**prettyinpearls** or anyone else from MI

Spooners

I need some questions answered regarding the laws here in MI. 

When it comes to child support, is it calculated based on how many days the fathers sees them? Or is it by how many overnights they have? 

Also, if he happened to assist me with some rent, gas, phone for a few weeks after I leave, would that be subtracted out of child support?  Or would it be considered a gift?

Also, he's claiming that the kids would be better off with him because he can support them. Because I have no job and no income which also means to money, he'd be able to support them better than I would. Would a court agree with him, here in MI?

 

Thanks.  

sep123

I think prettyinpearls is more of an expert, but I'll let you know what I've discovered.  The child support is based on the number of OVERNIGHTS.  My STBXH figured this out and tried to up the overnights drastically and didn't want the "nights" with DD (like from 5-8, etc).  I saw right through that! 

 The help with rent is a gift IMO.  CS is legal and set by the court.  And extra he gives you is just that - extra. 

 I have found that Michigan courts side with the mother or the main caretaker.  That's what CS and alimony are for - are you filing for alimony too since he's obviously been the breadwinner?  He will be required to financially support them whether he has them or not, so courts will not decide custody based on that. 

 If you won't already, make sure you have a lawyer.  Invaluable when children are invovled.  Good luck!  And...where are you from in Michigan?  Grand Rapids area here...

Spooners

Sadly, we're not married so alimony is out of the question. 

Thanks for the advice on the CS though.

I am also from the GR area, Kentwood to be exact. Grew up in Forest Hills. 

PrettyInPearls23

Spooners:

I need some questions answered regarding the laws here in MI. 

When it comes to child support, is it calculated based on how many days the fathers sees them? Or is it by how many overnights they have? 

Also, if he happened to assist me with some rent, gas, phone for a few weeks after I leave, would that be subtracted out of child support?  Or would it be considered a gift?

Also, he's claiming that the kids would be better off with him because he can support them. Because I have no job and no income which also means to money, he'd be able to support them better than I would. Would a court agree with him, here in MI?

 

Thanks.  

CS is calculated based on how many overnights the non-custodial parent has, not how many days of visitation. Every three years there is a court-initiated CS review, to discuss if overnights have changed (i.e. if you've been letting the X take LO for more overnights than stated in the papers) and to review the income of both parties. This is why it's always a good idea to keep documentation of the visitation your X has with LO. My XH already has 10 overnights (of 63) that he's declined this year. He chose not to utilize the 2 non-consecutive weeks of summer vacation he was awarded in the papers. The courts in Michigan don't care how many overnights the non-custodial parent has been awarded -- they care about how many overnights have been UTILIZED when it comes to calculating child support.

 

The money he's giving you to help you out with gas, rent, etc. will be considered a gift. The FOC doesn't care if your X is giving you money on the side -- if it's not being paid through the state, it's not considered contributing towards court ordered child support.

 

As far as your X being seen as the more "fit" parent goes....that's kind of a tough one since every situation is different. In your case, you're a SAHM, correct? That means you are the children's primary caregiver. No court or judge would take your children away from you as the primary caregiver, simply because your X has a job and income. As long as you're trying to take the steps to obtain employment or have a source of income, the courts will not look down on you for being unemployed.

 

Have you discussed any kind of parenting plan with your X at all? Many counties have their "guidelines" for parenting plans, based on the child's age, published on their FOC website.

 

Feel free to PM me if you have any questions about how the courts in MI work! Just page me and let me know I have PM though