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Michigan Child Support Questions & Answers
1 Answer | Asked in Child Support and Family Law for Michigan on
Q: Does friend of the court charge for their services? Should child support received be the same as amount deducted?

Does employer have to send income withholding amount in a certain amount of time? If they don't what can I do? How come amount deducted isn't the same as amount received?

Brent T. Geers
Brent T. Geers
answered on Mar 25, 2024

There is a fee for services, which is why the amount deducted doesn't match the amount received. Your employer must comply with the income withholding order timely. But ultimately you are responsible for the entire amount owed.

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Arbitration and modification of child support

I have a high conflict custody case that has been going on for 2 and a half years with no end in sight. My original lawyer told me to agree to an arbitration because it would be cheaper but my legal fees have already superseded $200000. That arbitrator order me to pay child support for $1900 a... View More

James W. Kraayeveld
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James W. Kraayeveld
answered on Mar 18, 2024

Have you had a local attorney do a case review for you? Your notes do not provide sufficient information for me to assess why you are still stuck dealing with the arbitrator? On the one hand, it seems that you received a final custody order, and that often ends the order to arbitrate; on the other... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: Do I have a chance to still get shared custody 8 months ago my wife abandoned our home with the kids and got a ppo?

Am I screwed?

On June 11 last year while I was at church my wife abandoned our marital home and took the kids with her, the very next day she filed a ppo with a petition full of lies and false allegations about me physically and verbally abusing her (with no evidence of course) we had a... View More

Brent T. Geers
Brent T. Geers
answered on Feb 28, 2024

You sound like you are aware this will be an uphill battle. Are you screwed? No! Of big concern is why you haven't seen the kids in 8 months; is that because you never raised this issue with the court or your soon-to-be ex is just not complying with the order? I think with that amount of time... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Michigan on
Q: Can a parent get custody if they don't have a job or a drivers license?

My husband is saying he is keeping the kids and getting full custody of our kids because I don't work and don't have a drivers license. I do everything for our kids, and all the housework. He also says he isn't paying child support because he already pays child support for his other... View More

Brent T. Geers
Brent T. Geers
answered on Feb 28, 2024

That's not how child custody works. If it were, a lot of people would not have custody. The court determines custody based on the best interest of the child factors.

3 Answers | Asked in Immigration Law, Child Support and Family Law for Michigan on
Q: Does having debts or is behind on child support hinder in the acceptance of a marriage or fiance visa?

I have an ecuadorian boyfriend and we wish to marry but one,we can't decide between the marriage or fiance visa and two, will his debts give him a denial. Also the marriage visa asks for a beneficiary/sponsor and is that necessary? Can I be his sponsor? I'm a little overwhelmed and... View More

T. Augustus Claus
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answered on Feb 7, 2024

In the context of U.S. immigration law, especially for Michigan or any other state, having debts or being behind on child support can impact the application process for a marriage or fiancé(e) visa, but not always directly in terms of eligibility. The primary concern for these visa categories,... View More

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1 Answer | Asked in Divorce, Child Custody, Child Support, Civil Rights and Family Law for Michigan on
Q: Re on case papers on a dm case number what does that mean?
James L. Arrasmith
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answered on Jan 21, 2024

In the context of a legal case, "re" on case papers with a docket number typically stands for "regarding" or "in the matter of." It's used to indicate the subject or nature of the case. So, when you see "re" followed by a case number, it signifies that... View More

1 Answer | Asked in Child Support and Family Law for Michigan on
Q: Child support- are they required to impute income at 35 hours per week if a person isn’t working that many hours?

The friend of the court imputed it during a review. Is that appropriate? It wasn’t the finding of the court

T. Augustus Claus
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answered on Jan 3, 2024

In child support cases in Michigan, if a parent is not working the standard 35 hours per week, the court may impute income based on the potential earnings of that parent. The court typically considers factors such as the parent's work history, qualifications, and the local job market. If... View More

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: A person representing friend of court lied to the judge in court. What do I do? I have proof.

We were at a motion to change child support that I filed. I emailed 3 paychecks to friend of court. They lied about what’s on the paychecks. I’m calling Monday to get a transcript of the court proceedings also for evidence.

Brent T. Geers
Brent T. Geers
answered on Nov 18, 2023

To change support, you need to meet a threshold for a change: generally, the new guideline amount would need to differ by more than $50 or 10%. So the issue you are facing is not so much the FOC worker testified to a differing amount on the checks; the issue is whether they properly calculated a... View More

1 Answer | Asked in Adoption, Child Custody, Child Support, Contracts and Family Law for Michigan on
Q: What would we need to do to have custody of our nephew for a while with consent from his father who has sole custody?

Father may go to set up place out of state and wants child taken care of while he makes sure about living arrangements and work. Childs mom is only allowed supervised visits if father agrees 1×/week. Mother is not a child in an adults body. We want to make sure that the mom cannot take custody of... View More

Benjamin Jeffrey Stoltman
Benjamin Jeffrey Stoltman
answered on Oct 25, 2023

What you are describing can either be accomplished through a delegation of parental authority (power of attorney) or through limited guardianship. A limited guardianship will take longer and will cost more, but offers Court oversight and protection if mom were to become an issue. A delegation of... View More

1 Answer | Asked in Child Support for Michigan on
Q: My ex hasn’t paid child support even tho he told the ref he would. What else can I do?
Brent T. Geers
Brent T. Geers
answered on Aug 12, 2023

You need to contact the Friend of the Court for enforcement action.

