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Michigan Child Support Questions & Answers
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... Read 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.... Read more »

1 Answer | Asked in Family Law, Child Support and Civil Litigation for Michigan on
Q: How to get help with child birth costs? FOC won't help because bills are 3 years old. How can I get dad to help pay?

Custody order does state dad's responsible for 50% of these. I didn't know I owed the hospital $20,000 until recently and FOC only enforces health care cost reimbursement if bills are less than a year old. Bills are 3 years old. Can I still get help paying these and if so how?

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

Probably not unless you can work out an understanding with him.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: Lying in court

My girlfriend may be about to start a custody battle with her kids’ father. He is most likely going to try to get 50/50 custody. He is $5000 behind on child support. He has no drivers license, yet still drives with the children. He will try to lie and say things are different than they are. He... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 13, 2022

Sure is! Respond, appropriately, to his allegations. If he's filing, you will receive his allegations in writing; you may file a written response to them. In court, you will also have an opportunity to respond to any allegations made.

The judge's job is to assess credibility. Some...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: can a parent get custody if they don't have a job?

my girlfriend has two children. right now, the arrangement is that she has the kids Monday to Friday, they go with their dad Friday night till Sunday night. he is about $5,000 behind on child support. his driver's license is suspended (he still drives even with the children). he says he... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 12, 2022

Whether he has a leg to stand on is to be determined. The person asking for a change has the burden to prove it. From what you describe, I'm not seeing much reason to change this. That does not mean he won't try.

1 Answer | Asked in Child Support for Michigan on
Q: can the state of MI withhold back child support out of my ssi and now my new job?

I have been paying back child support out of my SSI for five years of $480 a month I tried to live on $660 a month but cant so I got a job to supplement my income now MI is going take the same amount out of my check from the new job. Both children are grown and dont live at home with their mother.... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 7, 2022

Yes they can. The back child support does not go away just because a child becomes an adult. The state will continue collecting until it's all paid back, waived, or you pass away with no assets to collect (they do even take from a deceased person's estate).

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Michigan on
Q: If a referee says…. gonna check in2 CPS & criminal investigations do they contact previous ppl associated w/case history

Do they contact family or fosters… previous witnesses if a story doesn’t match?

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

More likely, referee will simply review the CPS and criminal investigation reports, and may contact those agencies for a status update. Judges and referees are not police or investigators so they are not going to be contacting witnesses directly.

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Can my child's mother and I avoid child support and go through Florida's state insurance for our daughter?
Brent T. Geers
Brent T. Geers
answered on Oct 15, 2022

How or why your daughter would qualify for Florida's insurance is a major factor here. In general, if state assistance is provided for a child, there will be a child support order initiated and enforced by the state.

1 Answer | Asked in Child Support for Michigan on
Q: How can I collect child support from someone who gets paid "under the table" (cash)?

I have full custody of my son and have been raising him on my own for the last 9 years. His father owes over $19,000 in child support because he refuses to pay it. He works for a company named Rim and makes decent money but he gets paid cash under the table so that they can't garnish it. Is... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2022

The fact that he is behind $19,000 suggests there is a child support order out there. Eventually, the friend of the court will take enforcement action, which could include referring the matter to the attorney general's office for criminal charges of non-support.

If you aren't...
Read more »

1 Answer | Asked in Child Support, Social Security and Criminal Law for Michigan on
Q: The amount of rerages owed is 64,000 and the judge is not being in my favor at all. What can i do? Please ?

Is there anything I can do or submit in advance, the court appointed lawyer i have does not submit or express my case in my favor, or my request.

Brent T. Geers
Brent T. Geers
answered on Aug 25, 2022

The judge's job is not to be in your favor. The only person "in your favor" is your attorney, and he or she must adhere to court rules, case law, statutes, ethics, and rules of evidence while being in your favor. If you have plead and are awaiting sentencing, then now is the time to... Read more »

1 Answer | Asked in Child Support and Criminal Law for Michigan on
Q: What can i do to get the least amount of time after pleading guilty to a 2nd hybitual for child support rerages?

I was told that its a point system guide that you all go by, is my sentence 11 months?

Brent T. Geers
Brent T. Geers
answered on Aug 25, 2022

For that sort of charge? Your best bet to limit incarceration is to pay off as much as you can before sentencing.

By "point system" you probably are referring to the sentencing guidelines. They give the judge, and you, an idea of what an appropriate sentence should be based on...
Read more »

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: I became disabled in 2013, due to car accident, braking my back. I now have 2bars and 4 bolts in my spine. I contacted

Foc, and sent in all dr.s paperwork they asked for. And did so whenever they asked. 2018, i found out i had 4 tumors and 3 different types of cancer. Well covid hit, so my treatments didnt start until 2019, 7 weeks of radiation and chemotherapy, i almost parished. I sent all paperwork to the foc,... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 23, 2022

I'm unsure what your question is. It sounds like you entered a guilty plea. Typically, agreements made in failure to pay cases depend on how much of the arrearage is paid before sentencing. What matters now is not so much what you've done since 2013, or even what you've worked out... Read more »

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 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 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.

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