Child Support and Paternity Information
The Prosecutor’s Office, Child Support Division, establishes paternity and/or child support for families in Newaygo County. The Prosecutor’s Office represents the State of Michigan in these matters and not any particular individual party.
We assist families who receive public assistance and/or those who request our services through the State of Michigan by filling out an IV-D Child Support Services Application/Referral (DHS 1201 form). This form can be obtained from your local Department of Human Services office, Prosecuting Attorney’s office and the State of Michigan website.
A paternity action is filed to determine whether or not the person named as the alleged father is or is not the biological father of the minor child(ren). If the alleged father is found to be the biological father an Order of Filiation is entered and/or an Affidavit of Parentage is signed. The Order of Filiation also addresses custody (sole physical to the custodial parent and joint legal to both parents) and child support.
Child Support Case
A child support action is filed between legal parents to obtain a court order requiring the absent parent to pay child support for the minor child(ren). An absent parent is defined as any parent who does not reside in the home with the minor child(ren). Parties are considered legal parents when a child is born during the marriage, within 10 months of a divorce or paternity has already been established by the signing of an Affidavit of Parentage or a court order.
A child support action may also be filed for a third party custodian against one or both absent parent(s). A third party custodian is a person who has physical care, guardianship and/or custody of the minor child(ren).
When the absent parent lives in another state or leaves the State Of Michigan their obligation to support the minor child(ren) does not end. The Prosecuting Attorney’s Office would file an interstate action to establish paternity and/or child support with the state the absent parent lives in.
In any paternity action filed by the Prosecuting Attorney’s Office genetic testing is available upon request of either party. The sample collection is completed by buccal swab. Collections are done at our office or another facility associated with our testing company, DNA Diagnostics Center, depending on the location of the parties.
Genetic Testing if a Legal Father Exists
If a legal father exists the Prosecutor’s office cannot provide genetic testing under the IV-D contract. The legal parents may consult a private attorney and/or schedule their own genetic testing through a laboratory qualified to do genetic testing at his/her own expense.
Calculation of Child Support
Child support is calculated using the Michigan Child Support Formula. Both parties’ gross incomes are used in the calculation of child support. Day care expense is a part of the calculation as well as medical coverage for the minor child(ren).
In an Interstate case the state where the absent parent resides (responding state) enters an order in the court granting the relief requested pursuant to the Uniform Interstate Family Support Act. The responding state uses their child support formula to establish the absent parent’s child support obligation.
An Order of Filiation and/or Order for Support specifically set forth the absent parent’s child support obligation including any day care expenses, medical coverage reimbursement, reimbursement of any birth expenses paid by the State Of Michigan (if applicable), provision for income withholding and notification to the Newaygo County Friend of the Court of any address and/or employment change as specified by the statute.
Addressing Custody and/or Parenting Time
The Prosecutor’s Office does not represent either party in the resolution of custody and/or parenting time. The Prosecutor’s Office will only put consent agreements in their orders. If the parties disagree on custody and/or parenting time they may consult a private attorney to assist in resolving these issues.