Get free answers to your Child Support legal questions from lawyers in your area.
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
I am planning to move to Canada. Before moving who should I contact to inform and how will I start paying child support once I am employed. Also if I give up US citizenship and acquire Canadian citizenship, am I still supposed to pay child support?
answered on Jul 23, 2020
You would need to contact the Friend of the Court in the county your case originates from. You will still have a support obligation. Most countries have agreements where they will enforce "foreign" orders, which this would be to Canada.
My ex moved from Michigan to New Jersey. Court order says he can have one weekend a month residing in Michigan but has to give reasonable notice. What is considered reasonable notice through the courts?
answered on Jul 5, 2020
Reasonable is that amount of time which is fairly necessary, conveniently, to do whatever is required to be done. There is no set number in this situation, so reasonable is what both parents define it to be.
I have been reviewed 4x and only once has the f.o.c. included the wage worksheet, are they supposed to include this everytime? or do they not include it if the other party does not have a job? If the other party does not have a job shouldn't f.o.c. inlcude it with the minimum wage over a... View More
answered on Jul 2, 2020
They are supposed to...that is the only way to have an idea of how the guidelines were calculated. Does it always happen? Probably not. Your remedy is to object to the recommendation. At the hearing, FOC would show that they did impute income, or if not, explain why not. But if they did, then the... View More
I am constantly maxed on payments, she has not worked in 10 years so my child support gets raised every 3, there is no reason she cant work, she just wont. Is there anything i can do or write with my review papers?
answered on Jul 2, 2020
Unless there is some legitimate reason that she's presenting to the Friend of the Court for why she can't work, they should be imputing income to her - typically full time at the current minimum wage, or about $19,500 a year.
The short and sweet of it is that no one can force her... View More
answered on Jun 17, 2020
Yes. Child support is for the child. If the child has a need for support, a child support order can go back into effect.
I need help figuring out the legal options i have. My situation is complicated so a phone call would be the easiest route to discuss in further detail. Please help.
answered on Jun 16, 2020
Courts are prohibited by law from providing legal advice. To do otherwise would make them biased by definition and unable to handle a case impartially.
You need to hire your own attorney especially if your situation is ‘complicated’. Your best option is to find a LOCAL lawyer as local... View More
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