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Michigan Child Support Questions & Answers
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...
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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...
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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...
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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...
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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.

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 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.

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