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Michigan Child Support Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Michigan on
Q: The question is long so its in more info plz help

If my ex and i presumably have a child, and she was married had the husband sign the birth certificate with out my knowledge, and ive been sending money to help support and I find out the child is is not mine would I be able to sue to get money that I sent for presumed child if i have records ?

Brent T. Geers
Brent T. Geers answered on Sep 15, 2021

Doubtful. It sounds like at this point you are sending her money out of the goodness of your heart and not pursuant to any order - in other words, the money you gave could be considered a gift. The law presumes that each party performs due diligence, and it doesn't sound like you took any... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: What are a father's rights while separated with only verbal agreement on visitation
Brent T. Geers
Brent T. Geers answered on Aug 26, 2021

Depends on if you are married. If not married, then the father needs to establish paternity before any parenting time or custody will be ordered or enforced.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: The mother of my child Is very uncooperative

The mother of my son name is Cassandra, she has 2 children David is her oldest son he is 6 now. The child we have together is 2 years old now, His name is Liam. Cassandra and I was in the room talking December 2018, with the door open and David was In the living room playing with his toys. He never... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 21, 2021

It's unnecessary an inappropriate to mention full names on a public forum like that. But it sounds like you may need to file a motion with the court where the mother and children live. Since you are the father to only the two year old, that's the only child the court can consider.... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for Michigan on
Q: I've had my son living with me fir 4 months now and i want custody she has no job no home no way yo take care of him
Brent T. Geers
Brent T. Geers answered on Jul 22, 2021

You should file a motion for a change of custody.

1 Answer | Asked in Child Support for Michigan on
Q: I already have one child support case. Another was added. Different mother. My childsupport has doubled.

If I go for a modification will they lower it at all?

Brent T. Geers
Brent T. Geers answered on Jul 14, 2021

Not necessarily. Whenever you request modification, the support amount can decrease, increase, or stay the same, depending on the findings for the relevant factors for child support calculations. If you want to see for yourself what to expect, there is a free online child support calculator that... Read more »

1 Answer | Asked in Child Support and Family Law for Michigan on
Q: In Michigan, Does child support start at birth, or when paternity is established, or when the paperwork gets filed?

I am Canadian, my son's father is American. Support is being handled in Michigan, and custody in Ontario. Friend of the court said it's only valid from the time filed. So essentially, he's absolved of his parental responsibilities for the first 12 months of his life? When the... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 12, 2021

Support would go back to when the action is filed; birth expenses - if the state paid for it, are separate and in addition to support.

The family courts mostly continued through COVID. Even if your particular court could not conduct a hearing - most made the transition to ZOOM hearings...
Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Communications Law for Michigan on
Q: A girl I hooked up with may be pregnant, she won’t involve me or tell me if she is pregnant. What can I do?

I am a 23 year old EMT and she is a 39 year old ER nurse. Despite my effort she will not confirm with me if she is pregnant. She only tells me that she is “handling it”.

Brent T. Geers
Brent T. Geers answered on Jun 24, 2021

Why do you think she is pregnant? And if she is, why do you think it's by you? There is a process to establish paternity before birth, but you'd need a whole lot more than a feeling she is pregnant. And she would otherwise be able to "handle it" as she sees fit anyway.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: In Michigan I’m delinquent on my child support payments does that affect the court ordered visitation agreement?
Brent T. Geers
Brent T. Geers answered on Jun 21, 2021

No; child support and parenting time are different. You don't get or be denied parenting time due to child support obligations.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: Do I need a lawyer to file for emergency full custody of my son? My sons father has an open dv case against me

He is battling mental health issues and knows the only way to hurt me is to take my son. I am worried for him to be alone with my son. He does not help financially at all and uses it to threaten me to give him my son if I need help.

Brent T. Geers
Brent T. Geers answered on Jun 9, 2021

Yes, you need a lawyer, especially if you are seeking full custody, and on an emergency basis at that. It is unclear by your question which of you is the alleged perpetrator.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: If there has never been legal custody or child support determination and years later a father files will he owe backpay?

My boyfriend and the mother of his child were never married and have always worked out visitation between themselves and he gives her money as he can. Lately she has been denying visitation and not allowing his daughter around our other children. We want to file and get a set legal visitation... Read more »

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

Your boyfriend should really talk with a family law attorney beforehand. An unstated issue in all this will be whether any birth expenses were paid by the state. If so, that could generate a significant amount owed. Otherwise, your boyfriend's first cause of action would be to establish... Read more »

1 Answer | Asked in Child Support for Michigan on
Q: Trying to find info or a form to help my fiancee and I with intact family. Trying to get our child support canceled.

