a motion using the same forms and instructions.

Maximum Payment: The combination of current support and arrearage payment cannot exceed the percentage of disposable income set in the Federal Consumer Protection Act (which varies from 50% to 65% based upon the payer's circumstances). Since your payment appears to be a little less than 50% of your disposable income, it appears that the amount being withheld is within the protections afforded under that Act.

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Last Updated: 12-4-05

Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to pharter@calhouncountymi.gov