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

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

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.

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

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.

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.

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

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... View More

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.

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

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

The fiancé visa and the spousal visa process at about the same speed. You can marry in Ecuador and begin the processing state side. If you don’t have the minimum level of income or assets to sponsor him, you can engage a joint sponsor.

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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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answered on Feb 22, 2024

Debts or being behind on child support can potentially affect the acceptance of a marriage or fiancé visa, as they may raise concerns about financial stability and ability to support oneself or a family member in the United States. However, each case is evaluated individually, and the impact of... View More

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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

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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

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

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?

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.

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.