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Michigan Child Support Questions & Answers

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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 »

1 Answer | Asked in Family Law and Child Support for Michigan on

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.

time Jobs. There money goes to their cars and stuff for the baby. Will my son have to pay child support if they all continue to live with me , with same arrangements, when the baby arrives?

Brent T. Geers answered on Aug 7, 2018

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... Read more »

1 Answer | Asked in Family Law and Child Support for Michigan on

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?

I have no idea if he's still in school.

Brent T. Geers answered on Aug 7, 2018

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.

1 Answer | Asked in Child Support for Michigan on

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

Brent T. Geers answered on Aug 7, 2018

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.

1 Answer | Asked in Family Law and Child Support for Michigan on

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

My son's father keeps a copy of every single pay stub from every pay check he receives from his employer, we have been back in forth with the friend of the court on getting on top of his employer in sending in payments. This last time we called our case worker they told us there was nothing they... Read more »

Brent T. Geers answered on Jun 1, 2018

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,... Read more »

1 Answer | Asked in Child Support for Michigan on

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

I have custody of my children and I already have a child support case started. They're just waiting to serve her. She lives in California and I live in Michigan. She probably won't sign the papers willingly.

Maureen Martin Caster answered on Feb 27, 2018

If it is sent by mail it should be by registered mail, return receipt requested and restricted delivery.

1 Answer | Asked in Child Support for Michigan on

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

Maureen Martin Caster answered on Feb 26, 2018

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... Read more »

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