The father of my 2 children and I had been together for 16 years. Living together for over 10, our eldest is 14. We both agreed to stop child support because it was OUR income/outcome but he recently moved out. He is on the lease/utilities and state grant (DHS), I am unable to provide a forwarding... Read more »
She filed for custody and I sent back the questionnaire but divorce papers still have not been filed yet. I am in Oak Park Michigan. I have been married for 16 years and there are four minor children. My son lives with me. What is my next legal step? I already tried to get the case dismissed and... Read more »
The case will not be dismissed if she is actively pursuing it. Under what grounds would the court have authority to dismiss it? You could file for divorce since she apparently hasn't yet. That should be your next step.
I cant afford our home bills on my own. He gave me 3 options: I buy the home from him, he stays at the home, or we sell and split any profit. I chose the later. I am now trying to move everything, figure out what is mine/his. Friends say i should file for legal separation, not sure if this is the... Read more »
Legal separation will do everything a divorce does except make you legally divorced. You could do so to help bring some certainty to the economic situation. However, your husband could counter file for divorce. Michigan is a "no fault" state when it comes to divorce, and it only takes one...Read more »
My ex and I just had a baby. I Found out five weeks before the baby was born that he was still married. And instead of him working from home he is actually a stay at home dad. I live in the state of Michigan and was already told by the child support division that he would be imputed at minimum wage... Read more »
Yes, medical coverage will be a part of the child support order. At a minimum, your ex will be responsible to the state for reimbursement of birth expenses. And so long as he (or you) have access to private insurance, one of you will be required to keep the child covered.
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 »
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.
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 »
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?
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.
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?
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.
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 »
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 »
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?
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 »
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.
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 »
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 »
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 »
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.
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 »
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 »
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 »
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.
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