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December 23, 2003
2003-22
Michigan Child Support Formula Manual
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Federal law requires that, at least once every four years, a state must review
its child support guidelines and make any necessary revisions. 42 USC 667 and
45 CFR 302.56. The Michigan Friend of the Court Act, MCL 552.501
[et] [seq]., refers to the Michigan guidelines as the "formula."
The Act assigns the formula-review task to the Friend of the Court Bureau within
the State Court Administrative Office. The Bureau is to act "under the
supervision and direction of the supreme court." MCL 552.519(1) and (3)(a)(vi).
As part of the current federally mandated review, the Friend of the Court
Bureau recommended several substantive changes to the Michigan Child Support
Formula Manual. This Court instructed the Bureau to publish those
recommendations and invite written comments. That was done. This Court also
heard from several speakers at a public hearing held on June 19, 2003.
Notice of the proposed formula changes and an opportunity for comment in
writing and at a public hearing having been provided, and consideration having
been given to the comments received, we are persuaded that, pursuant to
MCL 552.519(3)(a)(vi), the Friend of the Court Bureau should adopt those
proposed substantive revisions that are related to (1) determining medical support
and health care coverage obligations, (2) setting child support before determining
spousal support, and (3) deviating from the formula.
We are not persuaded that any other substantive revisions of the formula
should be made at this time.
On order of the Court, the State Court Administrative Office shall publish
the revised Michigan Child Support Formula Manual as soon as is practicable, to
take effect October 1, 2004.