Credit for Additional Overnights With Children
When parents are going through a divorce or establishment of custody and child support is ordered it is usually based on the number of overnights each parent is expected to spend with their child. But sometimes, after child support is ordered, events happen (for example: pandemic, loss of job, serious illness, loss of housing, etc) that will force the parents to agree to change, or one parent to forego, their parenting time resulting in one of the parents having the child many more overnights than anticipated in the child support order.
The 2017 Michigan Child Support Formula Manual (MCSF) recognizes “that as parents spend more time with their children, they will contribute a greater share of the children’s expenses.” [1] The MCSF requires that Parental Time Offset (i.e. child support) be calculated on the basis of actual overnights with a parent even if that is contrary to an existing order regarding parenting time. [2] If a parent produces credible evidence that the approximate number exercised differs from the number granted by the custody or parenting time order, the Friend of the Court should assist the parent in getting credit for the number of overnights exercised according to the evidence without requiring that parent to formally petition to modify the custody or parenting time order. [3] However, MCSF does also allows a parent to seek adjustment of the child support by filing a motion to modify the order whenever a parent has the child at least 21 additional overnights or if minimum threshold for modification is met. [4]
If you are a parent in this situation and are in need of getting credit for additional overnights or need to adjust your child support to reflect the actual overnights exercised,
CONTACT STERLING LAW for a FREE phone consult:
231-486-0559 or 989-705-2326
The information in this post is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Sterling Law or the individual author nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the reader’s licensing jurisdiction.
[1] 2017 MCSF 3.03(A). [2] 2017 MCSF 3.03(C)(4). [3] 2017 MCSF 3.03(C)(4)(a). [4] 2017 MCSF 4.04(A): The “minimum threshold for modification” is 10 percent of the currently ordered support payment or $50 per month, whichever is greater.
