- Hi and thank you for the work done on the board here.
I'm working to help two Michigan friends at odds, over a custody issue of a 17 year old son who will graduate in 2006.
The teen has lived with Mom as the sole custodian since the beginning. Dad's visitation has been somewhat regular over the years, but a substantial 30+k arrearage accrued among Mom's desire to support reliable visitation.
At 17, their son has now moved across town wishing to stay with Dad, having Mom's begrudging consent. Dad now wants to abate ordered CS payments, change custody and construct the deal on a written agreement before the courts amicably, (although the two parents are not amicable per se). The mother cares to retain the rights to receive arrears but would consider foregoing ordered payments through 06 graduation, wanting to dovetail future payment of arrears for a 1 to 1 structured payment to their son's desired college tuition over those 4 years. i.e. "Pay the arrears to our son as he goes through collage, toward his degree or default and lump sum me if you do."
Legislature ... http://www.legislature.mi.gov/mileg....619&highlight=
appears to exact qualification on support order change that could impede the agreement, if I read it correctly. The Dad is also paying ordered support for another non-custodial obligation with a more recent spouse, also potentially noted in legislation.
Can this kind of deal be made, among a court seeing this kind of agreed deferral of arrears over these years? Or is this a wing and a prayer that FOC would entertain in some way?
Thanks for any wisdom that might be here. I know it's not legal advice, but "good will" and much appreciated at that. Thank you.