Re: child support reopened
Send a copy of the decision made the last time, and the judge will either stand by it, or order you to go through it again. If you have to, you can ask the judge what can keep her from doing this again, and if you can charge her for the lawyers fees, if it comes out that he is not the father. It is worth a shot.
Re: Child support reopened
We Plan On It, But What About My Personal Intrest, What Should I Do To Protect Myself For What I Have Worked For 27 Years? Any Advise?
Re: Child support reopened
The case is pending in a Michigan court?
Re: Child support reopened
She Filed In A Michigan Court Yes, We Are In Florida Waiting On The Papers To Go Through The Courts Here, For Dna Testing & Then Support After That If It Is His Child. But I Do Not Want To Wait Til It Is To Late To Do Anything To Protect My Property.
Re: Child support reopened
Did your husband and the woman live in Michigan when the child was conceived?
Re: Child support reopened
No, He Lived In Fl. & She Did To. Then She Moved To Michigan & Never Heard From Her Til The Child Was 3 But She Was Married & Did Not Want Anything. Then 3 Years Ago She Filed For C Support. The Courts Said That No One Showed Up So The Case Was Closed For Lack Of Procecution. Now 3 Years Later She Is Doing It Again.
Re: Child support reopened
It is possible that the Michigan court would apply Florida law to resolve whether or not there should be payment of back support. Under Michigan's law,
Quote:
Quoting MCL 722.717(2)
A child support obligation is only retroactive to the date that the paternity complaint was filed unless any of the following circumstances exist:
(a) The defendant was avoiding service of process.
(b) The defendant threatened or coerced through domestic violence or other means the complainant not to file a proceeding under this act.
(c) The defendant otherwise delayed the imposition of a support obligation.
From what you have said, she would have a hard time establishing any of those elements, particularly given that she was previously able to initiate paternity proceedings which were dismissed when she didn't properly prosecute her case.
Re: Child support reopened
Does This Mean That Maybe The Judge Will Throw This Out Being She Did Not Follow Through The Last Time 3 Years Ago? As Far I Can See It Is The Same Judge. She Is Playing With Lives Here Not Only Ours But The Child Also For Not Letting The Child & Father Have A Bond For All Those Years. Also What About Myself, Should I Protect Any Of My Property Just In Case? Thanks
Re: Child support reopened
Hello
Does He Have To Pay Back The State Of Michigan Any Aid She Has Received From The State Since He Was Not Proved To Be The Father At That Time She Received It?