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Michigan Child Support Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: If my son's father has not paid child support or seen his son/reached out for 2 years can I file and get full custody?
Brent T. Geers
Brent T. Geers
answered on Jan 16, 2022

I would think so, if you don't already have full custody.

1 Answer | Asked in Child Support, Divorce and Family Law for Michigan on
Q: Hi, If you are married and child support end, what if you get a divorce. Can you get child support back from him?
Brent T. Geers
Brent T. Geers
answered on Jan 15, 2022

Your question is a little confusing. Are you saying there was a support order in place that ended, but you were married the whole time? A subsequent divorce would not entitle you to recover child support that was ordered and paid.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: I was in prison for 4 year total. The state of Michigan still charged Me almost 500 a month in support
Brent T. Geers
Brent T. Geers
answered on Jan 15, 2022

Typically, the burden is on you to show the friend of the court you are incarcerated so that payments may be suspended. You now likely have arreages. Best thing you can do is contact the friend of the court and work from there. Don't wait until they start taking enforcement action such as a... View More

1 Answer | Asked in Child Support for Michigan on
Q: my brother owes 26,000 on child support and the kid not his. How does he clear this up where he owes nothing to a child?
Brent T. Geers
Brent T. Geers
answered on Dec 14, 2021

I think the better question for your brother to answer is what has he done to clear this up. It takes some time to become $26,000 behind on child support, and it was during that time he should have been doing something. If there is a child support order, he was named the legal father to the child... View More

1 Answer | Asked in Child Support for Michigan on
Q: How can i defend myself when it comes to false reports to child support in another state?

Myself and my sons mother has a arrangement when it comes to child support without the courts but because she assisted on trying to get health insurance from the state .she called me and told me that she was going to do so because the state is sending her letters stating that they will take our son... View More

Brent T. Geers
Brent T. Geers
answered on Nov 16, 2021

Your son's mother has a difficult choice to make. If she accepts state assistance, the state will seek child support from you - and hopefully she disclosed to the state that she receives payments from you, otherwise she could be liable for criminal welfare fraud.

You, on the other...
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1 Answer | Asked in Child Support for Michigan on
Q: Can I represent my wife in a child support hearing against her ex-husband? I live in Michigan and I am not an attorney.

He filed a motion to have his back child support expunged and we want to respond to that motion in court.

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

No. Unless you are a licensed Michigan attorney, you cannot represent anyone other than yourself in legal proceedings. You can assist your wife in hiring an attorney. Most counties have a legal assistance center that can provide assistance and service to her as well.

1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Michigan on
Q: I need a good divorce lawyer but looking for a Pro bono one, I'm disabled and have no income.

My husband controls all financial decisions in our lives. I'm also in poor health I can't drive so that's a problem when meeting lawyers or paperwork I need, husband thinks it's funny.

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

Contact your county's legal aid office. Your chances of finding an attorney outside of legal aid to take on a divorce case pro bono is slim to none.

1 Answer | Asked in Civil Rights, Child Support and Employment Discrimination for Michigan on
Q: Are nt my civil rights being violated when conditions are forced that disable my career potential (20 yrs now)?

My life has definately been distorted by courts holding driving license, garnishing wages, jailing me.

Brent T. Geers
Brent T. Geers
answered on Sep 27, 2021

Interesting argument, but no. First, there is no constitutional right to a driver license. Second, your right to due process affects that and everything else. Importantly, you had notice, and likely opportunity to object and show why the action is wrong.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: My son in law moved from Alabama 3 years ago and has a 4 year old son, whom the mother is insisting he abandoned him.

He speaks to his son 3 to 4 times a month but she is pushing for a ridiculous amount of child support but in order for him to spend time with his dad, he has to drive to Alabama. If he is paying child support of anything before court ordered, does she has the right to demand he cannot spend the... View More

Brent T. Geers
Brent T. Geers
answered on Sep 23, 2021

You, or he, should consult an attorney in Alabama. Generally, though, parenting time is not contingent on child support. You don't get to spend time with a child just because you pay child support anymore than you can be denied spending time because you don't pay. But your son in law... View More

1 Answer | Asked in Child Support for Michigan on
Q: My child has state insurance and his mom said the court is making her file for child support though she does not want it

If she tells the judge not to take child support from me because she does not want it or need it will they listen or will they still press for child support?

