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Monday, December 23, 2024

The Bare Minimum

Everyone has heard the expression “the bare minimum,” but did you know it can be applied to child support as well? The Michigan Child Support Formula (MCSF) is updated every four years, with 2025 being the kickoff to a new manual. Changes will be discussed in later articles, but I’d like to mention this often-overlooked section.

 If you are opted into the Friend of the Court (FOC) system, you are eligible for a child support review every 36 months or sooner if circumstances change. While this list is not exhaustive, examples of changes are the birth of another child, job loss or gain, raises, incapacitation and incarceration. If you are one of the lucky ones where nothing has caused you to adjust support in three years, the FOC should contact you to inquire if you want a review; depending on the answers, one will be started.

 

The volume of support review requests received by the FOC and courts is large, and the outcomes may not be what the parties were hoping for. People often think that every raise and every overnight have a big impact on what is being paid in support. However, depending on what the change is, and how it fits into the support algorithm, it may not make a dent in the formula recommended amount.

 

2025 MCSF Section 4.05 covers the minimum threshold for modification of child support. Those “bare minimums” are 10% of the currently ordered support amount, or $50 per month, whichever is greater. So, if you’re paying $450 per month in support, and the new recommended amount is $460, the bare minimum has not been met and support will stay the same. But if support is recommended to be $125, you’ve hit the jackpot, and the threshold has been met.

 

You can agree to modify support under the threshold amount and enter a new order, but it’s very unlikely the court would grant a modification that doesn’t meet the threshold without the parties’ agreement. If the FOC child support review exceeds the minimum threshold, the FOC must request a modification of the current order.

 

If your FOC review results in a letter telling you that the recommended amount did not meet the minimum threshold, now you know what that means. You can object to the review even if the threshold amount is not met, just like you could if a modification was recommended.

 

Before you ask for a support review, use the MiChildSupport Calculator, which can be accessed online at: https://micase.state.mi.us/calculatorapp/public/welcome/load.html, to get an idea as to whether your $2 raise or health care premium increase will move the needle. Doing the bare minimum can have a lasting effect on your resources and frustration.