Michigan Child Support Questions & Answers

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.

Q: Can someone who is paying child support and owes back child support sign off all his rights to his son

1 Answer | Asked in Child Support for Michigan on
Answered on Aug 7, 2018
Brent T. Geers' answer
You cannot simply sign off on parental rights. Particularly when there is not another person willing and able to step up (as is often the case is what is called a step parent adoption). Even when you can sign off, existing arrearages remain due and owing.

Q: My son's father has his support taken from his pay check on a weekly basis, the employer is always a month behind

1 Answer | Asked in Family Law and Child Support for Michigan on
Answered on Jun 1, 2018
Brent T. Geers' answer
I can understand the frustration, but what's not clear in the question is what harm has occurred. It doesn't sound like the FOC is holding these late payments against him, and presumably the mother is receiving a check every month or whatever. Certainly, your son is doing what he's supposed to do, and should not be faulted for his employer's actions—which it sounds like he isn't be faulted by anyone. I am unaware of any laws that would force an action on the employer other than they have a...

Q: When serving someone through certified mail what return address should I put on the mail? She probably won't accept it

1 Answer | Asked in Family Law and Child Support for Michigan on
Answered on Feb 27, 2018
Maureen Martin Caster's answer
When you are filling out the "green card" the return address is your's.

Q: Can I serve my ex wife child support papers by certified mail? What return address should I use?

1 Answer | Asked in Child Support for Michigan on
Answered on Feb 27, 2018
Maureen Martin Caster's answer
If it is sent by mail it should be by registered mail, return receipt requested and restricted delivery.

Q: If I have an established court order for child support but he is 4,000 behind, can I sue for the unpaid portion?

1 Answer | Asked in Child Support for Michigan on
Answered on Feb 26, 2018
Maureen Martin Caster's answer
It depends on when the child support became due. If it was while the Friend of the Court was involved, you need to contact your caseworker and discuss what they will do to collect it. If it was after an order was entered but you were not utilizing the Friend of the Court for collection, you will need to seek enforcement on your own.

Q: My brother girlfriend is pregnant could she put him on child support even when she doesn’t want him apart of the baby..

1 Answer | Asked in Child Support for Michigan on
Answered on Feb 19, 2018
Brent T. Geers' answer
Child support, custody, and parenting time all all separate issues for a court to decide absent an agreement between the parties. If your brother is determined to be the child's legal father, and he makes efforts to be involved in the child's life, then he will likely at least be entitled to parenting time. However, and unfortunately, he may need to take initiative on this one. If he does nothing, then it's certainly possible for him to end up paying child support with no enforceable parenting...

Q: I am switching jobs. How do I get my new job to take out suppport without going back to court or filing a motion? Thanks

1 Answer | Asked in Family Law and Child Support for Michigan on
Answered on Feb 14, 2018
Maureen Martin Caster's answer
Send the name and address of your new employer to the Friend of the Court (you are required to do so within 30 days of changing employment). The FOC will do a new income withholding for the new employer. However, there will be a delay in getting the new order going and so money won't be coming out of your check right away. You may wish to make a direct payment to FOC so you don't get in an arrears situation.

Q: Can a minor be obligated to pay child support?

1 Answer | Asked in Child Support for Michigan on
Answered on Feb 8, 2018
Maureen Martin Caster's answer
If he is the father of the child, yes.

Q: My husband pays $907 a month in child support. Wife refuses him parenting time. What can we do or can we sign off.

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Answered on Feb 8, 2018
Maureen Martin Caster's answer
Each time his parenting time is refused, he needs to file a complaint with the Friend of the Court. He should also file a motion for an actual parenting time schedule so he knows which days are his. You can't just "sign off" parental rights. This is only done in two circumstances.

Q: bio dad moved to Texas. Is he still legally obligated to pay support? Or will they cancel support all together?

1 Answer | Asked in Child Support for Michigan on
Answered on Feb 6, 2018
Maureen Martin Caster's answer
He is obligated to pay child support no matter where he lives as long as there is a court order. You need to let your Friend of the Court know where he is living now so they can proceed to collect it.

Q: My son has his son every other week. He pays half of everything. Does he still have to pay child support.

1 Answer | Asked in Family Law and Child Support for Michigan on
Answered on Feb 6, 2018
Maureen Martin Caster's answer
He needs to file a motion before the judge asking for a change in child support.

Q: The state of Michigan named a guy the father of my two kids by default. He's not on birth

1 Answer | Asked in Family Law, Child Custody, Child Support and Public Benefits for Michigan on
Answered on Feb 2, 2018
John Joseph Rizzo III's answer
I do not think that the state trying to get reimbursement from him for the assistance you received gives him any legal rights to the children. He could file a paternity action to get rights to the child that is his, but if he has not done that and he is not on the birth certificate, I do not see how he currently would have any rights.

Q: I have 2 kids mother cheated I would like a DNA test before paying child support I'm on both birth certificate

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Answered on Jan 25, 2018
Maureen Martin Caster's answer
This is not an easy to answer question as more information is needed such as: are you married to the mother and the age of the children?

Q: Can my boyfriend child support be reduce if he has a another child which he could never provide for due to support f

1 Answer | Asked in Child Support for Michigan on
Answered on Jan 23, 2018
Maureen Martin Caster's answer
When child support is calculated the number of children each party has is one factor they use. He should file a motion in the first case asking that the support be re-calculated based on a change of circumstances.

Q: My boyfriend has his children 13 overnights a month. Pays 949 dollars a month. Why is it so high?

1 Answer | Asked in Child Support for Michigan on
Answered on Jan 23, 2018
Maureen Martin Caster's answer
That question can't really be answered here as there are many factors that go into setting the child support such as income, tax deductions, medical. You would need to go to an attorney and discuss this.

Q: My bf signed off his rights to his kids 4 years ago due to a bad relationship. Can he find a way to see his kid now?

1 Answer | Asked in Child Custody and Child Support for Michigan on
Answered on Jan 22, 2018
Brent T. Geers' answer
Termination of parental rights - voluntarily or by trial - ends the parent-child relationship. Unfortunately, there is likely nothing any attorney can do for your boyfriend at this point.

Q: I'm a non-custodial father with unpaid child support. Will this be held against me when filling for joint custody?

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Answered on Jan 22, 2018
Maureen Martin Caster's answer
When determining if custody should be changed, the judge must address the Best Interest of the Child. This is a series of questions set out by the courts to help the judge make the determination. Support is only one of those factors.

Q: If my ex takes me back to friend of the court for more money. Will the court consider I have a 3 month old baby now.

1 Answer | Asked in Family Law and Child Support for Michigan on
Answered on Jan 22, 2018
Maureen Martin Caster's answer
Yes. The Friend of the Court will calculate child support based on your current income and on the number of children you have. They will need to know if you have custody of the other child(ren) or if you are currently ordered to pay support on them.

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