For example, say a situation where the payer`s mother suffers injuries in a car accident that make her unable to work. Section 4.02 gives her the opportunity to apply for a provisional adjustment to her support obligation, including the establishment of a zero support obligation, while she is unable to work under paragraph 4.02(B), while the court may defer a final decision until the period of her incapacity for work can be more precisely defined in paragraph 4.02(D), both temporally and financially. Moreover, in this scenario, the court could also consider circumstances such as. B, a subsequent government decision on the disability or reinstatement of a legal dispute, which sometimes arises several years later, or if the degree of disability is significant enough to warrant a change in parenting schedule. The key to section 4.02 is the prompt submission of a request to change the support obligation. [pdf-embedder url=”www.thedivorceguy.com/wordpress/wp-content/uploads/2017MCSF.pdf”] One of the planned changes that affects all family law cases involving minor children is the increase in the normal medical amount from $403 per child to $454 per child for all support orders received on or after January 1, 2021. In its regular four-year plan, the State Court Administrator`s Office has released an updated Michigan Child Support Formula and Supplement Manual and Supplement effective January 1, 2021. This report briefly discusses some of the key changes to the 2017 Manual and Supplement. Page ii of the manual summarizes in more detail the most significant changes from 2017 to 2021. The Michigan Child Support Formula Supplement provides additional information on how to calculate child support in Michigan. You can view the supplement to the 2017 Michigan Child Support Formula Manual here: One of the main goals of the new section is to provide flexibility to the parties, the friend of the court, and the court in situations where the duration of the incapacity for work may be uncertain. Disability is defined as disability, mental incompetence, serious injury, debilitating illness or incarceration.
Given that CML 552.603 generally prohibits retroactive changes to child support and that the length of a period of incapacity may be unknown for some time, section 4.02 provides a framework for a payer to notify the disability early and a way for the Court to take a flexible approach to considering necessary changes to child support. The last time the Michigan Child Support Formula Manual was updated was in 2013. The most significant changes to the 2017 Michigan Child Support Formula Manual are listed on pages “i” and “ii” and are reproduced below. You can view the Michigan Child Support Formula Manual here: The Relationship Between Custody and Child Benefit in Michigan An important addition to the manual and supplement is the new “Parents with Disabilities” section, which is found in section 4.02 of the MCSF 2021 and takes into account the circumstances in which a parent is temporarily or permanently unable to: earn income for a period of time that is likely to last at least 180 days. This section treats incarceration as a form of inability to pay child benefits, which resulted in the deletion of paragraph 1.04(E), which previously dealt with incarceration by a support gap factor. The Michigan Child Support Formula Manual 2017 went into effect on January 1, 2017. You can check if you are using the latest Michigan Child Support Formula Manual by visiting the Official Michigan Child Support Formula Manual website. As mentioned in a previous blog post, the most significant changes to the Michigan Child Support Formula Manual are as follows: Practitioners should carefully review the provisions of Section 4.02.
It offers great flexibility in a system that is often seen as rigid and can be particularly timely as the COVID-19 pandemic continues to affect many people. The new Michigan Child Support Formula Manual is here. Alternatives to divorce in Michigan and legal separation. .