Here are some of the most common questions, and some helpful information to guide you along the way. Remember, your particular legal issue is unique, and requires consultation with any attorney before proceeding. Use these responses as a starting point before hiring an attorney.
- How do I go about getting an order for paternity and getting child support? In paternity cases in Wayne County, the parties have an opportunity to have a genetic test. If the paternity is established with this DNA test, child support numbers can be established using the Michigan Child Support Formula. The Michigan Child Support Formula uses both parties’ income in the child support calculation. If the case case is for a Michigan divorce or custody issue, Michigan child support can be established with Ex-Parte orders or by filing a motion with the Wayne County Clerks's Office. The two parties may also come to an agreement regarding Michigan child support that may use the Michigan Child Support Formula or deviate to a higher or lower number.
- So can you clarify, does the Wayne County Friend of the Court have to use the child support formula? Yes, the Wayne County Friend of the Court or the judge will use the formula unless there is a reason for the deviation such as the number is "unjust or inappropriate". Any reason for deviation must be stated on the record in Court.
- So when does child support start in Wayne County? Michigan child support in Wayne County is effective on the commencement date stated in the court order. There may also be child support arrears that will be owed to the payee.
- So if my child turns 18, can I still get child support in Michigan? In Michigan, child support may continue past age 18 only if certain conditions are met. You must notify the Wayne County Friend of the Court with written documentation that your child will continue to be enrolled a full-time student past his/her 18th birthday.
- My kid is now 18 and not in high school, why am I still paying child support in Wayne County? You might still owe arrearages, which do not stop because the child reaches majority. You will have to keep paying until you no longer have a Michigan child support obligation.
- What if the other parent isn't letting me see my kid, do I need to keep paying child support in Michigan?
Yes. Michigan parenting time and support are separate parts of a court order. Each has enforcement
procedures to be used when that part of the order is disobeyed.
- What if the other parent isn't paying child support to me? What can I do? You should contact the Wayne County Friend of the Court if the amount owed is more than a month's payment. You should contact an attorney who can help you with an enforcement action.
- Can I pay my Michigan child support directly? No, not unless your court order is modified to allow direct payment. If you fail to pay through the MISDU, the designated agency, you will not receive credit for the payment.
- Can I change my Michigan child support? Yes, in Michigan you can request a child support modification every 36 months or when there is a change in circumstances such as employment and income changes. You will need to file a motion with the Wayne County Clerk's Office to change the support order.