How is Child Support Determined in Michigan?
Child support is determined by a formula based largely on the income of the parties and the custody determination. Parties cannot bargain away or waive the right to child support; child support belongs to the child and a parent cannot decide s/he does not want child support. The formula is mandatory unless the parties can show there is a justifiable reason to deviate from the formula.
If the child spends more than 128 overnights with the parent that pays child support, child support may be reduced based on a calculation using the joint economic responsibility formula, which means that the support obligation will go down.
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In general, courts favor granting both parents joint legal and physical custody absent a showing that one of the parents is unfit. Merely stating that the child prefers one parent over the other or that one parent is a better parent than the other is not enough.
Child custody is the most emotional and difficult aspect of the divorce process. There are different forms of custody, including sole custody, joint custody, shared custody, primary custody, etc.