My ex moved from Michigan to New Jersey. Court order says he can have one weekend a month residing in Michigan but has to give reasonable notice. What is considered reasonable notice through the courts?
Reasonable is that amount of time which is fairly necessary, conveniently, to do whatever is required to be done. There is no set number in this situation, so reasonable is what both parents define it to be.
I have been reviewed 4x and only once has the f.o.c. included the wage worksheet, are they supposed to include this everytime? or do they not include it if the other party does not have a job? If the other party does not have a job shouldn't f.o.c. inlcude it with the minimum wage over a... Read more »
They are supposed to...that is the only way to have an idea of how the guidelines were calculated. Does it always happen? Probably not. Your remedy is to object to the recommendation. At the hearing, FOC would show that they did impute income, or if not, explain why not. But if they did, then the... Read more »
I am constantly maxed on payments, she has not worked in 10 years so my child support gets raised every 3, there is no reason she cant work, she just wont. Is there anything i can do or write with my review papers?
Unless there is some legitimate reason that she's presenting to the Friend of the Court for why she can't work, they should be imputing income to her - typically full time at the current minimum wage, or about $19,500 a year.
The short and sweet of it is that no one can force her... Read more »
Yes. Child support is for the child. If the child has a need for support, a child support order can go back into effect.
I need help figuring out the legal options i have. My situation is complicated so a phone call would be the easiest route to discuss in further detail. Please help.
Courts are prohibited by law from providing legal advice. To do otherwise would make them biased by definition and unable to handle a case impartially.
You need to hire your own attorney especially if your situation is ‘complicated’. Your best option is to find a LOCAL lawyer as local... Read more »
The answer depends on if you or the baby receive state assistance (e.g. medical / well child, WIC, food assistance). If you do, then a child support order will be established.
I was 13 he was 21. Been with him 25 yrs. Have 4 kids...He treats me horrible and i want out. But he took EVERYTHING!!!! LEFT ME ON STREET. Also CHEATING on me w Facebook girls..have PROOF. & HE is a major alcoholic.
When were you married? Michigan is generally a "no fault" state when it comes to divorce and so for purposes of divorce, cheating doesn't really matter. Spousal support is possible, particularly in long term marriages (generally over 10 years), and when there is some fault attributed... Read more »
Even if the 12 year old has an attorney can the 15 year old boy be the main representative but under the guidance of an attorney?
This is not a true scenario but for the future is any of this possible? Also the 15 year old boy would know about the laws and know the rights, crimes, possible... Read more »
No. Courts will recognize either the litigate or a licensed attorney appearing on behalf of the litigate. In some cases a person may have a "next friend" step in his or her shoes and can still have an attorney. The 15 year old in your scenario would not be recognized by a court as a... Read more »
My 3 year old daughter that stays with me by ourselves. Her mother is currently homeless and has been house hoping with ppl since ‘16,I was told to file a motion but that seems too long of process and too much for something that I feel is a no brainer. The mother said she understands that I need... Read more »
First things, first...the Friend of the Court does not change custody or make orders; that is what judges do. If the mother is cooperative, it doesn't need to be a long process, but it is a process all the same.
He has his green card. And he says he wants to sign birth certificate but people at work told him if he does he will have to pay child support because I get help from state (EBT). He gives me $ when I need it and even when I dont need it he will give me $200 every two weeks. We're afraid if... Read more »
If you are receiving state assistance, DHHS and the prosecutor's office will get involved to pursue a child support order; there is no getting around that.
The father should contact an immigration attorney. But as I understand things, being a father and being financially responsible... Read more »
THEY HAVE TAKEN ALL HIS MONEY DISABILITY CHECK, UNEMPLOYMENT, STITULMUS CHECK, FOOD STAMPS, HE IS LIVING WITH ME NOW ALL FOR CHILD SUPPORT, WHAT CAN BE DONE, HE HAS NOTHING.
I take it this is a new support order or a modified one, to which your son objected. Now he's waiting on the hearing. Unfortunately, there is not much that can be done. At the hearing, if the court agrees with his position, there could be an argument made that whatever amount ordered should go... Read more »
Received notification that the court held a hearing about my case and the judge cancelled out all arrearages because the defendant has limited income. I never was made aware that this hearing was being held. My ex-husband started to collect SSI benefits 2 years ago and I have never received a... Read more »
Yes, they can cancel arrearages owed to the state. I imagine he provided sufficient proof of his SSI benefits, and so even if you received notice of the hearing and attended, there really wouldn't be much you could have said.
Found out the child wasn’t mine during the marriage, the child was 6 when that happened. Also I was put on child support while I was married.
Probably not, especially without cooperation of your ex wife and who would be the actual father.
He is experiencing multiple health issues at time(diabetes, congestive heart failure and was recently diagnosed with prostate cancer). How can he proceed with requesting termination of the payments?
He will need to file a motion with the Friend of the Court.
Husband and wife separated in September, but filed taxes together. Their tax refund (and now stimulus payments) go into his bank account. They have 3 children, living with mom. Mom is on disability and is struggling financially, but the dad will not share the tax or stimulus money with her. What... Read more »
Yes.
BY designating one spouses bank account for direct deposit and signing the return you have agreed that the funds will be deposited into that account. Once deposited the IRS has no further say in the use or allocation of the funds.
State property law will be used to determine... Read more »
I have 3 boys ages 9, 8, and 5. We live in Ottawa County, Michigan. My ex has full physical custody and we have split legal custody. I have parenting time every other weekend. She doesn't keep a job very long and when she does is usually minimum wage. I went from making ~$15/ hour to almost... Read more »
There is a lot that goes in to a child support calculation. Without knowing numbers, but assuming income attributed to the mother remains consistent, and nothing else changes except for your income doubling, you can roughly guesstimate that the amount you pay in child support will increase... Read more »
Can she just take them I just got them monday
Are you the legal father? (e.g. affidavit of parentage signed and on file with the state). You cannot expect the court to enforce an agreement it did not make or have record of. You should file a custody action so that you get a written order that can be enforced in the future.
The mother informed friend of court that I'm not the father of a 33 year old female.Im paying arrears for assistance
You are quite likely stuck. Paternity was probably established by default (i.e. you were named the father and never responded to say otherwise). All the state needs to do is attempt service by mail to your last known address or by publication; presumably, one of those two things happened. When that... Read more »
What would you be looking to fight? If you want to contest child support, you would either need to contest paternity (i.e. you are not the father) or the amount (i.e. they attribute you with more income than you have or can make). Both are very fact dependent, and may require attorney assistance.
I was diagnosed with COPD 7 years ago, I know I'll never be able to work agian, what litt SSI I get each month ($705) I barley get by now, isn't there some form or paperwork I fill out to get this uncollectible debt case closed, I owe more in interest and penalties that actual arrears
Contact the Friend of the Court office. Some of the total amount may be forgiven.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
