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Michigan Child Support Questions & Answers
1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Custodial parent now has FT job vs part time like when order was completed. Will non-custodial parent CS increase?

In the state of MI, when our child support was first done, my ex (custodial parent) was only working 20 hrs or so making maybe 10-12k/yr. If she decides to get a full time job, will my (non-custodial parent) child support payment go up?? Paying just over $800 now for 1 child (age 16) that I have... View More

Brent T. Geers
Brent T. Geers
answered on Oct 7, 2024

Maybe, but probably not by much without a substantial increase in actual income. Further, it would not be uncommon for the current support order to have imputed full time income when calculated, so the switch from part-time to full-time may already be accounted for.

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: Does terminating my parental rights cancel my child support order

This is an out-of-state issue, my daughter has decided she wanted to live with her dad, so she changed domicile to Michigan. I was ordered to pay child support, however, I have no communication with her because she won’t answer my calls, text, and neither will her father. I don’t want to pay... View More

Brent T. Geers
Brent T. Geers
answered on Oct 3, 2024

Unless there is a step-parent adoption, or you can get the father to agree to no support, there will be a support order. The law and public policy prohibit you from simply terminating your rights as an end-around to a child support obligation.

1 Answer | Asked in Child Support for Michigan on
Q: Will a judge grant visitation after 13y of no contact? (Bare min child support was paid).

I’m seeking more support - and the first thing the NCp does is tell me they will then be seeking more custody.

Brent T. Geers
Brent T. Geers
answered on Aug 22, 2024

Highly unlikely. I take it the child is now a teenager? Before granting such a request, the judge may want to talk with the child in camera (private meeting in chambers) about the child's thoughts on the matter.

1 Answer | Asked in Family Law, Child Support and Civil Rights for Michigan on
Q: Are my parents allowed to take my things that i bought at 16?

My dad mostly goes in my room and takes things when im not there saying this is my house making you room.my property, but i bought those things making them my property meaning he is technically stealing from me?

James L. Arrasmith
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answered on Jul 28, 2024

Navigating the boundaries of personal property while living under your parents' roof can be challenging. Legally, parents often have broad authority over their household, including your room and belongings within it. This means that while you may have purchased items with your own money, your... View More

1 Answer | Asked in Child Support for Michigan on
Q: My ex husband was awarded custody in 2021 despite his felony arrears of over 50,000.

Friend of the Court has done nothing to enforce support except issue a bench warrant in 2017 which is currently active. I'd appreciate any thoughts regarding best course of action in regards to the felony arrears.

Brent T. Geers
Brent T. Geers
answered on Jul 23, 2024

Custody - and parenting time - have nothing to do with child support obligations. If you know he has an active bench warrant, you can contact the local police department.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Michigan on
Q: What are implications for child support/custody? I am from Ontario and the mother is from Michigan?

Does it matter where the child is born? We live together in Michigan currently.

Brent T. Geers
Brent T. Geers
answered on Jun 3, 2024

It matters greatly and particularly where the child lives as that establishes jurisdiction. It sounds like that would be Michigan for you, which means Michigan courts and law will apply.

1 Answer | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: What can you do when the judge lies to you and your court appointed attorney does nothing

I had an attorney that was going to handle my case pro Bono and the judge said that they could not do it because I was not a resident of the state of Michigan but how can that be true if I am in court in that state my lawyer would have to be licensed in that state

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 7, 2024

You can be hauled into court in Michigan even if you are not a Michigan resident. If you are not a resident, according to the judge, you are not eligible to have a court appointed attorney.

1 Answer | Asked in Child Custody, Child Support and Divorce for Michigan on
Q: Can a parent get custody if they don't have a job or a drivers license?

My husband is saying he is keeping the kids and getting full custody of our kids because I don't work and don't have a drivers license. I do everything for our kids, and all the housework. He also says he isn't paying child support because he already pays child support for his other... View More

Brent T. Geers
Brent T. Geers
answered on Feb 28, 2024

That's not how child custody works. If it were, a lot of people would not have custody. The court determines custody based on the best interest of the child factors.

1 Answer | Asked in Adoption, Child Custody, Child Support, Contracts and Family Law for Michigan on
Q: What would we need to do to have custody of our nephew for a while with consent from his father who has sole custody?

Father may go to set up place out of state and wants child taken care of while he makes sure about living arrangements and work. Childs mom is only allowed supervised visits if father agrees 1×/week. Mother is not a child in an adults body. We want to make sure that the mom cannot take custody of... View More

Benjamin Jeffrey Stoltman
Benjamin Jeffrey Stoltman
answered on Oct 25, 2023

What you are describing can either be accomplished through a delegation of parental authority (power of attorney) or through limited guardianship. A limited guardianship will take longer and will cost more, but offers Court oversight and protection if mom were to become an issue. A delegation of... View More

1 Answer | Asked in Child Support for Michigan on
Q: My ex hasn’t paid child support even tho he told the ref he would. What else can I do?
Brent T. Geers
Brent T. Geers
answered on Aug 12, 2023

You need to contact the Friend of the Court for enforcement action.

