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Michigan Child Support Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: If there has never been legal custody or child support determination and years later a father files will he owe backpay?

My boyfriend and the mother of his child were never married and have always worked out visitation between themselves and he gives her money as he can. Lately she has been denying visitation and not allowing his daughter around our other children. We want to file and get a set legal visitation... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 4, 2021

Your boyfriend should really talk with a family law attorney beforehand. An unstated issue in all this will be whether any birth expenses were paid by the state. If so, that could generate a significant amount owed. Otherwise, your boyfriend's first cause of action would be to establish... Read more »

1 Answer | Asked in Child Support for Michigan on
Q: Trying to find info or a form to help my fiancee and I with intact family. Trying to get our child support canceled.

My fiancee and I took a 2 year break a couple years ago. Never married but been together now for 14 years total. Both where forced to pay not only child support but pay off our sons birth experience even though our son had full coverage through DHS. Now that we are back together and been together... Read more »

Brent T. Geers
Brent T. Geers
answered on May 25, 2021

You will need to make contact with the Friend of the Court office for your county (where your case originates). Every county is a bit different, and each county will have it's own forms. But generally, you'll need to submit paperwork attesting that you two are living together. DHS records... Read more »

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: Can I change my plea from No Contest to Not Guilty in my CPS case before the disposition hearing in Michigan?
Brent T. Geers
Brent T. Geers
answered on May 24, 2021

If you've already entered a plea at the adjudication, then you'll need to work with your attorney about possible appeal options. But generally, you cannot just change your mind (and your plea).

1 Answer | Asked in Child Support for Michigan on
Q: my daughter is 1 no longer lives in my house and is with her father. Will they dismiss him having to take paternity test

My daughter Is 1 years and has been receiving Medicaid through the state. I recently signed up for food assistance for my son (separate father) and surprisingly today my daughters father was served papers to take a paternity test for possible child support and she was t on my case did food. My... Read more »

Brent T. Geers
Brent T. Geers
answered on May 19, 2021

Possibly. It could be averted by both of you signing an acknowledgment of paternity perhaps.

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: Can the mother sue me for child support if I don’t establish paternity?

I have an 18 week old baby on the way. I want nothing to do with it and I don’t want to establish any paternity rights. Can she take me to court after the baby is born for child support?

Brent T. Geers
Brent T. Geers
answered on May 18, 2021

Yes. And if the state funds any of the birth expenses, expect them to come after you.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Michigan on
Q: Can I report a tribal judge for not ruling according to their own laws?

Tribal judge has followed laws to rule favorable for native individual in family court, but when the EXACT (and I mean EXACT) situation was reversed and would have been ruled to favor a white person, completely ignored and ruled the other way. Did not follow tribal code for what things to take into... Read more »

Brent T. Geers
Brent T. Geers
answered on May 6, 2021

You should speak with an attorney versed in the Indian Child Welfare Act (ICWA) and Michigan Indian Family Preservation Act (MIFPA). Bottom-line up front is that different rules apply with native american children and families.

1 Answer | Asked in Child Support for Michigan on
Q: Will I be charged for child support since my girlfriend and I cannot afford to get married yet and she’s on Medicaid??

My girlfriend is on Medicaid in Michigan and we are about to have our first baby. I just graduated college and am looking for a full-time job. In the meantime while we save up for a place of our own we are staying with her parents. I read that the state of michigan charges the father some amount of... Read more »

Brent T. Geers
Brent T. Geers
answered on May 5, 2021

Yes, if Medicaid pays for the birth expenses, you will get a bill at some point. You may want to rethink holding off on marriage if your girlfriend is the person you intend to marry at some point any way. It may be cheaper for you in the long run to marry now. You also want to be sure your... Read more »

1 Answer | Asked in Child Support for Michigan on
Q: My ex is currently on child support for our son. I just had a another baby by him. Will support be lower?

If I add this baby will child support be lower? He wants nothing to do with this baby

Brent T. Geers
Brent T. Geers
answered on May 3, 2021

An additional child generally causes an increase in support obligation. Doesn't really matter is the father wants anything to do with the baby. And if you or the child receive any public assistance, there will be a support obligation unless he can prove he is not the father.

1 Answer | Asked in Family Law, Tax Law and Child Support for Michigan on
Q: My children's father the non-custodial parent filed for my children at tax time even though they don't live with him

I'm worried he's going to get all of their stimulus money plus the child tax credit that will soon to come out every month he owes at least 5,000 in back child support all three of our children live with me full time I'm worried that he's going to be getting all of their money... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 17, 2021

Is there a child support order? If so, you may need to address some of this with the friend of the court. You may also need to make a motion in court about the stimulus money and to make clear who can claim the children for taxes.

1 Answer | Asked in Child Support for Michigan on
Q: How do I get my passport back? I was found disabled and receive SSI. I hear I no longer have to pay.

