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Michigan Child Support Questions & Answers

1 Answer | Asked in Child Support and Family Law for Michigan on

Q: North carolina pays for my ex wifes childcare and healthcare but i have to pay her for it through FOC is this legal?

Brent T. Geers answered on Aug 20, 2019

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.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on

Q: The mother of my 3 year old daughter is trying to take me to court so my daughter will no longer be able to see my

My fiancé is that even possible?

Brent T. Geers answered on Aug 20, 2019

It's possible. Especially if your fiance has any substance abuse or criminal history.

1 Answer | Asked in Child Support for Michigan on

Q: My fiancé is paying support for a child that isn’t his but he signed the birth certificate. How can he stop payments?

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?

Brent T. Geers answered on Aug 20, 2019

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 »

1 Answer | Asked in Child Support for Michigan on

Q: My fiancée is in jail for child support, they didn’t give him time just to pay the bail in cash on all 3 cases! Can I us

Use a bondsman to get him out

Brent T. Geers answered on Aug 20, 2019

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.

1 Answer | Asked in Child Custody, Child Support and Immigration Law for Michigan on

Q: Looking for a Spanish speaking family and immigration lawyer for a case in Pontiac.

Patricia C. Wall-Santiago answered on Aug 19, 2019

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 »

1 Answer | Asked in Family Law and Child Support for Michigan on

Q: Hello I have a show cause contempt hearing for child's support for a should I get a lawyer

When I go to court could I go to jail

Kenneth V Zichi answered on Jul 25, 2019

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 »

1 Answer | Asked in Child Support for Michigan on

Q: What is my child's father chances of getting child support lowered?

He lost his job back in Feb just completely stop paying about a month ago. He doesn't spend time with our daughter or see her at all. He asked the courts to modify his payments

Kenneth V Zichi answered on Jun 19, 2019

Assuming he lost his job through no fault of his own, chances are pretty good his support will be modified.

You need to have someone representing you at the Friend of the Court hearing/Divorce court hearing to insure the whole situation is explored, and the possibility of increasing the...
Read more »

1 Answer | Asked in Child Support for Michigan on

Q: Who would receive more in child support? The mother whom filed first or the mother with the oldest child?

I have a 6 mo th old and filed for child support in March and got a hearing for July. But the other mother filed last week and has a hearing next Monday. Her daughter is older that my son. So I am wondering if she will end up getting more even though I filed first.

Brent T. Geers answered on Jun 12, 2019

It doesn't matter. The child support formula applicable in all cases will account for other support cases. But the actual amount owed in any case is determined by the factors present in each case, specifically your income, his income, the parenting time arrangement, and any child care of health... Read more »

1 Answer | Asked in Child Support for Michigan on

Q: I am facing a felony non payment child support, what possibilities do I have to stay out of jail?

I am in Pontiac, Michigan. I’ve been arrested, had arraignment, posted a $5,000 cash bond and have a PCC next week. I’m trying to figure out if I will have options to make a “purge” payment or set up payment plan, set up wage garnishment or any other options to help keep me from going to... Read more »

Brent T. Geers answered on May 15, 2019

Talk with your attorney (you should have been appointed one, and you can always hire one of your own choosing). Without knowing your history, and what your judge tends to view these matters, it's impossible to say what will happen. For sure jail is an option. But I've seen several times where... Read more »

1 Answer | Asked in Child Support for Michigan on

Q: My son is 9. child support not been raised in 8 years. I make 12.00 hourly he makes 28.00 hourly. He is with me 60% time

He has him 40% time. But hes in tutoring, extra curricular sports and it's expensive yet the court turned down my request for more child support. Why?

Brent T. Geers answered on May 15, 2019

Child support is calculated not only on the amount of time each parent has the child (more specifically, the number of overnights), but also the disparity of income between the two parents. Child support does not "grow" with the child.

Unless either of your incomes substantially change, or...
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1 Answer | Asked in Family Law and Child Support for Michigan on

Q: My fiancé was with someone about five years ago. She got pregnant, they were never married she left and disappeared.

He didn't know that the child was born or when, never signed a birth certificate, he knew nothing of her until she was 2 1/2 and the mom reached out to him wanting him in the girls life and wanting no money. she didn't get what she was hoping out of the situation so she pulled the little girl from... Read more »

Brent T. Geers answered on May 6, 2019

Your fiance could be obligated to pay support going back to the filing of the paternity action AND the child's birth expenses if provided through state assistance.

In a paternity action, the court is not concerned about the relationship - or lack thereof - of the parties. What matters is...
Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on

Q: How does the friend of the court work in regards to paternity, custody, and child support?

