Lawyers, Answer Questions  & Get Points Log In
Michigan Child Support Questions & Answers
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.

1 Answer | Asked in Child Support for Michigan on
Q: Me and my sons father are split up and we have 50/50 how do I go about making him pay child support
Brent T. Geers
Brent T. Geers answered on Jan 7, 2021

Have you or him filed anything with the court? If you did, that would trigger a child support evaluation and order. Child support is based on what's on paper, not necessarily what you guys are doing.

1 Answer | Asked in Child Support for Michigan on
Q: Do women ever pay child support. Because my ex hasn't seen her son in 3 years. Im paying her now?
Brent T. Geers
Brent T. Geers answered on Jan 7, 2021

Yes, women do pay child support. Child support does not magically change unless someone goes to the friend of the court of the judge and explain why it should change. If your ex hasn't seen the child, I assume you are the child's full time provider. You should be filing a motion with the... Read more »

1 Answer | Asked in Tax Law, Child Custody, Child Support and Gov & Administrative Law for Michigan on
Q: I'm on disability and do not have taxes to file. How do I get the child stimulus money if the dad received it already?

The father claims our 1 child the past few years due to my disability and no taxes to file. I've never signed an 8332 tax form for him to claim the child. We never married either. We do not have any agreement through court for who claims our child on taxes. I read that the custodial parent is... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 7, 2021

You will likely need to file a motion in court to get any money back. Here's the thing: the IRS doesn't know what the custody status is of any particular child. They do match social security numbers, and that's how they catch people fraudulently claiming dependents: two people claim... Read more »

2 Answers | Asked in Child Support and Family Law for Michigan on
Q: How to dismiss a child support case

My Children's mother and I have been taking care of our children seperately since 2017. I had lost my job in 2019, and I had health insurance through the health marketplace, and signed up to get health coverage for both of my youngest children. Not knowing that their health coverage would be... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 7, 2021

If the children are receiving state assistance, you cannot dismiss the child support case. The state, through the county prosecutor's office, will be involved and enforce a child support order.

View More Answers

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: My ex is pregnant again with her spouse but is requesting a review increase on the child support I pay. What can I do?

My ex and I share joint custody of our kids. I pay child support because she is on disability and her income is lower. She has been married for over 6 years, had surgery to untie her tubes, and is pregnant with their second kid. She just requested child support for our kids be reviewed and... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 31, 2020

Child support is determined on the basis of the ability to pay for both parents. The standard for modification is often a substantial and continuing” change, which can be caused by a change to either parent’s situation or both. As the last order appears to have been several years ago, it is... Read more »

1 Answer | Asked in Child Support for Michigan on
Q: Can you get child support if your child is living at home and is attending collage? Has collage expense
Brent T. Geers
Brent T. Geers answered on Dec 29, 2020

No, unless there is some other ordered agreement for post-secondary education.

2 Answers | Asked in Child Support for Michigan on
Q: Hello I was wondering if the judge ordered for my child father to pay child support can I tell them I dont want it
Paul Ylvisaker
Paul Ylvisaker answered on Dec 10, 2020

The answer is “it depends”. Parents have a legal dury to support their children. Funds paid for the benefit of the minor child are for the child, not the parent receiving. The Court will scrutinize any request to waive child support on the basis of (1) is the child being deprived of a standard... Read more »

View More Answers

1 Answer | Asked in Child Support for Michigan on
Q: I recently moved to Michigan from Alabama. I currently have a child support order and arrearage in Alabama.

I just got approved for Disability w/SSI. Can they take my Benefits? How to get modified/ suspended? What are my options? I was never married to the mom.

Paul Ylvisaker
Paul Ylvisaker answered on Dec 4, 2020

Social security benefits can be taken for both current and past due child support arrears. The amount that can be taken is limited by statute, but the percentage is high, relative to your benefit. Your options will all require court intervention. The court has the authority to lower or suspend... Read more »

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: does Michigan deal with out of state parents paying child support is everything done by the state that the payer's in?
Brent T. Geers
Brent T. Geers answered on Dec 1, 2020

Yes; the order remains with the originating state. The state where the payer is in will enforce the order. And as you might imagine dealing with multiple agencies in different states: keep receipts and an accounting.

