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Michigan Child Support Questions & Answers
1 Answer | Asked in Child Support for Michigan on
Q: can the state of MI withhold back child support out of my ssi and now my new job?

I have been paying back child support out of my SSI for five years of $480 a month I tried to live on $660 a month but cant so I got a job to supplement my income now MI is going take the same amount out of my check from the new job. Both children are grown and dont live at home with their mother.... View More

Brent T. Geers
Brent T. Geers
answered on Dec 7, 2022

Yes they can. The back child support does not go away just because a child becomes an adult. The state will continue collecting until it's all paid back, waived, or you pass away with no assets to collect (they do even take from a deceased person's estate).

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 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 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 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 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 Support and Civil Litigation for Michigan on
Q: How to get help with child birth costs? FOC won't help because bills are 3 years old. How can I get dad to help pay?

Custody order does state dad's responsible for 50% of these. I didn't know I owed the hospital $20,000 until recently and FOC only enforces health care cost reimbursement if bills are less than a year old. Bills are 3 years old. Can I still get help paying these and if so how?

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

Probably not unless you can work out an understanding with him.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Michigan on
Q: If a referee says…. gonna check in2 CPS & criminal investigations do they contact previous ppl associated w/case history

Do they contact family or fosters… previous witnesses if a story doesn’t match?

Brent T. Geers
Brent T. Geers
answered on Oct 18, 2022

More likely, referee will simply review the CPS and criminal investigation reports, and may contact those agencies for a status update. Judges and referees are not police or investigators so they are not going to be contacting witnesses directly.

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Can my child's mother and I avoid child support and go through Florida's state insurance for our daughter?
Brent T. Geers
Brent T. Geers
answered on Oct 15, 2022

How or why your daughter would qualify for Florida's insurance is a major factor here. In general, if state assistance is provided for a child, there will be a child support order initiated and enforced by the state.

1 Answer | Asked in Child Support for Michigan on
Q: How can I collect child support from someone who gets paid "under the table" (cash)?

I have full custody of my son and have been raising him on my own for the last 9 years. His father owes over $19,000 in child support because he refuses to pay it. He works for a company named Rim and makes decent money but he gets paid cash under the table so that they can't garnish it. Is... View More

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2022

The fact that he is behind $19,000 suggests there is a child support order out there. Eventually, the friend of the court will take enforcement action, which could include referring the matter to the attorney general's office for criminal charges of non-support.

If you aren't...
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1 Answer | Asked in Child Support, Social Security and Criminal Law for Michigan on
Q: The amount of rerages owed is 64,000 and the judge is not being in my favor at all. What can i do? Please ?

Is there anything I can do or submit in advance, the court appointed lawyer i have does not submit or express my case in my favor, or my request.

Brent T. Geers
Brent T. Geers
answered on Aug 25, 2022

The judge's job is not to be in your favor. The only person "in your favor" is your attorney, and he or she must adhere to court rules, case law, statutes, ethics, and rules of evidence while being in your favor. If you have plead and are awaiting sentencing, then now is the time to... View More

1 Answer | Asked in Child Support and Criminal Law for Michigan on
Q: What can i do to get the least amount of time after pleading guilty to a 2nd hybitual for child support rerages?

I was told that its a point system guide that you all go by, is my sentence 11 months?

Brent T. Geers
Brent T. Geers
answered on Aug 25, 2022

For that sort of charge? Your best bet to limit incarceration is to pay off as much as you can before sentencing.

By "point system" you probably are referring to the sentencing guidelines. They give the judge, and you, an idea of what an appropriate sentence should be based on...
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1 Answer | Asked in Family Law and Child Support for Michigan on
Q: I became disabled in 2013, due to car accident, braking my back. I now have 2bars and 4 bolts in my spine. I contacted

Foc, and sent in all dr.s paperwork they asked for. And did so whenever they asked. 2018, i found out i had 4 tumors and 3 different types of cancer. Well covid hit, so my treatments didnt start until 2019, 7 weeks of radiation and chemotherapy, i almost parished. I sent all paperwork to the foc,... View More

Brent T. Geers
Brent T. Geers
answered on Aug 23, 2022

I'm unsure what your question is. It sounds like you entered a guilty plea. Typically, agreements made in failure to pay cases depend on how much of the arrearage is paid before sentencing. What matters now is not so much what you've done since 2013, or even what you've worked out... View More

1 Answer | Asked in Child Support, Criminal Law and Family Law for Michigan on
Q: I am on ssi had recently 6 months of cancer treatments. Had to plead guilty for a crime from 93. Bcuz F.O.C backpay? Lg

They threatened to keep me for 4yrs or i plead guilty for 2nd hbt and pay 1500 to get out. I didn't know that ment i do 11 months on sentenceing day. I just did two and im on disability. How can they come to my home and nab me up when my kids are grown, im half alive and live a couple countys over?

Brent T. Geers
Brent T. Geers
answered on Aug 22, 2022

Your child support arrearages never go away; doesn't matter how old your kids are. Your back-owed support reached the level of felony non-support.

You should be speaking to your attorney about this, the strengths are weaknesses of your case, and any offers made.

1 Answer | Asked in Child Support for Michigan on
Q: I have sole physical/joint legal custody of minor child in Michigan and have a question about child support

A child support case was initiated by the prosecutors office in Michigan against non custodial parent. This was because I was receiving public assistance. I am going to work full time and will have out of pocket costs for private insurance, but my daughter still gets daycare assistance. Non... View More

Brent T. Geers
Brent T. Geers
answered on Aug 11, 2022

Your understanding is correct. Either of you can file a motion to modify the support order based on a change of circumstances. But unless it's changed, the existing order will continue.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: Is it illegal for my husband's ex-wife to collect child support if their son no longer lives with her?

My stepson was kicked out by his mother. He now lives with his grandma and he is 17. His mom didn't notify friend of the court about this information, and my husband is still having child support removed from his paycheck. Is it illegal for her to collect this money when he isn't living... View More

Brent T. Geers
Brent T. Geers
answered on Jul 28, 2022

Child support is for the child, but I can appreciate the frustration. What matters, though, is that the child is not living with you and your husband right now. Should the grandma obtained guardianship, for instance, your husband would still have a child support obligation.

1 Answer | Asked in Gov & Administrative Law, Banking and Child Support for Michigan on
Q: Can a bank legally take money from my account that was a veterans disability back payment. And send it to child support

I’ve been actively making my monthly child support payments and I got a lump sum va disability payment. my bank held and took funds to send to my child’s mother via child support office .Is this lawful?

Brent T. Geers
Brent T. Geers
answered on Jul 8, 2022

Likely yes. First, your bank didn't do anything except comply with a presumptive lawful order issued by a court. Your issue is with the court, not the bank.

VA disability is considered income for child support purposes, and so is subject to garnishment.

I would suggest you...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: In an uncontested divorce, both of us want joint custody so does that mean we both pay half the child support?
Brent T. Geers
Brent T. Geers
answered on May 23, 2022

Good question and reasonable logic. Unfortunately, that is not the case. Child support is calculated using a formula that factors the disparity of income between the parents among other things. Even with joint custody, one parent is likely to pay the other parent some child support.

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