Even with the expansion of federal law in recent years, there are still many areas of the law where state law is primary. Family law is one of those areas.
And, not surprisingly, state laws on divorce and family law can have significant differences.
Oakland County child custody lawyers know, for example, that Illinois and Michigan have quite different child support laws.
When calculating the amount of child support, most states factor the amount of parenting time a non-custodial (or non-residential) parent has with the child.
Michigan follows that general rule. This means that in Michigan, child support is not based only on the non-residential parent’s income. It is also based, in part, on how many overnights the non-residential parent has with the child.
In Illinois, however, child support is calculated differently. Child Support is based solely on the income of the non-residential parent. That parent pays a fixed, specified percentage, no matter how much time he or she has with the child.
In some cases, the type of calculation used to determine support can make a big difference in the amount of support that is awarded. In Michigan and other states that take account of parenting time in determining support, a non-residential parent who spends a lot of time with the child could end up paying a lot less than such a parent would in Illinois.
This is only one example of how states can differ in their divorce laws. There are many other ways states can differ, on issues that include property division, inheritance rights and so on.
Source: “How States Differ on Divorce Laws,” Cindy Vanegas, Fox Business, 5-7-12