My husband and I are separated and are sharing custody I do not wish to seek child support but since I receive state benefits they are requiring I do so. Can they still order child support from him if he recently was laid off and he is self employed???What circumstances would make someone exempt from paying support. We have a great shared custody arrangement and I would rather keep it that way.Can they still enforce a child support order?With him not working and not collecting unemployment because he was self employed.I live in Jackson Michigan
First, in determining your husband's income the court will look to his "potential income" as apposed to his actual income. Therefore, the court will consider why your husband is not working and may impute income if it believes that he has the capacity earn an income. I'm not sure how he can be laid off if he is self-employed. Typically, if a parent is self-employed the court will average that parent's reported income from the last three tax years.
However, when applying the child support formula would lead to an unjust or inappropriate result, the court may exercise its discretion, and, on a case-by-case basis, deviate from the formula and determine a more appropriate support amount. Deviations cannot be based solely on disagreement with the policies embodied in the formula. Strict application of the formula may produce an unjust or inappropriate result in a case when any of the following situations occur:
(1) The child has special needs.
(2) The child has extraordinary educational expenses.
(3) A parent is a minor.
(4) The child’s residence income is below the threshold to qualify for public assistance, and at least one parent has sufficient income to pay additional support that will raise the child’s standard of living above the public assistance threshold.
(5) A parent has a reduction in the income available to support a child due to extraordinary levels of jointly accumulated debt.
(6) The court awards property in lieu of support for the benefit of the child (§4.03).
(7) A parent is incarcerated with minimal or no income or assets.
(8) A parent has incurred, or is likely to incur, extraordinary medical expenses for either that parent or a dependent.
(9) A parent earns an income of a magnitude not fully taken into consideration by the formula.
(10) A parent receives bonus income in varying amounts or at irregular intervals.
(11) Someone other than the parent can supply reasonable and appropriate health care coverage.
(12) A parent provides substantially all the support for a stepchild, and the stepchild’s parents earn no income and are unable to earn income.
(13) A child earns an extraordinary income.
(14) The court orders a parent to pay taxes, mortgage installments, home insurance premiums, telephone or utility bills, etc. before entry of a final judgment or order.
(15) A parent must pay significant amounts of restitution, fines, fees, or costs associated with that parent’s conviction or incarceration for a crime other than those related to failing to support children, or a crime against a child in the current case or that child’s sibling, other parent, or custodian.
(16) A parent makes payments to a bankruptcy plan or has debt discharged, when either significantly impacts the monies that parent has available to pay support.
(17) A parent provides a substantial amount of a child’s day-time care and directly contributes toward a significantly greater share of the child’s costs than those reflected by the overnights used to calculate the offset for parental time.
(18) Any other factor the court deems relevant to the best interests of a child.
DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of your particular situation. No attorney-client relationship has been established based on this limited communication. You are advised to consult with an attorney in your jurisdiction before taking any action or inaction that may affect your legal rights. www.hecklerlawoffice.com