My fiancee and I took a 2 year break a couple years ago. Never married but been together now for 14 years total. Both where forced to pay not only child support but pay off our sons birth experience even though our son had full coverage through DHS. Now that we are back together and been together... Read more »

Brent T. Geers
Brent T. Geers answered on May 25, 2021

You will need to make contact with the Friend of the Court office for your county (where your case originates). Every county is a bit different, and each county will have it's own forms. But generally, you'll need to submit paperwork attesting that you two are living together. DHS records... Read more »

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: Can I change my plea from No Contest to Not Guilty in my CPS case before the disposition hearing in Michigan?
Brent T. Geers
Brent T. Geers answered on May 24, 2021

If you've already entered a plea at the adjudication, then you'll need to work with your attorney about possible appeal options. But generally, you cannot just change your mind (and your plea).

1 Answer | Asked in Child Support for Michigan on
Q: my daughter is 1 no longer lives in my house and is with her father. Will they dismiss him having to take paternity test

My daughter Is 1 years and has been receiving Medicaid through the state. I recently signed up for food assistance for my son (separate father) and surprisingly today my daughters father was served papers to take a paternity test for possible child support and she was t on my case did food. My... Read more »

Brent T. Geers
Brent T. Geers answered on May 19, 2021

Possibly. It could be averted by both of you signing an acknowledgment of paternity perhaps.

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: Can the mother sue me for child support if I don’t establish paternity?

I have an 18 week old baby on the way. I want nothing to do with it and I don’t want to establish any paternity rights. Can she take me to court after the baby is born for child support?

Brent T. Geers
Brent T. Geers answered on May 18, 2021

Yes. And if the state funds any of the birth expenses, expect them to come after you.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Michigan on
Q: Can I report a tribal judge for not ruling according to their own laws?

Tribal judge has followed laws to rule favorable for native individual in family court, but when the EXACT (and I mean EXACT) situation was reversed and would have been ruled to favor a white person, completely ignored and ruled the other way. Did not follow tribal code for what things to take into... Read more »

Brent T. Geers
Brent T. Geers answered on May 6, 2021

You should speak with an attorney versed in the Indian Child Welfare Act (ICWA) and Michigan Indian Family Preservation Act (MIFPA). Bottom-line up front is that different rules apply with native american children and families.

1 Answer | Asked in Child Support for Michigan on
Q: Will I be charged for child support since my girlfriend and I cannot afford to get married yet and she’s on Medicaid??

My girlfriend is on Medicaid in Michigan and we are about to have our first baby. I just graduated college and am looking for a full-time job. In the meantime while we save up for a place of our own we are staying with her parents. I read that the state of michigan charges the father some amount of... Read more »

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

Yes, if Medicaid pays for the birth expenses, you will get a bill at some point. You may want to rethink holding off on marriage if your girlfriend is the person you intend to marry at some point any way. It may be cheaper for you in the long run to marry now. You also want to be sure your... Read more »

1 Answer | Asked in Child Support for Michigan on
Q: My ex is currently on child support for our son. I just had a another baby by him. Will support be lower?

If I add this baby will child support be lower? He wants nothing to do with this baby

Brent T. Geers
Brent T. Geers answered on May 3, 2021

An additional child generally causes an increase in support obligation. Doesn't really matter is the father wants anything to do with the baby. And if you or the child receive any public assistance, there will be a support obligation unless he can prove he is not the father.

1 Answer | Asked in Family Law, Tax Law and Child Support for Michigan on
Q: My children's father the non-custodial parent filed for my children at tax time even though they don't live with him

I'm worried he's going to get all of their stimulus money plus the child tax credit that will soon to come out every month he owes at least 5,000 in back child support all three of our children live with me full time I'm worried that he's going to be getting all of their money... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 17, 2021

Is there a child support order? If so, you may need to address some of this with the friend of the court. You may also need to make a motion in court about the stimulus money and to make clear who can claim the children for taxes.

1 Answer | Asked in Child Support for Michigan on
Q: How do I get my passport back? I was found disabled and receive SSI. I hear I no longer have to pay.

I have been paying on my arearage for the last four years. My passport was suspended. I understand I no longer have to pay my child support when receiving SSI. How do I get my passport back for if and when I ever do want to go to Canada or somewhere? My daughter is now 30 and I have grandkids. If I... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 15, 2021

Arrearages almost never go away, and until those do, your passport will likely remain suspended. Best thing you can do is contact the Friend of the Court to see what can be done.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: My son's child support order says parenting time is reserved. What exactly does that mean? From state of Michigan.

He has joint legal custody also

Brent T. Geers
Brent T. Geers answered on Feb 11, 2021

Is it parenting time or child support that is reserved? Ordinarily, it would be the child support. Regardless, that language means that either party or the court can revisit that decision.

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