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Child Related Matters

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Eisenberg & Spilman, PLLC Attorneys Eisenberg & Spilman, PLLC Attorneys Eisenberg & Spilman, PLLC Eisenberg & Spilman, PLLC Attorneys Eisenberg & Spilman, PLLC
Home | Child Related Matters

Child Related Matters

When families are in the process of separating or divorcing, child-related matters often take center stage. As family dynamics change over time, it may become important to make changes to support payments and modify child-related agreements. Dealing with these issues can be challenging and, oftentimes, emotionally demanding. Whether it’s a change in income, increased childcare needs, or modifications to custody and parenting time schedules, the need and desire to do what’s best for your family is overwhelming.

At Eisenberg & Spilman, PLLC, we know how quickly and drastically family situations can evolve and we aim to handle these transitions smoothly, making sure that your child’s best interests are always the top priority. Our legal team will work to find the best solution for your family’s future. Call us today at 248-358-8880 for a consultation.

Types of Custody

There are two main types of child custody: legal custody and physical custody. Each of these can be either sole or joint, depending on the circumstances. There is much to consider with each custody type:

  • Legal Custody – Legal custody involves the authority to make major decisions about the child’s life, including their education, religious practices, and healthcare. In joint legal custody agreements, both parents share the responsibility for making these decisions. They should communicate and collaborate to agree on what is best for their child. Sole legal custody agreements allow only one parent to have the decision-making authority on these issues.
  • Physical Custody – Physical custody determines where the child will live and which parent will handle day-to-date care of the child. Joint physical custody typically involves the child spending significant time living with both parents, but usually not exactly equal time, as the arrangement depends on what’s practical and in the child’s best interests. Sole physical custody involves the child living primarily with one parent, while the other parent may have parenting time and visitation rights.

 

Child Support in Michigan

Child support is an essential aspect of keeping a child’s life financially stable. There are key considerations to keep in mind about child support, especially when looking to craft an agreement, including:

  • Legal Obligation – Generally, the non-custodial parent, or parent who spends less time with the child, pays child support to the custodial parent to cover the child’s essential needs, such as food, housing, clothing, education, and medical care.
  • Health Insurance and Medical Costs – Michigan courts may require one or both parents to provide health insurance for the child if it’s available at a reasonable cost. Parents typically share costs not covered by insurance, like co-pays or out-of-pocket expenses.
  • Duration of Child Support – Child support generally continues until the child turns 18 years old or, if the child is still in high school at 18, support may continue until they turn 19.5 years old or graduate, whichever comes first. A special needs child may require support obligations beyond the usual timeframe, depending on the circumstances.
  • Tax Considerations – Child support payments are not tax-deductible for the paying parent, and the receiving parent does not count child support as taxable income. Parents may need to address who can claim the child as a dependent on their taxes.
  • Enforcement of Child Support Agreements – If a parent fails to pay child support, there are legal mechanisms to enforce the order including garnishing wages, intercepting tax refunds, suspending the parent’s driver’s license, and finding the parent in contempt of court, potentially leading to costly fines.

 

Calculating Child Support

Calculating child support involves balancing the child’s financial needs with the combined income of both parents and their ability to provide for their child. There are various steps and factors to consider when it comes to determining child support amounts, including:

  • Determining Gross Income for Each Parent – These calculations include wages, salaries, bonuses, self-employment incomes, Social Security benefits, unemployment benefits, rental income, dividends, and income from business ownership. Common deductions include state, federal, and local taxes, mandatory requirement contributions, mandatory union dues, and pre-existing child support or alimony obligations for other children or ex-spouses.
  • Accounting for the Child’s Needs – This includes necessary expenses for the child’s care, which includes premiums for medical, dental, and vision insurance and other healthcare costs, childcare costs related to daycare or babysitters, and educational needs like school supplies, tuition, and various costs.
  • Considering Parenting Time – These factors include the number of overnights each parent spends with the child as the parent with more overnights, usually the custodial parent, typically receives the support while the other parent pays.

 

Understanding Parenting Time

Parenting time, formerly called visitation, is the right of the non-custodial parent to spend time with their child after a separation or divorce. A parenting time schedule ensures that the child maintains a strong relationship with both of their parents, as long as that’s in the child’s best interest. There are a few factors to consider with parenting time, including:

  • Type of Parenting Time – There are different types of parenting time, including scheduled parenting time, supervised parenting time, and unsupervised parenting time. Parents decide which type is best based on the custody arrangement and the needs of the child. Scheduled parenting time involves regular schedules for the non-custodial parent to see their child. Supervised parenting time involves a third party, like a relative or social worker, who observes the visit if the non-custodial parent poses a risk to the child. Unsupervised parenting time allows the non-custodial parent to visit their child without supervision or external oversight.
  • Factors Affecting Scheduling – A thorough parenting time schedule considers several key elements of a parental visit, including visit frequency, duration, location, and transportation. It’s also important to consider how special dates like birthdays, holidays, or significant events for the child get divided.
  • Best Interest of the Child – Parenting time decisions highlight the best interest of the child and weigh various factors such as the child’s age, their relationship with each parent, the child’s safety, impact of parenting time on the child’s well-being, and any history of abuse or neglect.
  • Visitation Rights of Non-Parents – In some cases, grandparents or other family members may seek visitation rights, especially if they’ve been an important part of the child’s life.

 

How to Modify an Existing Agreement

Changes in lifestyle for the parent paying child support can affect the agreement, and significant changes may require modifying the existing agreement to more accurately reflect the best interests of the child and changes in circumstances.

Common reasons to modify a child support agreement include:

  • Income Change – A drastic change in a parent’s income due to job loss, raise, promotion, or reduction affects the amount they’re required to pay. Changing the amount of child support owed helps the custodial parent maintain care for the child while realistically considering both parents’ current financial circumstances.
  • Childcare Adjustments – Changes in the child’s medical or educational needs may require additional support to cover the increased costs. Adjusting child support for these changing needs prioritizes the child’s health and well-being.
  • Custody or Parenting Time Changes – Adjustment to custody or time-sharing arrangements can affect the amount of support required. Making documented changes to custody or parenting time arrangement ensures that both parents fairly contribute to the child’s upbringing based on the new time-sharing or custodial circumstances.

 

Contact a Family Lawyer Serving Oakland County Today

At Eisenberg & Spilman, PLLC, your family’s future is our priority. We are proud to be an all-female firm that prioritizes fairness and transparency in every aspect of our practice, including our billing. With two proud members of the American Academy of Matrimonial Lawyers, you can feel confident we have the experience and knowledge to guide you through every family law issue, including all child-related matters.

Reach out today for a consultation, and let us help you move forward with confidence, knowing your family’s future is in trusted hands.

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