Brooklyn, NY asked in Contracts, Family Law, Child Support and Collections for Michigan

Q: When it is the state that is in court as the plaintiff how can that case be tried as not to be impartial to the state

How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract

2 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
  • Collections Lawyer
  • Jacksonville, FL

A: Apparently, you are a New York resident who has an open child support case in Michigan and appeared in a Michigan court. I assume the State of Michigan was the complaining party. Under the child support laws of all 50 states, as required by federal law, each state has a state agency to collect and enforce child support payments.

Your question makes no sense.

Brent T. Geers agrees with this answer

Brent T. Geers
Brent T. Geers
  • Grand Rapids, MI
  • Licensed in Michigan

A: If it's child support that the state is trying to collect from you, your "consent" is not required. By being the legal father to a child in Michigan who either has or is receiving state assistance, you are on the hook for child support. Simply put: the child's right to the financial support of both parents trumps your consent.

As Mr. Kaufman explains, similar child support laws exist in all 50 states as required by federal law and supported by the U.S. Constitution.

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