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  1. #1
    Join Date
    Aug 2008
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    California
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    4

    Default Michigan Statute of Limitations for Child Support

    My question involves child support in the State of: Michigan

    Ive been paying CS for 13 years to MI for John(<--not real name) all while raising another child of mine (carl <--not real name) as a single parent. (as a side note, Carl is doing well in the Air Force now, and i'm still paying CS to the state of WASH for carl). statute of limitations was reached in march of this year (10 after the John's 18 birthday, John is now 28 years old) in MI. My wife wants to go on a cruise, i told her i wont be able to get a passport because of my arrears.

    Should i take the time and effort to ask MI to invoke that statue of limitations and stop the CS. is it worth the time?,

    i have adjusted to this sobering fact about CS: They Don't Care!! i will have this debt for the rest of my life.

  2. #2
    Join Date
    Jul 2011
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    244

    Default Re: Michigan Statute of Limitations for Child Support

    Quote Quoting dray41
    View Post
    My question involves child support in the State of: Michigan

    Ive been paying CS for 13 years to MI for John(<--not real name) all while raising another child of mine (carl <--not real name) as a single parent. (as a side note, Carl is doing well in the Air Force now, and i'm still paying CS to the state of WASH for carl). statute of limitations was reached in march of this year (10 after the John's 18 birthday, John is now 28 years old) in MI. My wife wants to go on a cruise, i told her i wont be able to get a passport because of my arrears.

    Should i take the time and effort to ask MI to invoke that statue of limitations and stop the CS. is it worth the time?,

    i have adjusted to this sobering fact about CS: They Don't Care!! i will have this debt for the rest of my life.
    Actual CS has been stopped right? Your still paying because you were arrears?

    If that is all correct, there is no statue of limitations, you owe back child support and it will stay with you until you pay it off or if you don't pay it off, it is there for the rest of your life. Where on earth did you get the 10 year statue of limitations on CS?

    You have a child, you are required to support that child, even if you have more children, your still required to support the other child/children. You should not have had more children if you could not support them plus John. Since you didn't pay your CS, you became in arrears, John's other parent then had to pay their share for John, plus yours, since you were not paying. You owe that parent until all back support is paid off.

    Nope CS agencies don't care if your in debt, you put yourself in debt by not paying for your child. If you have money to go on a cruise with your wife, then why do you still owe money to back child support? Pay the back support off, you will be out of debt then, you can get a passport and go on any cruise you want to.

    Now if your still paying actual CS on either John or Carl, then post that information and ones will advise on that. But if you owe back support on either John or Carl or both, then you will be paying that back child support until it is paid off.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Michigan Statute of Limitations for Child Support

    Quote Quoting gam
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    Where on earth did you get the 10 year statue of limitations on CS?
    Probably from this statute of limitations:
    Quote Quoting MCL 600.5809. Action to enforce noncontractual money obligations; limitations.
    (1) A person shall not bring or maintain an action to enforce a noncontractual money obligation unless, after the claim first accrued to the person or to someone through whom he or she claims, the person commences the action within the applicable period of time prescribed by this section.

    (2) The period of limitations is 2 years for an action for the recovery of a penalty or forfeiture based on a penal statute brought in the name of the people of this state.


    (3) Except as provided in subsection (4), the period of limitations is 10 years for an action founded upon a judgment or decree rendered in a court of record of this state, or in a court of record of the United States or of another state of the United States, from the time of the rendition of the judgment or decree. The period of limitations is 6 years for an action founded upon a judgment or decree rendered in a court not of record of this state, or of another state, from the time of the rendition of the judgment or decree. A judgment entered in the district court of this state before May 25, 1973, is a judgment of a court not of record. A judgment entered in the district court of this state on or after May 25, 1973, except a judgment entered in the small claims division of the district court, is a judgment of a court of record. Within the applicable period of limitations prescribed by this subsection, an action may be brought upon the judgment or decree for a new judgment or decree. The new judgment or decree is subject to this subsection.


    (4) For an action to enforce a support order that is enforceable under the support and parenting time enforcement act, Act No. 295 of the Public Acts of 1982, being sections 552.601 to 552.650 of the Michigan Compiled Laws, the period of limitations is 10 years from the date that the last support payment is due under the support order regardless of whether or not the last payment is made.
    The question then becomes, at any time during the period at issue was the child support judgment reduced to a money judgment which would, again, be subject to a ten year period of limitations but could also be renewed.

    The thing is, a statute of limitations doesn't mean that money isn't owed - it simply means that the debt can't be enforced through a court.

  4. #4
    Join Date
    Aug 2008
    Location
    California
    Posts
    4

    Default Re: Michigan Statute of Limitations for Child Support

    To GAM, First, please do not chastise me, i'm well aware of my obligations. i started paying over 15 years ago. i raised a great young man as a single parent, WHILE living off half a paycheck so, again, im aware of my monetary and emotional responsibility. If you must know my mother-in-law is paying for the cruise. Owing child support doesn't make us criminals. The lesson CS was meant to teach WAS NOT lost on me, remember, i've raised a child WHILE single WHILE paying half my paycheck, because IT WAS (IS) MY RESPONSIBILITY. You think its difficult to raise a child ALONE, try doing it WITH half a paycheck!!!, I didn't make excuses, i raised my son to serve this country and he's doing a GREAT job of it, so please, no more chastising. I just wanted some information. If you must know, my son that's in the AF has already offered to pay it off for me after witnessing, first hand, my struggles to keep the state from taking him from me due to lack of financial support. i told him "no" because this is MY responsibility. I collected bottles & cans to keep us going because people that could, felt, because of my arrears, that i didn't deserve any help, never-mind that i had a child. as i stated earlier, im mentally prepared to have this debt till its paid off or my life ends, whichever comes first. Not all of us are "gutter-slime". some of us have learned and implemented those lessons.

  5. #5
    Join Date
    Jul 2011
    Posts
    244

    Default Re: Michigan Statute of Limitations for Child Support

    Quote Quoting Mr. Knowitall
    View Post
    Probably from this statute of limitations:


    The question then becomes, at any time during the period at issue was the child support judgment reduced to a money judgment which would, again, be subject to a ten year period of limitations but could also be renewed.

    The thing is, a statute of limitations doesn't mean that money isn't owed - it simply means that the debt can't be enforced through a court.
    It's possible it could be this, but based on what he said in his post and what he posted back in 2008, I answered with this not a possibility. But ya never know, and I should have asked instead of assuming.

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