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: I had full custody of my daughter I am giving full custody to her momShe owes me $4000 in back pay

Now I have to pay child support

How does that work

We have a hearing on august 15th

How can they make me pay child support when she owes me $4000 in back pay

Brent T. Geers
Brent T. Geers
answered on Aug 3, 2023

There's some variables to consider here, but generally, the back pay (arrearages) do not go away; she would still owe you that amount. You would, however, have your own support obligation.

The reason being is that child support is intended to be contemporary, reflecting what is...
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1 Answer | Asked in Child Support and Family Law for Michigan on
Q: My 17 Year old granchild moved in with us if we ask for support from her parents can they make her move back home?
T. Augustus Claus
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answered on Jul 31, 2023

In Michigan, the age of majority is 18, which means that individuals are considered legal adults at that age. However, the situation may vary depending on the specific circumstances and the family's legal arrangements.

If your 17-year-old grandchild moved in with you with the consent...
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1 Answer | Asked in Child Support and Family Law for Michigan on
Q: Hi my son lived with me until he was 12 years old and when he went and lived with his dad he put me on child support

Shouldn't the dad owe me for 6 years if he didn't pay anything when he was with me for 12 years

Brent T. Geers
Brent T. Geers
answered on Apr 22, 2023

I understand where you're coming from. Unfortunately the law does not work that way. Child support doesn't kick in until there is 1) a request (either by the state of either parent), and 2) an order. You (or the father) not pursuing child support for the last six years was your agreement... View More

1 Answer | Asked in Family Law, Probate and Child Support for Michigan on
Q: If there is a guardianship (full) order in place that lists a father but he isn't on the birth certificate what happens

I have guardianship of my grandson and there isn't a father listed on his birth certificate but there is on the guardianship paper work. Will they go after this person for child support or will they try to establish paternity first?

This is a follow up question to a question I asked... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 23, 2023

If the government is going to be on the hook you bet your booty the government is going to be trying to get the father to pay support.

To do that they will need to prove paternity in some way. (You don’t have to pay to support some stranger’s kids after all and momma’s baby,...
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1 Answer | Asked in Child Support for Michigan on
Q: Michigan/Canada international Child Support after 18 years old!

My Canadian kid turns 18 and graduate in June. Her mom wants 5 more years of child sup for her through college she said. Im in Michigan. We were never married and she doesn’t have a case established with the Friend of Court. Originally we had a formal meeting and settled out of court in Canada.... View More

Brent T. Geers
Brent T. Geers
answered on Mar 22, 2023

I would think Michigan does not have jurisdiction if your child resides in Canada. The mom can file here - nothing you can do to prevent it - but I would think your argument would be lack of jurisdiction.

1 Answer | Asked in Divorce, Immigration Law, Child Custody and Child Support for Michigan on
Q: Hi I been married to my Indian husband who is a green card holder for 4 years we have a 2 year old son recently he’s

Been threatening to take my son away and leave with him to India so his parents can raise him. My son has never met them people yet my question is IS THIS POSSIBLE CAN YOU TAKE MY SON WITHOUT MY PERMISSION? 2nd question is IF I DIVORCE HIM WILL HE HAVE TO GIVE ME SPOUSAL SUPPORT &CHILD SUPPORT?... View More

James L. Arrasmith
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answered on Feb 26, 2023

I'm sorry to hear about the difficult situation you are facing. To answer your questions:

Generally, a parent cannot take a child out of the country without the other parent's permission, especially if there is a custody agreement in place. If your husband takes your son to India...
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1 Answer | Asked in Immigration Law, Divorce, Child Custody and Child Support for Michigan on
Q: Hi, I’ve been married to my Indian husband green card holderfor 4years we have a 2 year old son together, recently

He’s Been threatening to take my son to India for his family can raise him,I now think he used me for a green card can he get deported if we divorce??my question is Is this possible for him to steal my son without my permission? 2nd question is If i divorce him will he have to give me spousal... View More

James L. Arrasmith
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answered on Feb 26, 2023

I'm sorry to hear about the difficulties you're facing. To answer your first question, if both parents have legal custody of a child, it is generally not permissible for one parent to take the child out of the country without the other parent's permission. If your husband were to... View More

1 Answer | Asked in Child Support for Michigan on
Q: can a court charge you child support without your knowledge
Brent T. Geers
Brent T. Geers
answered on Feb 3, 2023

Depends on how it is done, and what you mean by "your knowledge". But yes, it is possible to be subject to a support order without your knowledge.

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Can I be held in contempt and put in jail for back child support when my only income is SSI.
Brent T. Geers
Brent T. Geers
answered on Jan 20, 2023

Yes. But generally the dependent portion of your SSI serves as the child support payment.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: Can foc keep my fiancé son away from me not letting him get over nights over false accusations?

At the time i was just his girlfriend and his sons monther started a bunch of drama and i retaliated in text so then she accused me of hitting her son and she told them how me and his father were always fighting and breaking up they believed her. The text she showed in court where only of my... View More

Brent T. Geers
Brent T. Geers
answered on Jan 16, 2023

"They" are not doing anything. The child's mother made an accusation that FOC substantiated, creating this order. You being engaged does nothing; being married might help. But your relationship status has nothing to do with what the judge will find pertinent to changing this.... View More

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