Ask a Question

Get free answers to your Child Support legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Michigan Child Support Questions & Answers
0 Answers | Asked in Legal Malpractice and Child Support for Michigan on
Q: Can I sue my lawyer for increasing child support due to delayed filing?

I want to know if I can sue my lawyer because due to his failure to file a motion within 21 days, I ended up having to pay $700 in child support instead of the $400 that was initially offered by the opposing lawyer. It also cost me significant time, therapy, and nearly my job. I have discussed this... View More

0 Answers | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: Concern about child support review impact on custody in MI

I informed my ex-husband that we had a child support review, and he responded by saying, "if anything changes, I'm taking you to court." I am the primary caregiver for our 11-year-old daughter, and we have joint custody. Our current arrangement is that I have her for 9 days, and he... View More

1 Answer | Asked in Probate and Child Support for Michigan on
Q: Can adult child drop back child support owed to deceased parent?

As the adult child managing my deceased parent's estate, can I drop or forgive the back child support owed to my deceased parent by the other parent?

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 25, 2025

The Personal Representative can settle and compromise claims in many circumstances but it is not a ’yes/no’ situation.

It is POSSIBLE to act in this way, but ONLY if it is in the ‘best interest of the estate’.

If you don’t already have an attorney, you need one to insure...
View More

0 Answers | Asked in Child Support, Civil Litigation and Public Benefits for Michigan on
Q: How to address misuse of child support funds in MI?

I'm paying child support, as well as additional expenses like child care and my daughter's band instrument, per court order. However, the children's mother isn't using the support for their basic needs, forcing me to cover extra costs I can't afford. I've tried... View More

1 Answer | Asked in Child Support, Child Custody and Family Law for Michigan on
Q: Full legal custody = full legal responsibility? Seems like an imbalance. Please explain. Confused.

I make all the decisions legally with full custody. You pay! Legally? If the legal responsibility lies with one person, shouldn’t all legal responsibility lie with that person?

Brent T. Geers
Brent T. Geers
answered on Jan 19, 2025

Not at all! Children are entitled to support from BOTH parents. If you look closely at the child support formula calculation, you will see that both parents' income is taken into account, along with the number of "overnights" each person has. The formula is intended to put a child in... View More

2 Answers | Asked in Child Support and Family Law for Michigan on
Q: My husband was extradited to michigan for non payment of child support.Can he be released without prison time.

My husband was never served court papers. The original child support case is closed.His son is now 20 years old. I am assuming the AG Opened a new case because the state is owed from the other parent owing for county assistance. I don't know how to prove that he was never served. According to... View More

Brent T. Geers
Brent T. Geers
answered on Dec 18, 2024

It's going to be hard. Not only would you (he) need to show he was never served, but also he had no reason to know he had a support obligation. By the time back support gets referred to the AG for criminal charges, there's usually quite a bit of collection activity that takes place,... View More

View More Answers

1 Answer | Asked in Child Support and Family Law for Michigan on
Q: My husband Is currently being extradited from Arizona to Michigan for non payment of child support errears.

His son is an adult now.I know that does not matter.However, he has never been served any type of court papers. He hasn't been in Michigan since 2006. Case was filed 2007. How Can he get it dismissed and return home to arizona.

Brent T. Geers
Brent T. Geers
answered on Dec 14, 2024

He will have to deal with this once he's in a Michigan court. Generally, non-support cases are strict liability, meaning there is no sound defense to them - if the state can show you legally owe the money, it doesn't matter why you haven't paid. It IS possible though to challenge... View More

1 Answer | Asked in Family Law, Child Support and Civil Litigation for Michigan on
Q: How do I find out if the person I’m involved with is the same person that is listed on a paternity claim A common name

His name is common and there is no information on the description of the person

Brent T. Geers
Brent T. Geers
answered on Oct 29, 2024

If you are nearby the courthouse, you could stop in and ask to look at the file. Otherwise, what does the person you're involved with say about this?

1 Answer | Asked in Child Support and Family Law for Michigan on
Q: Do you factor holiday overnights into Total overnights for a UCSO in the state of Michigan?

I get my son 104 overnights a year according to the Michigan child support formula of 37 school weeks times 4 overnights per 2 week period. In my stipulated parenting order we highlight several holidays of which I get him 11 more overnights for a total of 115. My Ex's attorney stated that... View More

Brent T. Geers
Brent T. Geers
answered on Oct 9, 2024

I think you might be right. I'm not sure though whether it makes much of a difference to the child support amount. I would suggest you run calculations with both figures. Going from 104 to 115 overnights probably won't make a substantial difference to the amount.

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Custodial parent now has FT job vs part time like when order was completed. Will non-custodial parent CS increase?

In the state of MI, when our child support was first done, my ex (custodial parent) was only working 20 hrs or so making maybe 10-12k/yr. If she decides to get a full time job, will my (non-custodial parent) child support payment go up?? Paying just over $800 now for 1 child (age 16) that I have... View More

Brent T. Geers
Brent T. Geers
answered on Oct 7, 2024

Maybe, but probably not by much without a substantial increase in actual income. Further, it would not be uncommon for the current support order to have imputed full time income when calculated, so the switch from part-time to full-time may already be accounted for.

