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... View More
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... View More
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... View More
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... View More
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.
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... View More
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... View More
answered on Dec 29, 2020
No, unless there is some other ordered agreement for post-secondary education.
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... View More
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.
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... View More
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.
answered on Nov 13, 2020
Child support would end; the child would be an heir and so would be entitled to at least some portion of your ex's estate. But if there is nothing in the estate, then it ends there. You would need to provide medical insurance. It's really no different than if your ex died while you were... View More
I'm 38 his friend that was the cosigner on his house passed july 2020. Can me and my adult sibling sue her estate for back child support Michigan since after he died it went to her they weren't married
answered on Oct 29, 2020
This is really not a real estate matter, but more or less a divorce or family law matter.
She wants the divorce due to his failure to provide for last several years. She has necessarily been the sole support of the household. What options does she have? Can she file for sole custody to avoid supporting this bum?
answered on Oct 21, 2020
Child support is for the child and the guidelines used to calculate it largely take into account the number of overnights each parent has with the child and the disparity in income. The number of overnights - mostly construed to be parenting time - are governed by a different set of factors.... View More
answered on Oct 9, 2020
Child support and parenting time are two separate issues. Child support proceeds regardless of parenting time.
Ex wife didn't inform the court of her new job almost 2 years ago and her hourly rate came up significantly and we pretty much made the same amount. So continued to collect child support based on her lower wage amount. Can I ask it to be recalculated and back dated to when she got her new job?... View More
answered on Oct 7, 2020
It would depend on how much the support calculation actually changes. Parenting time is a separate issue from child support; you do not get "credit" for your ex wife not allowing you visitation.
The father of my 2 children and I had been together for 16 years. Living together for over 10, our eldest is 14. We both agreed to stop child support because it was OUR income/outcome but he recently moved out. He is on the lease/utilities and state grant (DHS), I am unable to provide a forwarding... View More
answered on Sep 27, 2020
Contact your county's DHS office or Friend of the Court; they will take it from there.
She filed for custody and I sent back the questionnaire but divorce papers still have not been filed yet. I am in Oak Park Michigan. I have been married for 16 years and there are four minor children. My son lives with me. What is my next legal step? I already tried to get the case dismissed and... View More
answered on Sep 24, 2020
The case will not be dismissed if she is actively pursuing it. Under what grounds would the court have authority to dismiss it? You could file for divorce since she apparently hasn't yet. That should be your next step.
I cant afford our home bills on my own. He gave me 3 options: I buy the home from him, he stays at the home, or we sell and split any profit. I chose the later. I am now trying to move everything, figure out what is mine/his. Friends say i should file for legal separation, not sure if this is the... View More
answered on Sep 8, 2020
Legal separation will do everything a divorce does except make you legally divorced. You could do so to help bring some certainty to the economic situation. However, your husband could counter file for divorce. Michigan is a "no fault" state when it comes to divorce, and it only takes one... View More
My ex and I just had a baby. I Found out five weeks before the baby was born that he was still married. And instead of him working from home he is actually a stay at home dad. I live in the state of Michigan and was already told by the child support division that he would be imputed at minimum wage... View More
answered on Aug 17, 2020
Yes, medical coverage will be a part of the child support order. At a minimum, your ex will be responsible to the state for reimbursement of birth expenses. And so long as he (or you) have access to private insurance, one of you will be required to keep the child covered.
My son was just born a little over two weeks ago. His father and I have not been together for almost 5 months. In January, he quit his job and started spending all of his money an alcohol and marijuana. He has a dui and his license is suspended. He already has two child support cases and does not... View More
answered on Aug 12, 2020
It doesn't sound like you'll have a choice in the matter on two fronts: 1) whether your ex pays child support, and 2) whether he will see your son.
Whether your ex incurs a child support obligation or not, it doesn't mean he will be an active part of your son's life... View More
We both have them equally we both pay child care and healthcare equally without state help. Can we have child support dropped completely because when i pay it she just gives it back to me anyways because she feels that its unfair because we take care of them the same amount.
answered on Jul 30, 2020
You likely can; each of you should consult with an attorney to see if modifying the support order or opting out of FOC services is appropriate.
answered on Jul 24, 2020
Mathmatically, it won't make a difference. If your support obligation is $100 to each child, you owe $200 total each month. If you can only pay $100 a month, you are accruing $100 a month in arrearages each month, and enforcement actions would be taken on that amount regardless of in what... View More
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