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Michigan Child Support Questions & Answers
1 Answer | Asked in Child Support, Criminal Law and Family Law for Michigan on
Q: I am on ssi had recently 6 months of cancer treatments. Had to plead guilty for a crime from 93. Bcuz F.O.C backpay? Lg

They threatened to keep me for 4yrs or i plead guilty for 2nd hbt and pay 1500 to get out. I didn't know that ment i do 11 months on sentenceing day. I just did two and im on disability. How can they come to my home and nab me up when my kids are grown, im half alive and live a couple countys over?

Brent T. Geers
Brent T. Geers
answered on Aug 22, 2022

Your child support arrearages never go away; doesn't matter how old your kids are. Your back-owed support reached the level of felony non-support.

You should be speaking to your attorney about this, the strengths are weaknesses of your case, and any offers made.

1 Answer | Asked in Child Support for Michigan on
Q: I have sole physical/joint legal custody of minor child in Michigan and have a question about child support

A child support case was initiated by the prosecutors office in Michigan against non custodial parent. This was because I was receiving public assistance. I am going to work full time and will have out of pocket costs for private insurance, but my daughter still gets daycare assistance. Non... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 11, 2022

Your understanding is correct. Either of you can file a motion to modify the support order based on a change of circumstances. But unless it's changed, the existing order will continue.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: Is it illegal for my husband's ex-wife to collect child support if their son no longer lives with her?

My stepson was kicked out by his mother. He now lives with his grandma and he is 17. His mom didn't notify friend of the court about this information, and my husband is still having child support removed from his paycheck. Is it illegal for her to collect this money when he isn't living... Read more »

Brent T. Geers
Brent T. Geers
answered on Jul 28, 2022

Child support is for the child, but I can appreciate the frustration. What matters, though, is that the child is not living with you and your husband right now. Should the grandma obtained guardianship, for instance, your husband would still have a child support obligation.

1 Answer | Asked in Gov & Administrative Law, Banking and Child Support for Michigan on
Q: Can a bank legally take money from my account that was a veterans disability back payment. And send it to child support

I’ve been actively making my monthly child support payments and I got a lump sum va disability payment. my bank held and took funds to send to my child’s mother via child support office .Is this lawful?

Brent T. Geers
Brent T. Geers
answered on Jul 8, 2022

Likely yes. First, your bank didn't do anything except comply with a presumptive lawful order issued by a court. Your issue is with the court, not the bank.

VA disability is considered income for child support purposes, and so is subject to garnishment.

I would suggest you...
Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: In an uncontested divorce, both of us want joint custody so does that mean we both pay half the child support?
Brent T. Geers
Brent T. Geers
answered on May 23, 2022

Good question and reasonable logic. Unfortunately, that is not the case. Child support is calculated using a formula that factors the disparity of income between the parents among other things. Even with joint custody, one parent is likely to pay the other parent some child support.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: Can I file for child support after 6 years with no visitation rights

My son is 6 I’ve raised him with my family. His father is 100% Absent

I have serious concerns to the point we separated when I found out I was pregnant

Mental wellness

Substance abuse

Violence

Lying about sexual abuse

I have a lot of real... Read more »

Brent T. Geers
Brent T. Geers
answered on May 16, 2022

First thing is that you would need to establish his paternity. Until then, he is, as you expressed, just a stranger to the child with no legal right whatsoever, except what you've been allowing for.

Think of it this way: if I (a complete stranger on the internet) called you and asked...
Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for Michigan on
Q: Do I have to pay 100% of child support if it's joint custody or really not having to pay child support?

I'm the only working parent and the only one that can give our 3 kids full benefits. I would like to have physical custody of the kids. I am currently trying to file through as an uncontested divorce.

Brent T. Geers
Brent T. Geers
answered on Apr 29, 2022

Child support will be determined through the divorce proceeding. Having the majority of parenting time plays a large role in determining who pays and what amount.

1 Answer | Asked in Child Support and Divorce for Michigan on
Q: Which one of the working and non-working parents that gets physical custody?
Brent T. Geers
Brent T. Geers
answered on Apr 29, 2022

Google "best interest of the child factors" to learn more about what factors a judge considers in determining custody.

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: how do i change my custody agreement to another state?

my daughter is with her father every other weekend now. we are moving to texas and i need to set new parenting times

Brent T. Geers
Brent T. Geers
answered on Mar 31, 2022

Hold on! You need the court's permission to move the child out of state. Start with that first, and parenting time will be changed accordingly.

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: My daughter's father is still paying me child support for our daughter who is 37 years old. He currently owes $60,000.

