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Michigan Child Support Questions & Answers
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.

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.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: I was in prison for 4 year total. The state of Michigan still charged Me almost 500 a month in support
Brent T. Geers
Brent T. Geers
answered on Jan 15, 2022

Typically, the burden is on you to show the friend of the court you are incarcerated so that payments may be suspended. You now likely have arreages. Best thing you can do is contact the friend of the court and work from there. Don't wait until they start taking enforcement action such as a... Read more »

1 Answer | Asked in Child Support for Michigan on
Q: my brother owes 26,000 on child support and the kid not his. How does he clear this up where he owes nothing to a child?
Brent T. Geers
Brent T. Geers
answered on Dec 14, 2021

I think the better question for your brother to answer is what has he done to clear this up. It takes some time to become $26,000 behind on child support, and it was during that time he should have been doing something. If there is a child support order, he was named the legal father to the child... Read more »

1 Answer | Asked in Child Support for Michigan on
Q: How can i defend myself when it comes to false reports to child support in another state?

Myself and my sons mother has a arrangement when it comes to child support without the courts but because she assisted on trying to get health insurance from the state .she called me and told me that she was going to do so because the state is sending her letters stating that they will take our son... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 16, 2021

Your son's mother has a difficult choice to make. If she accepts state assistance, the state will seek child support from you - and hopefully she disclosed to the state that she receives payments from you, otherwise she could be liable for criminal welfare fraud.

You, on the other...
Read more »

1 Answer | Asked in Child Support for Michigan on
Q: Can I represent my wife in a child support hearing against her ex-husband? I live in Michigan and I am not an attorney.

He filed a motion to have his back child support expunged and we want to respond to that motion in court.

Brent T. Geers
Brent T. Geers
answered on Oct 5, 2021

No. Unless you are a licensed Michigan attorney, you cannot represent anyone other than yourself in legal proceedings. You can assist your wife in hiring an attorney. Most counties have a legal assistance center that can provide assistance and service to her as well.

1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Michigan on
Q: I need a good divorce lawyer but looking for a Pro bono one, I'm disabled and have no income.

My husband controls all financial decisions in our lives. I'm also in poor health I can't drive so that's a problem when meeting lawyers or paperwork I need, husband thinks it's funny.

Brent T. Geers
Brent T. Geers
answered on Oct 4, 2021

Contact your county's legal aid office. Your chances of finding an attorney outside of legal aid to take on a divorce case pro bono is slim to none.

1 Answer | Asked in Civil Rights, Child Support and Employment Discrimination for Michigan on
Q: Are nt my civil rights being violated when conditions are forced that disable my career potential (20 yrs now)?

My life has definately been distorted by courts holding driving license, garnishing wages, jailing me.

Brent T. Geers
Brent T. Geers
answered on Sep 27, 2021

Interesting argument, but no. First, there is no constitutional right to a driver license. Second, your right to due process affects that and everything else. Importantly, you had notice, and likely opportunity to object and show why the action is wrong.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: My son in law moved from Alabama 3 years ago and has a 4 year old son, whom the mother is insisting he abandoned him.

He speaks to his son 3 to 4 times a month but she is pushing for a ridiculous amount of child support but in order for him to spend time with his dad, he has to drive to Alabama. If he is paying child support of anything before court ordered, does she has the right to demand he cannot spend the... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 23, 2021

You, or he, should consult an attorney in Alabama. Generally, though, parenting time is not contingent on child support. You don't get to spend time with a child just because you pay child support anymore than you can be denied spending time because you don't pay. But your son in law... Read more »

1 Answer | Asked in Child Support for Michigan on
Q: My child has state insurance and his mom said the court is making her file for child support though she does not want it

If she tells the judge not to take child support from me because she does not want it or need it will they listen or will they still press for child support?

Brent T. Geers
Brent T. Geers
answered on Sep 20, 2021

When a child receives state assistance, the state will seek and enforce a child support order. What the mother wants or says to the judge is of no affect.

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