When a party voluntarily reduces or eliminates income and the court concludes that the party has the ability to earn an income and pay child support, it is not error to order support based on the unexercised ability to earn. "When a parent is voluntarily unemployed or underemployed or has an unexercised ability to earn, income includes the potential income that parent could earn, subject to that parent's actual ability." In evaluating whether there is an unexercised ability to earn, the following factors should be considered:
If you are sharing your kids in a court order, there will inevitably be issues. This does not mean the other parent will purposefully hurt you -- though that could, and sometimes does, happen - it means both of you are learning the ins and outs of a two-household situation and there will be differences on opinion.
The Michigan Child Support Formula is based upon the needs of the child and the actual resources of each parent. The objective is to establish, as accurately as possible, the money a parent should have available for support.
While every family -- and, therefore, every family court case -- is unique, there are certain topics we address in all of them. Some may not apply to your case (e.g, if you do not have children), but all of the topics in your case you will find with our PFL Master List:
You could be named on a list of child abusers without even going to court - the Central Registry.
During the holidays, divorce may be lingering in the back of your mind - but, if you are like most folks, it is probably not at the top of your "to do" list.