I am currently wanting to leave my husband due to physical, mental, and emotional abuse. We have two children together one that is 16 months and the other that is 2 months. He didn't sign the birth certificate for the 16 month old when she was born and we were not married when I had her. We were... Read more »

Brent T. Geers answered on Apr 17, 2019

The 2-month old's paternity is clear: he or she was born during the marriage and so your husband is by default the father whether he acknowledges it or not. The paternity of your oldest child is less clear, and you may eventually need a court ordered DNA test if your husband challenges paternity.... Read more »

1 Answer | Asked in Family Law, Child Support and Divorce for Michigan on

Q: Divorced 1 yr, joint custody, I pay CS. Ex's pay has increased and we now have same salary. Can I request CS mod in MI?

My ex wife and I share 50/50 custody, however I pay child support because I was making more than her at the time of our divorce. We have been divorced one year. Is it too early to request a review for a child support modification? I reside in Michigan

Brent T. Geers answered on Apr 8, 2019

The threshold for a modification is whether any change of circumstance would change the support amount by more than $50 or 10%. The state offers a free online child support calculator that you can input your numbers to see if you would meet the criteria.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on

Q: Had a one night stand with a lady she says she's pregnant now an im the father to the unborn child I want nothin to do

With the child or the mother how to solve my question as to can she come after me if I want nothing to do with her or the child am I'm gonna have to pay child support down the road I don't want nothin to do with her or the child

Brent T. Geers answered on Apr 1, 2019

The one thing you cannot get out of is child support if its determined that you are the legal father. Whether you are involved with the child (and the mother) is ultimately up to you.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on

Q: Will the court reduce my CS Obligation (Michigan) (Genesee County)

I was making $15hr and moved to Texas currently making 12hr, I'm forced to work all my off days as overtime just to pay the obligation and rent with barely any money left after, not to mention it takes a toll on my body not having any off days, I get my children for the summer court ordered and... Read more »

Brent T. Geers answered on Mar 26, 2019

You may ask the Friend of the Court for an income review.

1 Answer | Asked in Child Support for Michigan on

Q: If there is now a felony non support bench warrant out from the attorney general what happens to the original FOC case

10,500 dollars in arrears, I filed for felony non support it was granted, two counts of non support with a bench warrant out for arrest las t week, but the FOC has a date for a show cause hearing, in May which case has precedence now, the foc hasn’t done anything as far as making him make any... Read more »

Brent T. Geers answered on Mar 23, 2019

Child support enforcement is almost exclusively in the Friend of the Court's hands. In other words, you do not get to determine the "how" and "when" things happen. Each Friend of the Court office has internal policies regarding enforcement actions.

Rest assured, the arrearages won't go...
Read more »

1 Answer | Asked in Child Support for Michigan on

Q: I got sentenced to 15 months in prison, my child support added up the 15 months I served.

Is there any action I could take to get the amount that added up while incarcerated removed? I was never given a fair opportunity to pay. The person I’m talking to said I would have had to call to inform them that I was incarcerated, my biggest question was how, I did not have access to a free... Read more »

Brent T. Geers answered on Mar 7, 2019

The obligation to inform the Friend of the Court is with you. It does not matter that they found out through other means. Technically, the notice you're required to provide indicates that not only are you incarcerated, but that you also have no ability to pay. While rare, there are people... Read more »

1 Answer | Asked in Family Law and Child Support for Michigan on

Q: Can you file identity theft for the mother stealing your identity putting you on child support for a kid that's not your

Brent T. Geers answered on Mar 5, 2019

That is not identity theft. The mother identified you as the father. Identity theft would be if she identified a man as the father, and that man went to court saying that he was you and provided them with all your information.

Your remedy is to challenge paternity.

1 Answer | Asked in Child Support for Michigan on

Q: If my wife and I agree to a divorce settlement with joint custody and no child support, can the judge change it?

Or do judges typically go with settlement agreements if the parents are in agreement and no state funds are involved?

Brent T. Geers answered on Mar 5, 2019

Under your set of facts (e.g. no state funds involved), a judge would likely go along with the settlement agreement. Judges, though, have an obligation to ensure that even an agreement is fair and equitable to both sides. It sounds like yours is.

1 Answer | Asked in Child Support for Michigan on

Q: I dont receive assistance but my child does receive Medicaid. Can they force him to pay support if I say I don’t want

The father signed the birth certificate but lives in another state. We have our own arrangements as far as him providing for his daughter

Brent T. Geers answered on Feb 7, 2019

The state will not ask first, they will impose a child support order calculated by the Michigan Child Support Guidelines. There is no negotiating as to the amount.

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