I work with many couples who like to think creatively when it comes to child support. I often get asked if parents can “waive” child support or set child support to $0.00 and make their own arrangements outside of Court/Friend of the Court. The answer is, “it depends.” (A lawyer favorite!)
The State of MI does have Child Support Guidelines which must be calculated in every family law case involving minor children. However, once those guidelines are calculated, most parents have the option of deviating up or down from the guidelines. Why most but not all? In order to deviate from the guidelines, neither parent can be receiving any public assistance/state aid (e.g. food stamps, unemployment benefits, Medicaid for the children). If neither parent is receiving public assistance, then more options might be available to them.
Sometimes the child support guidelines don’t suit the family’s needs. Some examples: (1) the parents earn a very similar income, they share 50/50 parenting time, and the child support award is minimal, e.g. $50 or less per month and the parents would like to waive down to $0; (2) the parents would like to utilize a joint bank account for children’s expenses and make contributions directly to that bank account each month vs. a more traditional, monthly child support payment; (3) the parents have agreed to a list of categories/expenses to share pro rata income instead of a traditional, monthly child support payment, which more accurately reflects the family’s costs and needs; (4) one of the parent’s owns a business and income is not as black and white as a W2 employee, so the parents want to be more creative with how they structure support payments.
In addition to deviating from the child support guidelines, parents can decide whether they’d like to Opt Out of Friend of the Court services and just handle support directly vs. through Friend of the Court. Again, neither parent can be receiving any public assistance and the parents must be able to trust one another to make timely & accurate payments. Once parents opt out of Friend of the Court, they can always opt back in at a future date, should it be necessary. Both parents will be required to review & sign an “Advice of Rights” form acknowledging their right to use Friend of the Court but the voluntary agreement to opt out.
If you have a unique scenario and feel that you might qualify for a child support deviation, it’s important to discuss all of the options with your attorney. There are extra forms required by the Court to explain the deviation and to get it approved. However, this happens in many amicable cases when the family can work together to create an arrangement that works best for them. Please do not hesitate to reach out and schedule a consultation to discuss your specific circumstances and process options.
(734) 531-8554 or jessica@mifamilylawfirm.com
-JH