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: Does terminating my parental rights cancel my child support order

This is an out-of-state issue, my daughter has decided she wanted to live with her dad, so she changed domicile to Michigan. I was ordered to pay child support, however, I have no communication with her because she won’t answer my calls, text, and neither will her father. I don’t want to pay... View More

Brent T. Geers
Brent T. Geers
answered on Oct 3, 2024

Unless there is a step-parent adoption, or you can get the father to agree to no support, there will be a support order. The law and public policy prohibit you from simply terminating your rights as an end-around to a child support obligation.

1 Answer | Asked in Child Support, Civil Litigation, Domestic Violence and Family Law for Michigan on
Q: Can my court appionted lawyer lie about a charge, and not answer any questions till you submit your plea to them?

My X started to hit and kick me and more. I yelled at her to stop, then I pull her hair hoping she would stop. The next day, I got arrested, officers only said I was under arrest for domestic violence. I thought when I get to jail, I would give my statement and they would that photos, no statement,... View More

Brent T. Geers
Brent T. Geers
answered on Sep 9, 2024

By your description of what happened, it sounds like the woman you spoke with at court was the magistrate who was arraigning you - not your attorney. She would have had no duty to you other than to advise you of your rights, what you're charged with, the maximum possible penalties, and to... View More

1 Answer | Asked in Child Support for Michigan on
Q: Will a judge grant visitation after 13y of no contact? (Bare min child support was paid).

I’m seeking more support - and the first thing the NCp does is tell me they will then be seeking more custody.

Brent T. Geers
Brent T. Geers
answered on Aug 22, 2024

Highly unlikely. I take it the child is now a teenager? Before granting such a request, the judge may want to talk with the child in camera (private meeting in chambers) about the child's thoughts on the matter.

1 Answer | Asked in Child Support for Michigan on
Q: I have a 16 year old daughter. I'm the father. Our daughter has lived with me since we broke up nearly 11 years ago.

We have joint legal custody her mom has full physical custody. Her nom is not really involved in her life. Might see her once every few months. Hasn't had an over night stay with her mom in nearly 5 years. The BM dropped child support nearly 8 years ago. I just received a letter that our case... View More

Brent T. Geers
Brent T. Geers
answered on Aug 21, 2024

Sounds like this is just the standard 3-year opportunity to review support letter. That is a statutory opportunity. If neither you or the BM request review, nothing will happen. However, that means particularly that whatever support is ordered will not change.

1 Answer | Asked in Family Law, Child Support and Civil Rights for Michigan on
Q: Are my parents allowed to take my things that i bought at 16?

My dad mostly goes in my room and takes things when im not there saying this is my house making you room.my property, but i bought those things making them my property meaning he is technically stealing from me?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2024

Navigating the boundaries of personal property while living under your parents' roof can be challenging. Legally, parents often have broad authority over their household, including your room and belongings within it. This means that while you may have purchased items with your own money, your... View More

1 Answer | Asked in Child Support for Michigan on
Q: My ex husband was awarded custody in 2021 despite his felony arrears of over 50,000.

Friend of the Court has done nothing to enforce support except issue a bench warrant in 2017 which is currently active. I'd appreciate any thoughts regarding best course of action in regards to the felony arrears.

Brent T. Geers
Brent T. Geers
answered on Jul 23, 2024

Custody - and parenting time - have nothing to do with child support obligations. If you know he has an active bench warrant, you can contact the local police department.

1 Answer | Asked in Criminal Law, Divorce and Child Support for Michigan on
Q: Can a father take back a phone and watch that were Christmas gifts or file a stole property report?

What are the laws in Michigan about receiving gifts, then asking for it back and being threatened to file a police report that’s it’s stolen property? The kid is 18 and the father is enraged that I filed for a support review for my 14 year (it’s been 10 years since the last order, oldest... View More

Brent T. Geers
Brent T. Geers
answered on Jun 17, 2024

Generally, once a gift is given, it's the receiver's property. Unless the father has some evidence these items were stolen, he's risking filing a false police report - which is a crime itself - once the police investigate and find he actually gave those items and now just wants them back.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Michigan on
Q: What are implications for child support/custody? I am from Ontario and the mother is from Michigan?

Does it matter where the child is born? We live together in Michigan currently.

Brent T. Geers
Brent T. Geers
answered on Jun 3, 2024

It matters greatly and particularly where the child lives as that establishes jurisdiction. It sounds like that would be Michigan for you, which means Michigan courts and law will apply.

1 Answer | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: What can you do when the judge lies to you and your court appointed attorney does nothing

I had an attorney that was going to handle my case pro Bono and the judge said that they could not do it because I was not a resident of the state of Michigan but how can that be true if I am in court in that state my lawyer would have to be licensed in that state

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 7, 2024

You can be hauled into court in Michigan even if you are not a Michigan resident. If you are not a resident, according to the judge, you are not eligible to have a court appointed attorney.

2 Answers | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
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

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 7, 2024

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... View More

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.