She was married and the child took his last name. Now she is divorced. The ex-husband is challenging custody of the child
Not until it is determined that you are the legal father. The other guy has an uphill battle to climb given that he was married to the mother when the child was born, and that he's just now saying this after 10 years.
Additionally I am current on payments with no arrears.
When the child graduates from high school, is emancipated, or at 19 1/2 years old, whichever occurs first.
You could find yourself liable for child support at some later date. If the mother receives any public assistance for the child's birth, the state will initiate enforcement actions against you.
I'm being made to pay child support and being taken to court and had a court case 4 back child support that I owe to a lady who is no longer living
Yes. Child support is for the child, not the parent. Understandably, it doesn't seem like it in most cases. But in FOC's eyes, you owe that money to the child, not the deceased parent.
State and does not pay any required child support. Is there any legal action I should consider taking.
Not really. The Revocation of Paternity Act essentially has a 3 year time bar. At 17 years old, your case is well beyond that. And with you having full custody, I would imagine even if some form of relief were possible to get in front of a judge, a court would find that it's in the child's best... Read more »
I gave the courts correct address for him but he evades (never answers door, has wife answer for him and say she doesn’t know him or he doesn’t live there).He was recently jailed for about 20+ days will I receive a payment from the courts? We also have 2 children (he signed both birth certificates
You'll likely need to refile and try serving him again. This time, you might want to use a process server. They deal with tough-to-find people all the time.
Absolutely not. Child support does not buy parenting time.
The father and I haven't been together months prior to her being born, but because she is on state aid(medical insurance etc) the state filed for child support. Paternity has been established but he denied the request to collect what the state said he owes. Am I, the mother of the child, required... Read more »
Ordinarily, no. The issue of child support at this stage is between him and the state, represented by the prosecutor's office. If he is the father, which you say has been established, and the child is receiving state aid, then he is going to have a child support obligation.
He owes 35000, before I filed lien I spoke to 2 attorneys and foc and was told what he owes in back support to me is separate from what he owes the state. Now the foc judge said at his last hearing that if they collect anything from lawsuit, it would 1st go to pay the state and then pay the... Read more »
That would most likely be correct. His obligation to the state takes priority to any obligation to you.
Michigan Foc is taking support from just him.and gf is getting $$ for herself.no marriage involved.what can he do to stop this
Is he trying to stop his child support obligation? To the extent he owes arrearages, that's not going away. To the extent that he was financially supporting the girlfriend, and she wasn't reporting that for state assistance, she may have committed welfare fraud; but that doesn't negate his child... Read more »
The other parent is now asking to remove child support or “call it even” now they have one and I have one kid.... the thing is I make more money and the child I have with me is 16... what will the judge say?
You may want to connect with a local family law attorney or run the numbers yourself on Michigan's child support calculator. You may find that "calling it even" is actually in your best interest since you make more money.
Currently the MI website says "Your application for this case is being processed. The Ask a Question feature will become available to you once the application reaches the Prosecuting Attorney." How do I find out what is going on? How long does it take? Getting very low on funds. Any help is... Read more »
Has paternity been established? If not, that could explain the delay.
This is a tough one, but I believe your now-adult children would need to sue. Child support is for the child's benefit, not the other parent, and so they would (likely) be the proper plaintiffs.
why do you think it violates your rights?
Yes. As part of child support, you will pay an equitable portion of child care and health care, if only to reimburse a state as may be the case here.
My fiancé is that even possible?
It's possible. Especially if your fiance has any substance abuse or criminal history.
The mother knows the child isn’t his and has moved to another state when the child was a baby. It’s been 10yrs. Will identifying paternity be enough to stop/close child support case and payments. Will she owe him for all the money that she has taken?
Once your fiance signed the birth certificate (and I presume acknowledgment of paternity), that's saying "I have no reason to dispute paternity". There is a legal mechanism to revoke paternity, but after 10 years, that would be some tough sledding. Further, once his name is on a birth certificate,... Read more »
Use a bondsman to get him out
Depends on what's happening. I would imagine the sentence involves paying a certain amount (all or substantially all of the back support) or serve a number of days in jail. If that is the case, there is no bail for a bondsman to work out.
Family Law is governed by the State you or your children reside; Immigration law is Federal Administrative Proceedings and any attorney anywhere from within the US can represent you. I am an Immigration attorney in Ft. Lauderdale, Florida with 15 plus years of experience and I am fully bilingual... Read more »
When I go to court could I go to jail
Should you get a lawyer and could you end up in jail?
Yes, and yes depending on how much is owed, and what you can do to make a dent in the debt.
Talk with a local family law attorney YESTERDAY to find out how best to proceed.
-- This answer is offered for informational... Read more »
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