A child has an inherent right to the support of his or her natural or adoptive parents. Parents may not bargain away a child's right to adequate support. And the parties may not usurp the court's statutory authority by agreeing to limit the amount of support by restricting future modifications of support.
All child support must be calculated in accordance with the Michigan Child Support Formula (“MCSF”). The MCSF is based on, among other factors, the parties' incomes and the number of projected annual overnights each party spends with child(ren). The court must order support in the amount determined by the MCSF unless the court finds that application of the formula would be unjust or inappropriate.
Thus, if a party’s circumstances have changed significantly since the entry of the last court order (e.g., job loss or underemployment) s/he may be entitled to a reduction in the amount of support.
On the other hand, if the MCSF as applied to your present situation is oppressive, the court may deviate from the MCSF and grant you a reduction. You must file a motion with the friend of the court in order to secure a reduction or a payment plan respecting child support arrears.
If you want to know how much child support is likely to awarded, give us a call.
© 2012 by Law Offices RL Johnson PLLC
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