Michigan Child Support Questions & Answers

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

1 Answer | Asked in Child Support for Michigan on
Answered on Mar 7, 2019
Brent T. Geers' answer
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 incarcerated but with the ability to pay, and so incarceration alone does not automatically do anything. Not saying it's fair, but it is the way it is. You will quite likely need to enter a repayment agreement...

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

1 Answer | Asked in Family Law and Child Support for Michigan on
Answered on Mar 5, 2019
Brent T. Geers' answer
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.

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

1 Answer | Asked in Child Support for Michigan on
Answered on Mar 5, 2019
Brent T. Geers' answer
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.

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

1 Answer | Asked in Child Support for Michigan on
Answered on Feb 7, 2019
Brent T. Geers' answer
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.

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?

1 Answer | Asked in Child Support for Michigan on
Answered on Feb 3, 2019
Brent T. Geers' answer
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 involved parent pays the same amount as the parent who does nothing.

Custody and parenting time incorporate a whole host of other factors to determine what is in the child's best interest. Just...

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

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Answered on Jan 12, 2019
Brent T. Geers' answer
Your question is the essence of custody disputes heard everyday in courts. Without agreement, you'll need to be prepared to litigate the matter.

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.

1 Answer | Asked in Adoption, Child Support and Family Law for Michigan on
Answered on Jan 12, 2019
Brent T. Geers' answer
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.

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

1 Answer | Asked in Family Law and Child Support for Michigan on
Answered on Dec 10, 2018
Brent T. Geers' answer
Yes it is legal. The state apparently filed and received a garnishment on your bank account. Whatever was in your account is gone.

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

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Answered on Dec 8, 2018
Brent T. Geers' answer
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 court may order him to take a DNA test OR he would be presumed to be the father.

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

1 Answer | Asked in Child Support for Michigan on
Answered on Nov 12, 2018
Brent T. Geers' answer
If you signed off or waived arrearages, you cannot go back and ask for all that money now.

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?

1 Answer | Asked in Child Support for Michigan on
Answered on Nov 12, 2018
Brent T. Geers' answer
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.

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

1 Answer | Asked in Family Law and Child Support for Michigan on
Answered on Nov 12, 2018
Brent T. Geers' answer
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.

Q: Can child support end, if minor child is charged/convicted as an adult?

1 Answer | Asked in Child Support for Michigan on
Answered on Nov 1, 2018
Brent T. Geers' answer
Interesting question. If he were to be locked up on an adult charge, I would think at the very least, the Friend of the Court would need to weigh in as to whom and how much support is owed. It would not surprise me if both parents ended up sharing a child support obligation that would go directly to the state for reimbursement of his incarceration expenses. I'm sure a situation like this has come up before, but I've just never ran across it as an issue.

Q: What rights do I have if I pay child support? And how do I find out if I have legal rights?

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Answered on Oct 23, 2018
Brent T. Geers' answer
If you are ordered to pay child support, you are, most likely, determined to be the legal father of a child. With that comes the right to pursue custody and parenting time. However, that is on you to pursue and is not automatically given just because you are determined to be a legal father to a child.

Q: Mom took a phone away and won't give it back, and it was a gift to me?

1 Answer | Asked in Family Law, Child Support, Civil Rights and Constitutional Law for Michigan on
Answered on Oct 15, 2018
Brent T. Geers' answer
Sounds like there is some family dynamic issues going on that you should discuss with your mom. Aside from that, your mom is well within her right to take the phone away. Her house, her rules. If you are 18, or something like this happens after you turn 18, you could take the phone, leave, and find your own place to live.

Q: is it possible for me to take collection actions myself against my ex who owes me back child support or can only the FOC

1 Answer | Asked in Child Support for Michigan on
Answered on Oct 10, 2018
Brent T. Geers' answer
If the case is with the FOC, then they will do the collecting. They have more resources and power then you would civilly anyway.

Q: My child's father always supports our baby. We want to file for joint custody. I don't want child support. Possible?

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Answered on Sep 28, 2018
Brent T. Geers' answer
It's possible, especially if the child is not receiving state assistance. If there is state assistance involved, there will be a guidelines child support order in place to reimburse the state. That would be enforced by the state and neither of you would have a say in that.

Q: My brother was arrested for owing $50,000 in child support. What is the possibility of him doing jail/prison time?

1 Answer | Asked in Child Support and Criminal Law for Michigan on
Answered on Aug 20, 2018
Daniel Hilf's answer
A lot depends upon his Judge, your brother's prior record, and his sentencing guidelines. In most cases, the Court is more interested in payment. If the Court imposes a probationary sentence, they have an opportunity to hold jail or prison over his head if he does not make payments. He should hire a lawyer to help him, if he has not done so already.

Q: My son's girlfriend is pregnant. He and his girlfriend are living with me. I am paying all of the bills. Both have full.

1 Answer | Asked in Family Law and Child Support for Michigan on
Answered on Aug 7, 2018
Brent T. Geers' answer
It really depends on a number of factors, but most importantly whether the state provides any support for the mother or baby (doesn't sound like it does as they both work). Your son, though, should seek some local legal advice about this situation as there may be-as crazy as it sounds-very valid reasons for why he should seek a support order.

Q: My son turned 18 today. He lives with his mom in Missouri. I'm in Michigan. I've never seen him. Does my support end?

1 Answer | Asked in Family Law and Child Support for Michigan on
Answered on Aug 7, 2018
Brent T. Geers' answer
You should look on the Uniform Child Support Order for any particular provisions, but generally if he is still in high school, you'll continue support until he graduates or turns 19 1/2 years old. It makes no difference whether you've seen him.

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