Written by attorney Jonathan Andrew Paul

Arrested in Wayne County - Can my spouse divorce me in Michigan and get child support?

The answer here is simple, with our without a domestic violence charge, your spouse can get child support as part of a family court custody or divorce case. Domestic violence charges will not directly impact potential child support, but it could have an indirect impact on the amount.

If charged and convicted of domestic violence, your leverage to obtain parenting time/overnights in a custody or divorce negotiation is less than it was before the incident. Your case is unlikely to be decided at a trial where the incident would be a factor in a decision, but the other parents leverage is certainly there to hold a DV case over your head. If that leverage leads to accepting less overnights of your children, the formula used in Michigan to calculate child support will tip in the other parents favor, and you will be paying more child support.

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