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Michigan Child Support Questions & Answers
1 Answer | Asked in Child Support for Michigan on
Q: How to get out of my ex paying child support?

My son was just born a little over two weeks ago. His father and I have not been together for almost 5 months. In January, he quit his job and started spending all of his money an alcohol and marijuana. He has a dui and his license is suspended. He already has two child support cases and does not... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 12, 2020

It doesn't sound like you'll have a choice in the matter on two fronts: 1) whether your ex pays child support, and 2) whether he will see your son.

Whether your ex incurs a child support obligation or not, it doesn't mean he will be an active part of your son's life...
Read more »

1 Answer | Asked in Child Support for Michigan on
Q: In Michigan if both parties have 50/50 custody, equally pay health & childcare. Can support be dropped if both agree?

We both have them equally we both pay child care and healthcare equally without state help. Can we have child support dropped completely because when i pay it she just gives it back to me anyways because she feels that its unfair because we take care of them the same amount.

Brent T. Geers
Brent T. Geers answered on Jul 30, 2020

You likely can; each of you should consult with an attorney to see if modifying the support order or opting out of FOC services is appropriate.

1 Answer | Asked in Child Support for Michigan on
Q: My question is I'm behind on child support can they take child support money from my other daughter that receives
Brent T. Geers
Brent T. Geers answered on Jul 24, 2020

Mathmatically, it won't make a difference. If your support obligation is $100 to each child, you owe $200 total each month. If you can only pay $100 a month, you are accruing $100 a month in arrearages each month, and enforcement actions would be taken on that amount regardless of in what... Read more »

1 Answer | Asked in Child Support for Michigan on
Q: I am planning to move to Canada. Before moving how I am supposed to tell the court about it and how will I start

I am planning to move to Canada. Before moving who should I contact to inform and how will I start paying child support once I am employed. Also if I give up US citizenship and acquire Canadian citizenship, am I still supposed to pay child support?

Brent T. Geers
Brent T. Geers answered on Jul 23, 2020

You would need to contact the Friend of the Court in the county your case originates from. You will still have a support obligation. Most countries have agreements where they will enforce "foreign" orders, which this would be to Canada.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: How much time is considered reasonable notice/time for my ex to let me know he wants the kids for a weekend?

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?

Mechelle Woznicki
Mechelle Woznicki answered on Jul 5, 2020

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.

1 Answer | Asked in Child Support for Michigan on
Q: Does friend of the court have to include the calculation worksheet with each child support recommendation?

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 »

Brent T. Geers
Brent T. Geers answered on Jul 2, 2020

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 »

1 Answer | Asked in Child Support for Michigan on
Q: I am up for Child Support review, the other parent has never worked is there anything i can do or write to help my case?

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?

Brent T. Geers
Brent T. Geers answered on Jul 2, 2020

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 »

1 Answer | Asked in Child Support for Michigan on
Q: In Michigan when a spouse takes the other spouse off child support can that spouse put him back on?
Brent T. Geers
Brent T. Geers answered on Jun 17, 2020

Yes. Child support is for the child. If the child has a need for support, a child support order can go back into effect.

1 Answer | Asked in Banking, Child Support, Estate Planning and Family Law for Michigan on
Q: I live in michigan and have family court questions that the courthouse couldn’t answer. Who can i call to get answers.

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.

Kenneth V Zichi
Kenneth V Zichi answered on Jun 16, 2020

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 »

1 Answer | Asked in Child Support for Michigan on
Q: How can I NOT have my baby's father put on child support when the baby is born??
Brent T. Geers
Brent T. Geers answered on Jun 15, 2020

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.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: I been with him for 25 yrs..he was 21.. I was 13. Ive had 4 kids w him since 15. Will i get alimony?spousal??

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.

Brent T. Geers
Brent T. Geers answered on Jun 11, 2020

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 »

1 Answer | Asked in Child Custody, Child Support and Juvenile Law for Michigan on
Q: Can a 12 year old boy be represented in the court by someone that’s 15 years old even if there is a legal attorney?

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 »

Brent T. Geers
Brent T. Geers answered on Jun 2, 2020

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 »

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: Can a mother give up custody to father without going through long process?

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 »

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

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.

1 Answer | Asked in Child Support for Michigan on
Q: He gives me $ for baby, so how can I keep him from being put on child support

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 »

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

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 »

1 Answer | Asked in Child Support for Michigan on
Q: MY SON GOING THROUGH A BAD CHILD SUPPORT , THEY KEEP PUSHING COURT DAY BACK CAUSE OF THIS COVID-19, THE STATE OF MI.

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.

Brent T. Geers
Brent T. Geers answered on May 12, 2020

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 »

1 Answer | Asked in Child Support for Michigan on
Q: Can a Friend of the Court Judge just cancel all arrearages owed to someone because the defendant has limited income?

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 »

Brent T. Geers
Brent T. Geers answered on May 10, 2020

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.

1 Answer | Asked in Child Support for Michigan on
Q: Can I get taken off child support if I’m not the father I signed the bc when the child was born before we married

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.

Brent T. Geers
Brent T. Geers answered on May 5, 2020

Probably not, especially without cooperation of your ex wife and who would be the actual father.

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: My brother in law is paying child support arrears on a child that is over 30 years old. However, he is experiencing a to

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?

Brent T. Geers
Brent T. Geers answered on May 1, 2020

He will need to file a motion with the Friend of the Court.

1 Answer | Asked in Child Support, Family Law and Tax Law for Michigan on
Q: Can a husband legally withhold $ from a joint tax return or stimulus payment from his wife?

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 »

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 30, 2020

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 »

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: I'm making more money and I want to have an idea of what my child support will be once it is reevaluated?

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 »

Brent T. Geers
Brent T. Geers answered on Apr 28, 2020

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 »

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