Child Support - May parties stipulate to a support order which does
not comply with the Michigan Child Support Formula?
Question
I'm wondering if child support must conform to the Michigan Child Support
Formula? My ex-wife is trying to move out of the state with my son.
I'm not trying to stop her, but I've told her I will not sign the change
of domicile until some of my demands are met. One of those was that I would
like my child support to be lowered by $100 a month. She has told
me "no" and that her lawyer said that was not legal. If both parties
agree on the change, can the support formula be ignored?
Answer
The Court must follow the Michigan Child Support Formula in setting support
unless it determines that deviation is appropriate and that setting support
pursuant to the formula would be unjust or inappropriate. If the
court determines that her move out of state causes more expense to you
in exercising parenting time, that may be cause to deviate from the formula.
Any reason for deviating must be placed on the record and (in Calhoun County)
outlined in the resulting order.
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Last Updated: 12-28-07
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