By Marie E. Matyjaszek
Thanks in part to the pandemic and employment changes, child support is a hot topic in the courts right now.
When I came back to work after the 2020 shutdown, I was overwhelmed by the number of new pleadings requesting a change in child support, and it really hasn’t slowed down. Businesses are short staffed and hiring signs are everywhere – I even got an application in my kids’ Happy Meals the other day (due to child labor laws, they won’t be able to apply, and will continue to live rent free).
Along with employment changes comes the misconception from parties that their income will be put at zero for child support calculations if they aren’t working. While this can be true in some cases, many people have the ability to work and the Michigan Child Support Formula (MCSF) Manual takes this into account. Imputation is used in many cases where someone is unemployed, but not prevented from working.
The court can use unemployment benefits as a person’s source of income for purposes of calculating child support. However, if those have run out, and the individual is still unemployed, the courts can assign them potential income – income that the courts believe he or she could be earning.
The MCSF sets forth factors to be considered when imputing an individual, and imputing a second job when a person already works 35-plus hours a week is inappropriate, as well as imputing overtime. Imputation also can be used when a person is “underemployed,” or voluntarily reduces his or her income. If a person quits his or her job to avoid paying child support, the court can (and likely will) assign them potential income.
Among other factors, the formula considers the imputed person’s education, disabilities, access to transportation and criminal history. Even if there are some concerns with the factors, it doesn’t completely rule out assigning potential income – it will just be adjusted and take into account any issues the person has. If income is imputed, potential daycare costs (for the child in the case) may be included in the calculations.
Since many employers are now paying more than minimum wage, with options for same day pay and bonuses, it’s becoming more difficult for individuals to argue they can’t find employment. While imputation isn’t perfect, it is helpful in ensuring child support is properly charged, thereby motivating individuals to gain employment or keep their current job.
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The author is an Attorney Referee at the Washtenaw County Friend of the Court; however, the views expressed here are her own. Email her at matyjasz@hotmail.com.
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