He is only paying $200 a month, which is not enough for me. I was told because he is paying in arrears, they can't make him pay more. Is this correct? He is getting social security, plus he works. He is making good money. He lives in Seattle and I was living in California, but I moved to... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 24, 2022

The information you were given is correct. It's not an ongoing support obligation, and you have no current support needs since your daughter is now an adult.

1 Answer | Asked in Child Support for Michigan on
Q: my hours have decreased at work and the judge wouldn't let me speak or ask a question at my appeal.

I appealed the recommended order of support cause my hours have decreased dramatically. However the judge wouldn't let me speak also there's a lot about this case I don't understand. I need to speak with someone whom can help.

Brent T. Geers
Brent T. Geers
answered on Mar 22, 2022

Navigating the legal system is difficult. You absolutely should talk with an attorney about your options.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: I have full custody of my daughter. Her dad wasn't involved the whole pregnancy up until 9 months old .

He has no rights to her. He's not on the birth certificate. I'm trying to have him be put on the birth certificate. He doesn't pay child support. If I ask for diapers or wipes he'll get it but that's all he does. I could use more help i take care of her full time not able... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 26, 2022

Don't fall for that threat. Parenting time, custody, and child support are all separate issues under the law for that very reason.

If the child receives state assistance (e.g. Medicaid, WIC, etc.), the state will seek and enforce a child support order regardless of what you say....
Read more »

1 Answer | Asked in Child Support for Michigan on
Q: What do I do? Traveling during other parents time, I offered him to keep the child he won’t.

We travel back and forth in the winter to ski. For over a year now my ex and I have changed up our parenting time schedule. He is now saying he wants his normal weekends. For that to happen I told him there’s two options we switch weekends or he has the child while we travel. He refused and said... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 18, 2022

You have a few options: 1) can you take the child with you to ski? 2) do you have alternate child care available?

Unless you are able to reach a compromise, the parenting time schedule stands. Depending on how much time you have before your trip, you could see about filing a motion to...
Read more »

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: Child Support & Custody information.

Can I ask for more child support if my ex's salary increased significantly?

If he drove drunk with our daughter in the vehicle, can I request to change to full custody?

Brent T. Geers
Brent T. Geers
answered on Jan 17, 2022

Yes, and yes. Do you have proof of him driving drunk with your daughter in the car? Has he been charged with a crime?

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: If my son's father has not paid child support or seen his son/reached out for 2 years can I file and get full custody?
Brent T. Geers
Brent T. Geers
answered on Jan 16, 2022

I would think so, if you don't already have full custody.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: I was in prison for 4 year total. The state of Michigan still charged Me almost 500 a month in support
Brent T. Geers
Brent T. Geers
answered on Jan 15, 2022

Typically, the burden is on you to show the friend of the court you are incarcerated so that payments may be suspended. You now likely have arreages. Best thing you can do is contact the friend of the court and work from there. Don't wait until they start taking enforcement action such as a... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Michigan on
Q: Hi, If you are married and child support end, what if you get a divorce. Can you get child support back from him?
Brent T. Geers
Brent T. Geers
answered on Jan 15, 2022

Your question is a little confusing. Are you saying there was a support order in place that ended, but you were married the whole time? A subsequent divorce would not entitle you to recover child support that was ordered and paid.

1 Answer | Asked in Child Support for Michigan on
Q: my brother owes 26,000 on child support and the kid not his. How does he clear this up where he owes nothing to a child?
Brent T. Geers
Brent T. Geers
answered on Dec 14, 2021

I think the better question for your brother to answer is what has he done to clear this up. It takes some time to become $26,000 behind on child support, and it was during that time he should have been doing something. If there is a child support order, he was named the legal father to the child... Read more »

1 Answer | Asked in Child Support for Michigan on
Q: How can i defend myself when it comes to false reports to child support in another state?

Myself and my sons mother has a arrangement when it comes to child support without the courts but because she assisted on trying to get health insurance from the state .she called me and told me that she was going to do so because the state is sending her letters stating that they will take our son... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 16, 2021

Your son's mother has a difficult choice to make. If she accepts state assistance, the state will seek child support from you - and hopefully she disclosed to the state that she receives payments from you, otherwise she could be liable for criminal welfare fraud.

You, on the other...
Read more »

1 Answer | Asked in Child Support for Michigan on
Q: Can I represent my wife in a child support hearing against her ex-husband? I live in Michigan and I am not an attorney.

He filed a motion to have his back child support expunged and we want to respond to that motion in court.

Brent T. Geers
Brent T. Geers
answered on Oct 5, 2021

No. Unless you are a licensed Michigan attorney, you cannot represent anyone other than yourself in legal proceedings. You can assist your wife in hiring an attorney. Most counties have a legal assistance center that can provide assistance and service to her as well.

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