Question:
My child support was modified and reduced by a substantial amount a couple months ago to reflect a change in my state’s law.
Yet I recently received another income withholding order for the original child support amount, not the recently modified amount.
What can I do to ensure my wage garnishment matches the updated child support order?
Answer:
In Michigan, child support is calculated using the Michigan Child Support Formula. The formula calculates child support based primarily on each parties income and the number of overnight visits the party has with the child or children.
After support is calculated a Uniform Child Support Order is created and signed by the judge. The Order is then given to the Friend of the Court and the Michigan State Disbursement Unit (MiSDU). MiSDU withholds income in the support amount, and issues payment to the nonpaying party.
MiSDU was established to be a central child support collection unit. Because MiSDU bears the burden of collecting and distributing child support for the entire state, they occasionally fall behind.
It is common for a new income withholding order to take four to six weeks to be recognized and implemented. If extra funds are withheld due to this lapse in time, the payer will receive a credit for these funds from the Friend of the Court. The Friend of the Court keeps an accounting record of all funds received and paid, and will credit the payer accordingly.
In the meantime, your husband should contact the Friend of the Court and notify them that a new order has been entered and request that it be given immediate effect. The Friend of the Court will be able to advise him on the steps needed to help ensure additional extra payments are not withheld.
Although I practice law in Michigan, I cannot give you legal advice without thoroughly reviewing your case. Do not rely on this information as establishing an attorney-client relationship. Contact an attorney immediately for assistance. Cordell & Cordell does represent men in divorce in Michigan.
Jill A. Duffy is an Associate Attorney in the Troy, Mich., office of Cordell & Cordell. She is licensed to practice in the state of Michigan. Ms. Duffy received her BA in Psychology and Spanish and graduated Magna Cum Laude from Oakland University. She received her Juris Doctor from Michigan State University College of Law and graduated Magna Cum Laude.
