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It may be surprising to some that parental child support obligations can depend on the definition of the term ‘custodial parent.’ In an appellate case from another state, a panel of judges ruled four-to-one that a father who was the custodial parent more than 50 percent of the time did not have to pay child support to the mother despite his net worth totaling in the millions. In Michigan, it’s not certain that the precise holding would be duplicated but it raises generally applicable principles that are worth discussing.
The important issue here is the court’s refusal to order the wealthy father to take care of the impoverished mother because she was no longer the custodial parent. The state’s support statute mandates that child support is paid to a custodial parent only. The definition of ‘custodial parent’ is generally recognized to be that parent who has over 50 percent of custodial time with the child.
The case was decided by a New York appellate court, but there are similarly-worded child support statutes nationwide. Because the parents here were never married, the mother also cannot make a claim for spousal support, alimony or property division. In prior years, the mother had exercised primary custody under an arrangement with the father. In 2009, she filed to formalize primary legal custody and for a child support award.
That prompted the father to also ask for primary legal custody. In 2011, the trial court gave the father primary custody during the school year and the mother primary custody during the summer. The lower court nonetheless continued the father’s child support to the mother due to the disparity of incomes and pursuant to what it called ‘parallel legal custody.’
The appellate court reversed and held that the father owed no child support because he had custody of the child for approximately 56 percent of the time. In Michigan, a child support dispute can similarly raise complex legal issues or involve numerous calculations based on various factors. A parent can be well-prepared and best protected by seeking professional guidance through this difficult and sometimes frustrating process.
Source: Thompson Reuters News & Insight, “Millionaire parent doesn’t have to pay child support: appeals court,” Jessica Dye, April 18, 2013