Do You Have to Pay Back Support After Your Child Moves Out

[jadedjewell1]

My question involves child support in the State of: Michigan

About 5 months ago my 17yr old decided she did not like my rules and moved into her friends home. Long story short, I live in Michigan and I cant force her to come home but I am still legally responsible for her. That is a t least what I was told by the police when I called to try and force her back home. In those 5 months I have continued to pay her medical insurance, medical expenses, and car insurance, etc. Her dad pays a very minimal amout of support and has never been consistant with his payments. Some months I receive $30, some months I may get lucky and get $80. I have not informed the Friend of the Court because I keep thinking she will move back home and I am still supporting her in some aspects. Her father found out she was not staying here and is now taking me to court. What if any repercusssions will I be facing? He currently owes me over $5,000 in arrerages. Will it help to bring documentation proving what I do pay for her? The $30 he paid in August wont even cover her healthcare coverage. BTW, he was ordered to obtain and keep healthcare for her, but has never held a job long enough to be elgible or for that matter held a job.

Second question: I filed for CS when she was 6 yrs old. At the time the asst prosecuting attorney of my county helped me. I recall him entering an additional wording in the order about changing the order at any time to go retroactive back to birth. I have never bothered to check in to this. Is this a possibilty? I might as well make this case worth my time if I'm going to be pulled back in to court.

[cbg]

Where did your police go to law school?

[jadedjewell1]

They told me at 17 they could not force her to come home. That it was not a legal matter that required their assistance. He told me it was a Michigan "loophole" law. He told me they are considered adults in some aspects, but not others. For example: If she goes out one night and decides to vandalize property I am responsible for her actions. It makes no sense to me either, but I talked to several people about this. I have a friend who also lives in Michigan with a similar situation. Her 17 yr old took off to NewYork with a 40 yr old man she met on Facebook. She was legally not able to bring her back and the police would not consider her a run away. Maybe I should check with a lawyer. You would think your local police would know the law??????

[Mr. Knowitall]

The stuff about you being automatically liable for damages caused by vandalism by a runaway child is nonsense, but... for some reason we have to go through this same discussion every week or two... in states that cap out the maximum age of the juvenile court below the age of 18 a 17-year-old cannot be taken to juvenile court as a runaway. Given that the police can do nothing more in such states than take the child back home, where she may run away again the moment they leave, many departments choose not to get involved.

Michigan has a parental liability statute for certain intentional misconduct my a minor, MCL 600.2913, but you can only be liable if your child is unemancipated and lives at home.

You can explain to the court that you are continuing to support your daughter in various ways, and are continuing to offer her a place to reside should she decide to return home, and that it is not free to do so. Take whatever documentation you have of your expenditures. The court will not ordinarily modify support to a date earlier than the filing date of a petition to modify.

[jadedjewell1]

That is what I am hoping for. I was worried the courts would make me pay it back or throw fines at me. I guess I can survive without his $30 a month. It doesnt make much of a difference anyway because he will be paying the back child support for the next 20 years at this rate. Thanks for the advice.