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  1. #1
    Join Date
    Jun 2011
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    1

    Default Who Pays Child Support After a Change of Custody

    My question involves child support in the State of: Michigan

    My husband pays child support for his 3 children from his previous marriage. His payments are current. One of the children is having behavioral problems, so at his ex-wife's request, we've agreed to have the child move in with us permanently.

    Here's my question:

    Since she will now have custody of 2 children and we'll have custody of 1, will she have to pay us child support? I don't understand how this works. I know that he will probably end up paying for 2 children after the modification, but since she'll be the "non-custodial parent" of the 1 in our custody, isn't she also responsible for support as well?

    In addition, what happens when the oldest child (who still lives with her) graduates next June (the original support order is until age 18 or graduation)? Once he becomes of age, she will have 1 child and we will have 1 child. Who pays child support?

    To make matters even more confusing, the divorce and custody order was granted in the State of Michigan. However, they both relocated after the divorce (she to TX and him to GA). The Michigan Friend of the Court has still been handling the child support disbursements all these years. Through my own research, I read that if the parents now live in different states, the modification can be filed in their respective states. Is that correct? And since his ex is going to submit the modification, will we now be going by Texas child support laws?

    This whole issue is mind-boggling and I know I have a lot of questions, but please.... I'd appreciate any guidance, even if you can't answer all my questions. Thanks in advance.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Who Pays Child Support After a Change of Custody

    Child support is set by the child support formula. Your spouse can work through the formula to see what child support will be ordered if the court is petitioned to modify support in association with this modification of custody, or any future changes.

    Given that there are children in both states, and that the Michigan support guidelines appear to remain applicable no matter where a motion for modification might be filed, it seems like the easiest thing for your spouse to do would be to file in Michigan. To the extent that your spouse believes that there may be some advantage in trying to get support matters heard by Texas and/or Georgia, he can discuss that possibility and its consequences with a lawyer in the state(s) in which he hopes to litigate.

  3. #3
    Join Date
    Jul 2011
    Posts
    7

    Default Re: Who Pays Child Support After a Change of Custody

    With any permanent change in custody a new modification order needs to be in place to address the issue. The modification needs to be in the state that has jurisdiction over the matter (Michigan in this case).

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