Back Child Support in Michigan

**wendi82** · 04-14-2006, 07:27 AM

I have done some reading on the forum, and I'm still a little confused.

I have been seperated from my daughter's father for a little over 3 years. As soon as I moved out, I tried to file for child support. It took me 2 years to even get a chance to go to court. The first time I went I was told they would not proceed with an order because he was sent to prison about a week before the court date. He is out now, and now I am supposed to go sign an order on Monday.

My question is will he owe back child support? There has not been a prior order, as hard as I tried to get one.

**Mr. Knowitall** · 04-15-2006, 05:14 AM

You aren't divorced yet?

**wendi82** · 04-16-2006, 04:59 PM

We were never married, just living together.

**aaron** · 04-17-2006, 11:55 AM

You should be able to get back support, although you may not be able to collect for the period(s) of his incarceration.

**wendi82** · 04-25-2006, 05:52 AM

Okay I went to sign the order today, I did not sign it. When I asked about arrearage from the time I moved out, I was told that they would grant me a hearing but that the judge "doesn't like to grant arrearages" :evil: So my question is: Am I legally entitled to arrearages? Or am I at the mercy of this judge?

**aaron** · 04-25-2006, 06:17 AM

Is this the conclusion of a paternity action, or was paternity previously determined with the present proceeding solely for the purpose of assessing support?

**wendi82** · 04-25-2006, 06:19 AM

The proceeding was just for assessing support.

**aaron** · 04-25-2006, 08:20 AM

Without knowing the procedural details of the case, it is hard to be specific. If this will be the first support order, and the underlying action was brought simply as an action for support, the question of whether or not to award retroactive support is likely within the judge's discretion. The father is unlikely to be ordered to pay retroactive support for periods of his incarceration. A local lawyer would be able to review the procedural history of your case and give you a more certain answer.