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Michigan Child Support Questions & Answers
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.

1 Answer | Asked in Child Support for Michigan on
Q: Can child support end, if minor child is charged/convicted as an adult?

In Michigan, child is 16-1/2, has been kicked out of high school for lack of attendance and has been in trouble with the law. He has been told by his PO, if he breaks the law again, there is a great chance that he will be charged as an adult do to criminal history & run-ins with the law.

Brent T. Geers
Brent T. Geers answered on Nov 1, 2018

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... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: What rights do I have if I pay child support? And how do I find out if I have legal rights?
Brent T. Geers
Brent T. Geers answered on Oct 23, 2018

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... Read more »

1 Answer | Asked in Family Law, Child Support, Civil Rights and Constitutional Law for Michigan on
Q: Mom took a phone away and won't give it back, and it was a gift to me?

My mom bought me a phone as a way of knowing where I am, but she caught me texting my grandma telling her thank for helping pay for my high school (senior)cap & gown stuff, so she took away the phone that was a gift and wont give it back because her new husband talks to her into not giving it back... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 15, 2018

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... Read more »

1 Answer | Asked in Child Support for Michigan on
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

My ex owes me back child support and I would like to put a lien on his car or file a motion to have him appear before 3 months. can I do that?

Brent T. Geers
Brent T. Geers answered on Oct 10, 2018

If the case is with the FOC, then they will do the collecting. They have more resources and power then you would civilly anyway.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: My child's father always supports our baby. We want to file for joint custody. I don't want child support. Possible?

We've always come to agree on everything with our child and unborn baby. He has always been present and supported his children. I'm leaving, and we want joint custody. I do not want him to pay child support because he takes care of our child with me, I don't think it's necessary nor does he.

Brent T. Geers
Brent T. Geers answered on Sep 28, 2018

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.

1 Answer | Asked in Child Support and Criminal Law for Michigan on
Q: My brother was arrested for owing $50,000 in child support. What is the possibility of him doing jail/prison time?
Daniel Hilf
Daniel Hilf answered on Aug 20, 2018

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... Read more »

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