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: I had full custody of my daughter I am giving full custody to her momShe owes me $4000 in back pay

Now I have to pay child support

How does that work

We have a hearing on august 15th

How can they make me pay child support when she owes me $4000 in back pay

Brent T. Geers
Brent T. Geers
answered on Aug 3, 2023

There's some variables to consider here, but generally, the back pay (arrearages) do not go away; she would still owe you that amount. You would, however, have your own support obligation.

The reason being is that child support is intended to be contemporary, reflecting what is...
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1 Answer | Asked in Child Support and Family Law for Michigan on
Q: My 17 Year old granchild moved in with us if we ask for support from her parents can they make her move back home?
T. Augustus Claus
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answered on Jul 31, 2023

In Michigan, the age of majority is 18, which means that individuals are considered legal adults at that age. However, the situation may vary depending on the specific circumstances and the family's legal arrangements.

If your 17-year-old grandchild moved in with you with the consent...
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1 Answer | Asked in Child Support and Family Law for Michigan on
Q: Hi my son lived with me until he was 12 years old and when he went and lived with his dad he put me on child support

Shouldn't the dad owe me for 6 years if he didn't pay anything when he was with me for 12 years

Brent T. Geers
Brent T. Geers
answered on Apr 22, 2023

I understand where you're coming from. Unfortunately the law does not work that way. Child support doesn't kick in until there is 1) a request (either by the state of either parent), and 2) an order. You (or the father) not pursuing child support for the last six years was your agreement... View More

1 Answer | Asked in Family Law, Probate and Child Support for Michigan on
Q: If there is a guardianship (full) order in place that lists a father but he isn't on the birth certificate what happens

I have guardianship of my grandson and there isn't a father listed on his birth certificate but there is on the guardianship paper work. Will they go after this person for child support or will they try to establish paternity first?

This is a follow up question to a question I asked... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 23, 2023

If the government is going to be on the hook you bet your booty the government is going to be trying to get the father to pay support.

To do that they will need to prove paternity in some way. (You don’t have to pay to support some stranger’s kids after all and momma’s baby,...
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1 Answer | Asked in Child Support for Michigan on
Q: Michigan/Canada international Child Support after 18 years old!

My Canadian kid turns 18 and graduate in June. Her mom wants 5 more years of child sup for her through college she said. Im in Michigan. We were never married and she doesn’t have a case established with the Friend of Court. Originally we had a formal meeting and settled out of court in Canada.... View More

Brent T. Geers
Brent T. Geers
answered on Mar 22, 2023

I would think Michigan does not have jurisdiction if your child resides in Canada. The mom can file here - nothing you can do to prevent it - but I would think your argument would be lack of jurisdiction.

1 Answer | Asked in Divorce, Immigration Law, Child Custody and Child Support for Michigan on
Q: Hi I been married to my Indian husband who is a green card holder for 4 years we have a 2 year old son recently he’s

Been threatening to take my son away and leave with him to India so his parents can raise him. My son has never met them people yet my question is IS THIS POSSIBLE CAN YOU TAKE MY SON WITHOUT MY PERMISSION? 2nd question is IF I DIVORCE HIM WILL HE HAVE TO GIVE ME SPOUSAL SUPPORT &CHILD SUPPORT?... View More

James L. Arrasmith
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answered on Feb 26, 2023

I'm sorry to hear about the difficult situation you are facing. To answer your questions:

Generally, a parent cannot take a child out of the country without the other parent's permission, especially if there is a custody agreement in place. If your husband takes your son to India...
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1 Answer | Asked in Immigration Law, Divorce, Child Custody and Child Support for Michigan on
Q: Hi, I’ve been married to my Indian husband green card holderfor 4years we have a 2 year old son together, recently

He’s Been threatening to take my son to India for his family can raise him,I now think he used me for a green card can he get deported if we divorce??my question is Is this possible for him to steal my son without my permission? 2nd question is If i divorce him will he have to give me spousal... View More

James L. Arrasmith
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answered on Feb 26, 2023

I'm sorry to hear about the difficulties you're facing. To answer your first question, if both parents have legal custody of a child, it is generally not permissible for one parent to take the child out of the country without the other parent's permission. If your husband were to... View More

1 Answer | Asked in Child Support for Michigan on
Q: can a court charge you child support without your knowledge
Brent T. Geers
Brent T. Geers
answered on Feb 3, 2023

Depends on how it is done, and what you mean by "your knowledge". But yes, it is possible to be subject to a support order without your knowledge.

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Can I be held in contempt and put in jail for back child support when my only income is SSI.
Brent T. Geers
Brent T. Geers
answered on Jan 20, 2023

Yes. But generally the dependent portion of your SSI serves as the child support payment.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: Can foc keep my fiancé son away from me not letting him get over nights over false accusations?

At the time i was just his girlfriend and his sons monther started a bunch of drama and i retaliated in text so then she accused me of hitting her son and she told them how me and his father were always fighting and breaking up they believed her. The text she showed in court where only of my... View More

Brent T. Geers
Brent T. Geers
answered on Jan 16, 2023

"They" are not doing anything. The child's mother made an accusation that FOC substantiated, creating this order. You being engaged does nothing; being married might help. But your relationship status has nothing to do with what the judge will find pertinent to changing this.... View More

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