Brent T. Geers
Brent T. Geers
answered on Sep 20, 2021

When a child receives state assistance, the state will seek and enforce a child support order. What the mother wants or says to the judge is of no affect.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Michigan on
Q: The question is long so its in more info plz help

If my ex and i presumably have a child, and she was married had the husband sign the birth certificate with out my knowledge, and ive been sending money to help support and I find out the child is is not mine would I be able to sue to get money that I sent for presumed child if i have records ?

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

Doubtful. It sounds like at this point you are sending her money out of the goodness of your heart and not pursuant to any order - in other words, the money you gave could be considered a gift. The law presumes that each party performs due diligence, and it doesn't sound like you took any... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: What are a father's rights while separated with only verbal agreement on visitation
Brent T. Geers
Brent T. Geers
answered on Aug 26, 2021

Depends on if you are married. If not married, then the father needs to establish paternity before any parenting time or custody will be ordered or enforced.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: The mother of my child Is very uncooperative

The mother of my son name is Cassandra, she has 2 children David is her oldest son he is 6 now. The child we have together is 2 years old now, His name is Liam. Cassandra and I was in the room talking December 2018, with the door open and David was In the living room playing with his toys. He never... View More

Brent T. Geers
Brent T. Geers
answered on Aug 21, 2021

It's unnecessary an inappropriate to mention full names on a public forum like that. But it sounds like you may need to file a motion with the court where the mother and children live. Since you are the father to only the two year old, that's the only child the court can consider.... View More

1 Answer | Asked in Divorce, Child Custody and Child Support for Michigan on
Q: I've had my son living with me fir 4 months now and i want custody she has no job no home no way yo take care of him
Brent T. Geers
Brent T. Geers
answered on Jul 22, 2021

You should file a motion for a change of custody.

1 Answer | Asked in Child Support for Michigan on
Q: I already have one child support case. Another was added. Different mother. My childsupport has doubled.

If I go for a modification will they lower it at all?

Brent T. Geers
Brent T. Geers
answered on Jul 14, 2021

Not necessarily. Whenever you request modification, the support amount can decrease, increase, or stay the same, depending on the findings for the relevant factors for child support calculations. If you want to see for yourself what to expect, there is a free online child support calculator that... View More

1 Answer | Asked in Child Support and Family Law for Michigan on
Q: In Michigan, Does child support start at birth, or when paternity is established, or when the paperwork gets filed?

I am Canadian, my son's father is American. Support is being handled in Michigan, and custody in Ontario. Friend of the court said it's only valid from the time filed. So essentially, he's absolved of his parental responsibilities for the first 12 months of his life? When the... View More

Brent T. Geers
Brent T. Geers
answered on Jul 12, 2021

Support would go back to when the action is filed; birth expenses - if the state paid for it, are separate and in addition to support.

The family courts mostly continued through COVID. Even if your particular court could not conduct a hearing - most made the transition to ZOOM hearings...
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1 Answer | Asked in Family Law, Child Custody, Child Support and Communications Law for Michigan on
Q: A girl I hooked up with may be pregnant, she won’t involve me or tell me if she is pregnant. What can I do?

I am a 23 year old EMT and she is a 39 year old ER nurse. Despite my effort she will not confirm with me if she is pregnant. She only tells me that she is “handling it”.

Brent T. Geers
Brent T. Geers
answered on Jun 24, 2021

Why do you think she is pregnant? And if she is, why do you think it's by you? There is a process to establish paternity before birth, but you'd need a whole lot more than a feeling she is pregnant. And she would otherwise be able to "handle it" as she sees fit anyway.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: In Michigan I’m delinquent on my child support payments does that affect the court ordered visitation agreement?
Brent T. Geers
Brent T. Geers
answered on Jun 21, 2021

No; child support and parenting time are different. You don't get or be denied parenting time due to child support obligations.

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: Do I need a lawyer to file for emergency full custody of my son? My sons father has an open dv case against me

He is battling mental health issues and knows the only way to hurt me is to take my son. I am worried for him to be alone with my son. He does not help financially at all and uses it to threaten me to give him my son if I need help.

Brent T. Geers
Brent T. Geers
answered on Jun 9, 2021

Yes, you need a lawyer, especially if you are seeking full custody, and on an emergency basis at that. It is unclear by your question which of you is the alleged perpetrator.

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... View 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... View More

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