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  1. #1
    Join Date
    Feb 2011
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    2

    Default Retroactive Child Support, Previous Order of $0

    My question involves child support in the State of: Michigan

    I am the father of a 5 year old daughter. The mother and I were in a relationship in 2007, and when we went to court, it was ordered on 10-16-07 that child support and medical support were set to: $0.00 per month. We are not married.

    Due to recent events the mother is now filing for child support. I received a letter in the mail at the end of December 2010 stating an amount, and recommended retroactive to October 2010, when the mother had filed. I am fine with the amount, and the retroactive amount retroactive back to October 2010

    I found out recently there is a hearing scheduled 2/24/11. I was curious because I hadn't requested a hearing and agreed to the amount recommended by the court. I called the mother to find out whats going on, only to find she now wants file for retroactive support since 2008.

    I have been looking around and have stumbled across MCL 552.452 and MCL 552.603b which appears to say retroactive chid support is not allowed if there is already an order.

    I know if there never was Child Support filed she is allowed to file for retroactive support/back support, however in October of 2007 we went to court together and both signed an order agreeing that I would pay $0.00

    Can she get retroactive child support?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Retroactive Child Support, Previous Order of $0

    I would be very surprised if she was allowed to do get the modification applied retro to 2008; retro support is generally only considered during the INITIAL determination, not future modifications.

    I agree with your interpretation, but I must warn you - sometimes judges deviate from guidelines, and there can be quite a bit of latitude.

    Stick to your guns, and politely argue against it.

  3. #3
    Join Date
    Feb 2011
    Posts
    2

    Default Re: Retroactive Child Support, Previous Order of $0

    Quote Quoting Dogmatique
    View Post
    I would be very surprised if she was allowed to do get the modification applied retro to 2008; retro support is generally only considered during the INITIAL determination, not future modifications.

    I agree with your interpretation, but I must warn you - sometimes judges deviate from guidelines, and there can be quite a bit of latitude.

    Stick to your guns, and politely argue against it.
    Thank you for your reply.

    So during the hearing, simply saying (or something to this effect)," doesn't MCL 552.452 protect me from retro support modification" may not be enough? Are judges allowed to bend these rules when they see necessary? Are there any MCL's that I should be aware of?

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Retroactive Child Support, Previous Order of $0

    Absent evidence of fraud by you pertaining to the prior support award or subsequent information you were obligated to provide in relation to income or support, something you haven't told us has even been alleged let alone proved, I would expect the judge to follow the statute.

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