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April 5th, 2014

How is Child Support Determined in Michigan?

child support lawyerChild 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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April 5th, 2014

What is the Difference Between Joint and Sole Custody?

child custody lawyerIn 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.

Joint custody may be joint legal custody and/or joint physical custody. Joint legal custody is routinely awarded to both parties and refers to both parents’ right and obligation to make decisions about their child(ren)’s upbringing, including schooling, medical care and religious upbringing. The parents must work with one another and consult with one another about these types of decisions. If the parties cannot agree and work together, the parties may file a motion with the court to decide. Neither, however, can make a decision on their own without the consent of the other party.

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April 5th, 2014

How Can I Get Custody of my Child?

child custody attorneyChild 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.

There are two prongs of custody: Physical and Legal. Physical custody pertains to where the child resides. Legal custody pertains to the parent’s right and obligation to make decisions for his/her child, such as medical care, schooling, religious upbringing, and all other legal decisions.

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