Michigan Child Support Legal Questions

Once the Friend of the Court has issued a termination of income withholding order notice, child support should be terminated.  It is possible that the Social Security Administration did not get the income withholding order before.  In otherwords, it could have been received too late to stop the garnishment.  Also, are you in arrearages?  If so, you may not be accruing new child support on a month-to-month basis, but you still owe the arrearages.   I suggest you contact the Friend of the Court and seek a current accounting of your child support.... Read Answer

To change the support you are receiving you will need to file a motion for child support adjustment. Once you file that, she will have to disclose her earnings and you can get the difference in the child support amount based on her income. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 Ahsan Syed, Case Manager. ... Read Answer

Are you guys working with an attorney? It sounds like you guys are not working with one. However, if you guys can agree to your own terms and conditions and cooperatively agree to waive child support, in part of your parenting agreement, the person making less money, and or both of you can explicitly write the waiver of child support as the child needs are currently being met. Do that and should be okay with everything. If you need further assistance contact my office. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have a Child Custody lawyer available in Michigan. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in Michigan.... Read Answer

Yes you can certainly waive the child support. You don't have to pursue it. However, judging based on the young age, I would personally prefer that you continue seeking support and create a savings account, not a college fund or etc, a savings account and deposit all the child support payments in the savings account as a safekeeping to be used in difficult times. As this will ensure both things 1. You will have money for a rainy day in providing for the child, whether its now or 10 years from now. 2. It will give him a sense of responsibility to work towards in providing for the child and being an active father. Just because you have the child, does not mean you also shouldn't contribute to the savings account. You also should put in the same amount in the savings account as well to be equal with him. If you don't like this idea than sure you can still waive child support. Just get an attorney to file the petition in court releasing him from child support obligations.  Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have a Child Support lawyer available in Michigan. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Support Lawyer in Michigan.... Read Answer

Yes, you may receive Social Security benefits and child support at the same time. You must inform Social Security of the money you are receiving and child support, but child support does not prevent you from receiving your Social Security benefits. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.      Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 http://massachusettslawyeronline.com/   #child, #support, #custody, #divorce, #lawyer, #attorney, #separation, #family, #probate, #alimony... Read Answer

That really depends on the county and the Judge.  In most counties, they will take action if the payor is more than 30 days deliquent.  In other counties, such as Wayne, they don't have the resources to enforce support orders so it's up to you to bring the matter to the Judge's attention by filing a show cause. Most Judges will incarcerate anyone who doesn't at least attempt to make regular payments. Wade P Jackman jackmanandkasody.com... Read Answer

What she did is under-handed and mean, but not illegal.  As a rule of thumb you should never assume a court date is canceled unless you receive notice from the court directly.  It was smart on your part to contact the court to confirm.  This response is general in nature and is not legal advice.  Good luck to you.... Read Answer

The court has the ability and authority to impute income for calculation of child support if the circumstances warrant the same.  Specifically, if your ex voluntarily quit his job then the court may order him to pay based on the salary he was making, but imputation cases are few and far between in the current economy.  It sounds like your ex has the ability to be employed in some capacity but is choosing to delay employment in order to avoid paying support. Unfortunately,  you may have a more difficult time getting the court to impute income now if your ex has been unemployed since the time of your divorce and there are no other changes in circumstance.  This response is general in nature is not legal advice.  I would need more information about your specific circumstances in order to better answer your questions.    Patricia Kasody-Coyle Esq. (248) 594-9991... Read Answer

First of all you do not need to do anything unless and until you are served with a Paternity complaint.  Once that happens then you will need to consult with an attorney to better understand your rights. In MI if someone is claiming you are the father of a child and looking for support and you have not signed an affidavit of parentage and you are not on the birth certificate, then there will need to be a DNA test done to determine if you can be ruled out as the biological parent.  If someone else is on the birth certificate as the biological father and it is later determined he is not the dad then the birth certificate can be changed unless the child was born while the mother was married to the other man.  In that case he is presumed to be the father since the child was born during their marriage. This response is general in nature and is not legal advice.  I urge you to consult with an attorney once you have been served with papers because every situation is different.  Good luck.... Read Answer

No.  Child support will continue until the child reaches 18 or graduates from high school whichever is later, but not beyond 19 1/2 years of age so long as the child is residing with the person receiving the support.  This response is general in nature and is not legal advice.  No attorney client relationship is formed by it.  Good luck.... Read Answer

Your mother would need to have legal standing in order to pursue support.  This means if she does not have any custodial rights to the child and has not been deemed to be the child's guardian in some capacity, then she probably does not have the legal authority to file a motion seeking support.  I urge you to consult with an attorney and provide the attorney with whatever you were served as every situation is different.  This response is general in nature and is not legal advice.  No attorney client relationship is formed by it.  Good luck to you.... Read Answer