FAQ: Can We Agree Not to Follow the Child Support Guidelines?

FAQ: Can we agree to an amount of child support that is different than the amount calculated by the Michigan Child Support Formula? 

ANSWER:  Typically, yes.  Pursuant to MCSF 1.04, when applying the Michigan Child Support Formula would lead to an unjust or inappropriate result, the Court may Order a deviation from the formula. Pursuant to MCL 552.605, the Court must set forth in writing or on the record all of following:

a)    The child support amount determined by application of the child support formula.

b)    How the child support order deviates from the child support formula.

c)    The value of property or other support awarded instead of the payment of child support, if applicable.

d)    The reasons why application of the child support formula would be unjust or inappropriate in the case.

Michigan now has a court form called a Deviation Addendum that encompasses the requirements above.  A Child Support Deviation Addendum must be completed by the parties and filed along with the Uniform Child Support Order, if both parties have agreed to deviate from the Michigan Child Support Formula.  Additionally, the Judge has the discretion to deviate from the formula when the Judge determines that an unjust or inappropriate result will occur.  A list of 20 Deviation factors can be found in the Michigan Child Support Formula Manual, MCSF 1.04(E). 

While in our experience the courts often grant parents wide discretion in creating child support arrangements which work for them, there are some important exceptions.  For example, in some cases the parents will agree to have child support set at zero.  While that often is a possibility, if the payee and/or the child/ren are receiving public assistance, the Court will not allow child support to be set at zero. It is important to note that child support is considered a right of the child and you cannot permanently enter into an agreement for support to be  set at zero until the child emancipates. The court has the right to modify support based on a change in circumstances presented to the court by a parent.

As always, if you are considering an agreement which deviates from the Michigan Child Support Formula, we recommend seeking the advice of an experienced family law attorney to prepare any Child Support Order which deviates from the Guidelines.

PLEASE NOTE: This blog is not intended to constitute legal, financial or tax advice.  We do not recommend making important decisions of the type addressed in this article without specific legal or professional financial advice in advance.  We at Banfield Couling Law and Mediation PLLC are here to help navigate your legal matter at any stage of your divorce.