Lawyers, Answer Questions  & Get Points Log In
Michigan Child Support Questions & Answers
1 Answer | Asked in Child Support for Michigan on
Q: If I'm not on my child's birth certificate am I still obligated to pay support
Brent T. Geers
Brent T. Geers answered on Dec 10, 2019

You could find yourself liable for child support at some later date. If the mother receives any public assistance for the child's birth, the state will initiate enforcement actions against you.

1 Answer | Asked in Child Support for Michigan on
Q: Can the foc make you pay for back child when the person thats supposed to get the money is dead

I'm being made to pay child support and being taken to court and had a court case 4 back child support that I owe to a lady who is no longer living

Brent T. Geers
Brent T. Geers answered on Dec 7, 2019

Yes. Child support is for the child, not the parent. Understandably, it doesn't seem like it in most cases. But in FOC's eyes, you owe that money to the child, not the deceased parent.

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: Through home paternity test I learned that my son (17) is not mine. I have full custody as bio mom lives in another

State and does not pay any required child support. Is there any legal action I should consider taking.

Brent T. Geers
Brent T. Geers answered on Dec 7, 2019

Not really. The Revocation of Paternity Act essentially has a 3 year time bar. At 17 years old, your case is well beyond that. And with you having full custody, I would imagine even if some form of relief were possible to get in front of a judge, a court would find that it's in the child's best... Read more »

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Filed CS in june after 91 days received papers stating they were dropping my case,my ex couldn’t be served what do I do?

I gave the courts correct address for him but he evades (never answers door, has wife answer for him and say she doesn’t know him or he doesn’t live there).He was recently jailed for about 20+ days will I receive a payment from the courts? We also have 2 children (he signed both birth certificates

Brent T. Geers
Brent T. Geers answered on Dec 5, 2019

You'll likely need to refile and try serving him again. This time, you might want to use a process server. They deal with tough-to-find people all the time.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: in the state of mi can a mother keep the child from the father because child support has not been paid
Brent T. Geers
Brent T. Geers answered on Nov 22, 2019

Absolutely not. Child support does not buy parenting time.

1 Answer | Asked in Child Support for Michigan on
Q: Father of child denied the relief sought for child support.

The father and I haven't been together months prior to her being born, but because she is on state aid(medical insurance etc) the state filed for child support. Paternity has been established but he denied the request to collect what the state said he owes. Am I, the mother of the child, required... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 18, 2019

Ordinarily, no. The issue of child support at this stage is between him and the state, represented by the prosecutor's office. If he is the father, which you say has been established, and the child is receiving state aid, then he is going to have a child support obligation.

1 Answer | Asked in Child Support for Michigan on
Q: If Ex owes back support to foc and I put a lien on a settlement of his, can foc take anything owed to me?

He owes 35000, before I filed lien I spoke to 2 attorneys and foc and was told what he owes in back support to me is separate from what he owes the state. Now the foc judge said at his last hearing that if they collect anything from lawsuit, it would 1st go to pay the state and then pay the... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 31, 2019

That would most likely be correct. His obligation to the state takes priority to any obligation to you.

1 Answer | Asked in Child Support for Michigan on
Q: Fiance was on Adc(welfare) with girlfriend.they had 2 kids he supported them under table jobs.both kids are over 18yrs.

Michigan Foc is taking support from just him.and gf is getting $$ for herself.no marriage involved.what can he do to stop this

Brent T. Geers
Brent T. Geers answered on Oct 27, 2019

Is he trying to stop his child support obligation? To the extent he owes arrearages, that's not going away. To the extent that he was financially supporting the girlfriend, and she wasn't reporting that for state assistance, she may have committed welfare fraud; but that doesn't negate his child... Read more »

1 Answer | Asked in Child Support for Michigan on
Q: How does it work if you have 2 children one decided after 17 years to go live with the other parent

The other parent is now asking to remove child support or “call it even” now they have one and I have one kid.... the thing is I make more money and the child I have with me is 16... what will the judge say?

Brent T. Geers
Brent T. Geers answered on Oct 20, 2019

You may want to connect with a local family law attorney or run the numbers yourself on Michigan's child support calculator. You may find that "calling it even" is actually in your best interest since you make more money.

1 Answer | Asked in Child Support for Michigan on
Q: I submitted a request for child support in March 2019 in Michigan. Still no word. Do I need a lawyer? Thanks. A Mom.

Currently the MI website says "Your application for this case is being processed. The Ask a Question feature will become available to you once the application reaches the Prosecuting Attorney." How do I find out what is going on? How long does it take? Getting very low on funds. Any help is... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 16, 2019

Has paternity been established? If not, that could explain the delay.

1 Answer | Asked in Child Support for Michigan on
Q: Both of my children now over 18. Ex owes over $26,000 in back child support. FOC no help. How do I collect?
Brent T. Geers
Brent T. Geers answered on Oct 11, 2019

This is a tough one, but I believe your now-adult children would need to sue. Child support is for the child's benefit, not the other parent, and so they would (likely) be the proper plaintiffs.

1 Answer | Asked in Civil Rights, Constitutional Law and Child Support for Michigan on
Q: how does title 42 not violate my constitutional rights?
Gary Kollin
Gary Kollin answered on Sep 27, 2019

why do you think it violates your rights?

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
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
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
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
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
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
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
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
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 »

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.