WILLIAM DONALD SCHAEFER, Governor                        Ch. 2

(II) IF A PARENT IS SELF-EMPLOYED OR HAS

RECEIVED AN INCREASE OR DECREASE IN INCOME OF 10% OR MORE IN A
1-YEAR PERIOD WITHIN THE PAST 3 YEARS, THE COURT MAY REQUIRE THAT
PARENT TO PROVIDE COPIES OF FEDERAL TAX RETURNS FOR THE 5 MOST
RECENT YEARS.------------------------------------------------------

12-204.

(A) (1) IF THE COURT DECIDES TO USE THE CHILD SUPPORT
GUIDELINES UNDER THIS SUBTITLE, THE BASIC CHILD SUPPORT
OBLIGATION SHALL BE DETERMINED IN ACCORDANCE WITH THE SCHEDULE OF
BASIC CHILD SUPPORT OBLIGATIONS IN SUBSECTION (E) OF THIS
SECTION. THE BASIC CHILD SUPPORT OBLIGATION SHALL BE DIVIDED
BETWEEN THE PARENTS IN PROPORTION TO THEIR ADJUSTED GROSS ACTUAL
INCOMES.

(2) (I) IF ONE OR BOTH PARENTS HAVE MADE A REQUEST
FOR ALIMONY OR MAINTENANCE IN THE PROCEEDING IN MICH A CHILD
SUPPORT AWARD IS SOUGHT, THE COURT SHALL DECIDE THE ISSUE AND
AMOUNT OF ALIMONY OR MAINTENANCE BEFORE DETERMINING THE CHILD
SUPPORT OBLIGATION UNDER THESE GUIDELINES.------------------------

(II) IF THE COURT AWARDS ALIMONY OR

MAINTENANCE, THE AMOUNT OF ALIMONY OR MAINTENANCE AWARDED SHALL
BE CONSIDERED ACTUAL INCOME FOR THE RECIPIENT OF THE ALIMONY OR
MAINTENANCE AND SHALL BE SUBTRACTED FROM THE INCOME OF THE PAYOR
OF THE ALIMONY OR MAINTENANCE UNDER § 12-201(D)(2) OF THIS
SUBTITLE BEFORE THE COURT DETERMINES THE AMOUNT OF A CHILD
SUPPORT AWARD.-----------------------------------------------------

(B)  (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, IF A PARENT IS VOLUNTARILY UNEMPLOYED OR
UNDEREMPLOYED IMPOVERISHED, CHILD SUPPORT SHALL MAY BE CALCULATED
BASED ON A DETERMINATION OF POTENTIAL INCOME.

(2) A DETERMINATION OF POTENTIAL INCOME MAY NOT BE
MADE FOR A PARENT WHO:

(I)   IS UNABLE TO WORK BECAUSE OF A PHYSICAL OR
MENTAL DISABILITY; OR

(II)  IS CARING FOR A CHILD UNDER THE AGE OF 2
YEARS FOR WHOM THE PARENTS ARE JOINTLY AND SEVERALLY RESPONSIBLE.

(C)   IF A COMBINED GROSS ADJUSTED ACTUAL INCOME AMOUNT FALLS
BETWEEN AMOUNTS SHOWN IN THE SCHEDULE, THE BASIC CHILD SUPPORT
AMOUNT SHALL BE EXTRAPOLATED TO THE NEXT HIGHER AMOUNT.

(D)  IF THE COMBINED ADJUSTED GROSS ADJUSTED ACTUAL INCOME
EXCEEDS THE HIGHEST LEVEL SPECIFIED IN THE SCHEDULE IN SUBSECTION
(E) OF THIS SECTION, THE COURT MAY USE ITS DISCRETION IN SETTING
THE AMOUNT OF CHILD SUPPORT.

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