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Michigan Child Support Questions & Answers

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...
Read more »

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.

1 Answer | Asked in Child Support for Michigan on

Q: Why does my son have to pay child support to the mom when she hasn't had their child in 5 years but she gets the money?

Brent T. Geers answered on Feb 3, 2019

The obligation to financially support a child is independent of the right to have a parental relationship with the child through custody and parenting time. Child support is quite bluntly, a formula; you plug in some numbers and out comes a payment amount. All things being equal, the best, most... Read more »

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

Q: Do You Help with custody battles with parents who can't Co-parent with Thier Children's

Brent T. Geers answered on Jan 12, 2019

Your question is the essence of custody disputes heard everyday in courts. Without agreement, you'll need to be prepared to litigate the matter.

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

Q: My son is 8 years old. His biological father is aware that the child exists but is NOT on the BC or signed an affadavit.

The Biological father moved out of state. If he comes back would he be ordered to support from the child's birth? State assistance was used for my son's prenatal and birth care. I am looking at getting married and doing a step parent adoption. I believe I would have to given him legal rights then... Read more »

Brent T. Geers answered on Jan 12, 2019

Quite likely, yes. That aside, it would seem that you could still proceed with a step parent adoption, having his rights terminated for non-support.

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

Q: I recently had the state of michigan take all my money out of a checking and savings account. Leaving me with nothing.

I owe 25.000 in back support between 2 kids. Is it legal to leave me nothing to live on. I am working and support is taken out of my check. I live in michigan

Brent T. Geers answered on Dec 10, 2018

Yes it is legal. The state apparently filed and received a garnishment on your bank account. Whatever was in your account is gone.

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

Q: How can I get a court order for the other parent to do a dna test if he is in prison?

Brent T. Geers answered on Dec 8, 2018

By your question, I assume you believe this person is the father of a child. First step is to file a paternity case in the county you live in indicating that you believe this person is the biological father. He will then have the opportunity to affirm or deny that allegation. If he denies it, the... Read more »

1 Answer | Asked in Child Support for Michigan on

Q: If i signed off and let my x husband not pay child support, can i go back to court and get him to pay "back" child

support?

Brent T. Geers answered on Nov 12, 2018

If you signed off or waived arrearages, you cannot go back and ask for all that money now.

1 Answer | Asked in Child Support for Michigan on

Q: If I'm paying child support out of my paycheck, and I open up a bank account, will child support take that money also?

I'm behind in support but it comes out of each paycheck.

Brent T. Geers answered on Nov 12, 2018

If the Friend of Court is already accounting for your arrearages in the amount they are taking from your paycheck, then I think you'll be okay opening an account. Just know that at anytime, they could garnish it when you don't pay as agreed.

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

Q: I’ve recently changed jobs & the cost for childcare has increased. Is the other parent required to pay half

I have sole legal and physical custody and her father has zero overnights. My pay was increased as well. So I’m wondering if it’s beneficial for me to go back to court to have at the very least, the child care adjusted as it has almost tripled. I am afraid if I try to change the support order I... Read more »

Brent T. Geers answered on Nov 12, 2018

You rightly identified the Catch 22 here. It wouldn't hurt for you to run the numbers of the online child support calculator to see how things might change just to be sure. But as you appear to realize, when you ask to recalculate support, it can go up or down.

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