1 Answer | Asked in Child Support for Michigan on
Q: If my ex has cancer and he passes away will the child support be paid still also how is the kids medical insurance paid
Brent T. Geers
Brent T. Geers answered on Nov 13, 2020

Child support would end; the child would be an heir and so would be entitled to at least some portion of your ex's estate. But if there is nothing in the estate, then it ends there. You would need to provide medical insurance. It's really no different than if your ex died while you were... Read more »

1 Answer | Asked in Child Support, Estate Planning, Real Estate Law and Probate for Michigan on
Q: My biological father passed away in 2001 still owing back child support.

I'm 38 his friend that was the cosigner on his house passed july 2020. Can me and my adult sibling sue her estate for back child support Michigan since after he died it went to her they weren't married

David Soble
David Soble answered on Oct 29, 2020

This is really not a real estate matter, but more or less a divorce or family law matter.

1 Answer | Asked in Child Support for Michigan on
Q: Daughter wants divorce and joint custody. 2 children. Husband refuses to work. Will she have to pay child support?

She wants the divorce due to his failure to provide for last several years. She has necessarily been the sole support of the household. What options does she have? Can she file for sole custody to avoid supporting this bum?

Brent T. Geers
Brent T. Geers answered on Oct 21, 2020

Child support is for the child and the guidelines used to calculate it largely take into account the number of overnights each parent has with the child and the disparity in income. The number of overnights - mostly construed to be parenting time - are governed by a different set of factors.... Read more »

1 Answer | Asked in Child Support for Michigan on
Q: If you pay child support, are you still obligated to see the child? And have visitation?
Brent T. Geers
Brent T. Geers answered on Oct 9, 2020

Child support and parenting time are two separate issues. Child support proceeds regardless of parenting time.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: Can I request child support to be re-calculated and back dated?

Ex wife didn't inform the court of her new job almost 2 years ago and her hourly rate came up significantly and we pretty much made the same amount. So continued to collect child support based on her lower wage amount. Can I ask it to be recalculated and back dated to when she got her new job?... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 7, 2020

It would depend on how much the support calculation actually changes. Parenting time is a separate issue from child support; you do not get "credit" for your ex wife not allowing you visitation.

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Support and Public Benefits for Michigan on
Q: How do I reopen my case after we both agreed to have it closed because we were living together but aren't anymore?

The father of my 2 children and I had been together for 16 years. Living together for over 10, our eldest is 14. We both agreed to stop child support because it was OUR income/outcome but he recently moved out. He is on the lease/utilities and state grant (DHS), I am unable to provide a forwarding... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 27, 2020

Contact your county's DHS office or Friend of the Court; they will take it from there.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: I want to win my divorce and custody case between me and my wife.

She filed for custody and I sent back the questionnaire but divorce papers still have not been filed yet. I am in Oak Park Michigan. I have been married for 16 years and there are four minor children. My son lives with me. What is my next legal step? I already tried to get the case dismissed and... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 24, 2020

The case will not be dismissed if she is actively pursuing it. Under what grounds would the court have authority to dismiss it? You could file for divorce since she apparently hasn't yet. That should be your next step.

1 Answer | Asked in Child Custody, Child Support and Divorce for Michigan on
Q: Hi-My husband left me&our home. He got his own apartment. Do i file for legal separation? I didnt want this.

I cant afford our home bills on my own. He gave me 3 options: I buy the home from him, he stays at the home, or we sell and split any profit. I chose the later. I am now trying to move everything, figure out what is mine/his. Friends say i should file for legal separation, not sure if this is the... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 8, 2020

Legal separation will do everything a divorce does except make you legally divorced. You could do so to help bring some certainty to the economic situation. However, your husband could counter file for divorce. Michigan is a "no fault" state when it comes to divorce, and it only takes one... Read more »

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.