I have been paying on my arearage for the last four years. My passport was suspended. I understand I no longer have to pay my child support when receiving SSI. How do I get my passport back for if and when I ever do want to go to Canada or somewhere? My daughter is now 30 and I have grandkids. If I... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 15, 2021

Arrearages almost never go away, and until those do, your passport will likely remain suspended. Best thing you can do is contact the Friend of the Court to see what can be done.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: My son's child support order says parenting time is reserved. What exactly does that mean? From state of Michigan.

He has joint legal custody also

Brent T. Geers
Brent T. Geers
answered on Feb 11, 2021

Is it parenting time or child support that is reserved? Ordinarily, it would be the child support. Regardless, that language means that either party or the court can revisit that decision.

1 Answer | Asked in Child Support for Michigan on
Q: Me and my sons father are split up and we have 50/50 how do I go about making him pay child support
Brent T. Geers
Brent T. Geers
answered on Jan 7, 2021

Have you or him filed anything with the court? If you did, that would trigger a child support evaluation and order. Child support is based on what's on paper, not necessarily what you guys are doing.

1 Answer | Asked in Child Support for Michigan on
Q: Do women ever pay child support. Because my ex hasn't seen her son in 3 years. Im paying her now?
Brent T. Geers
Brent T. Geers
answered on Jan 7, 2021

Yes, women do pay child support. Child support does not magically change unless someone goes to the friend of the court of the judge and explain why it should change. If your ex hasn't seen the child, I assume you are the child's full time provider. You should be filing a motion with the... Read more »

1 Answer | Asked in Tax Law, Child Custody, Child Support and Gov & Administrative Law for Michigan on
Q: I'm on disability and do not have taxes to file. How do I get the child stimulus money if the dad received it already?

The father claims our 1 child the past few years due to my disability and no taxes to file. I've never signed an 8332 tax form for him to claim the child. We never married either. We do not have any agreement through court for who claims our child on taxes. I read that the custodial parent is... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 7, 2021

You will likely need to file a motion in court to get any money back. Here's the thing: the IRS doesn't know what the custody status is of any particular child. They do match social security numbers, and that's how they catch people fraudulently claiming dependents: two people claim... Read more »

2 Answers | Asked in Child Support and Family Law for Michigan on
Q: How to dismiss a child support case

My Children's mother and I have been taking care of our children seperately since 2017. I had lost my job in 2019, and I had health insurance through the health marketplace, and signed up to get health coverage for both of my youngest children. Not knowing that their health coverage would be... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 7, 2021

If the children are receiving state assistance, you cannot dismiss the child support case. The state, through the county prosecutor's office, will be involved and enforce a child support order.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on
Q: My ex is pregnant again with her spouse but is requesting a review increase on the child support I pay. What can I do?

My ex and I share joint custody of our kids. I pay child support because she is on disability and her income is lower. She has been married for over 6 years, had surgery to untie her tubes, and is pregnant with their second kid. She just requested child support for our kids be reviewed and... Read more »

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 31, 2020

Child support is determined on the basis of the ability to pay for both parents. The standard for modification is often a substantial and continuing” change, which can be caused by a change to either parent’s situation or both. As the last order appears to have been several years ago, it is... Read more »

1 Answer | Asked in Child Support for Michigan on
Q: Can you get child support if your child is living at home and is attending collage? Has collage expense
Brent T. Geers
Brent T. Geers
answered on Dec 29, 2020

No, unless there is some other ordered agreement for post-secondary education.

2 Answers | Asked in Child Support for Michigan on
Q: Hello I was wondering if the judge ordered for my child father to pay child support can I tell them I dont want it
Paul Ylvisaker
Paul Ylvisaker
answered on Dec 10, 2020

The answer is “it depends”. Parents have a legal dury to support their children. Funds paid for the benefit of the minor child are for the child, not the parent receiving. The Court will scrutinize any request to waive child support on the basis of (1) is the child being deprived of a standard... Read more »

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1 Answer | Asked in Child Support for Michigan on
Q: I recently moved to Michigan from Alabama. I currently have a child support order and arrearage in Alabama.

I just got approved for Disability w/SSI. Can they take my Benefits? How to get modified/ suspended? What are my options? I was never married to the mom.

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 4, 2020

Social security benefits can be taken for both current and past due child support arrears. The amount that can be taken is limited by statute, but the percentage is high, relative to your benefit. Your options will all require court intervention. The court has the authority to lower or suspend... Read more »

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: does Michigan deal with out of state parents paying child support is everything done by the state that the payer's in?
Brent T. Geers
Brent T. Geers
answered on Dec 1, 2020

Yes; the order remains with the originating state. The state where the payer is in will enforce the order. And as you might imagine dealing with multiple agencies in different states: keep receipts and an accounting.

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