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  1. #1
    Join Date
    Jun 2008
    Posts
    4

    Default Child Support Credit / Drop Out

    My question involves child support in the State of: Michiagn

    I actually have 2 questions, the first being if my 16 year old son is no longer attending High School am I required by law to continue to pay, do I need to schedule a hearing to stop support or do I pay regardless till he turns 18?

    Second question, My son lived with my wife and I, since January 08 till May 08, during this time the mother did not contribute a single dollar for support and the courts said she does not have to because I dont have custody. The very day I dropped him back off at his mothers she contacted FOC and had support reinstated (go figure) and got a letter a few days later that I was already behind. Is there any type of credit system that I can get credit for the 4 months of support that she did not pay?

  2. #2
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Child Support Credit / Drop Out

    Quote Quoting XiZBiT
    View Post
    My question involves child support in the State of: Michiagn

    I actually have 2 questions, the first being if my 16 year old son is no longer attending High School am I required by law to continue to pay, do I need to schedule a hearing to stop support or do I pay regardless till he turns 18?
    As long as he is still a child, you still pay support.
    Second question, My son lived with my wife and I, since January 08 till May 08, during this time the mother did not contribute a single dollar for support and the courts said she does not have to because I dont have custody. The very day I dropped him back off at his mothers she contacted FOC and had support reinstated (go figure) and got a letter a few days later that I was already behind. Is there any type of credit system that I can get credit for the 4 months of support that she did not pay?
    There was no order for her to pay so she doesn't legally owe you anything. When you obtained custody of the child, you should have moved to have CS abated or have an order placed against her.

  3. #3
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Child Support Credit / Drop Out

    Quote Quoting CourtClerk
    View Post
    As long as he is still a child, you still pay support.

    There was no order for her to pay so she doesn't legally owe you anything. When you obtained custody of the child, you should have moved to have CS abated or have an order placed against her.
    OP mentioned that the ex had the CS reinstated, so it sounds like there was an abatement done. If an abatement was done, the OP shouldn't be charged for that period of time, and should get a consult with a local attorney if that is the situation.

  4. #4
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Child Support Credit / Drop Out

    What I'm thinking happened is that she closed the case with CSE, but did not vacate the court order itself. If the court order is still in existance, the money is still owed, regardless of whether CSE is collecting on it or not.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Child Support Credit / Drop Out

    I suspect that the arrearage is for May and part of June, but I guess we'll have to wait for clarification.

  6. #6
    Join Date
    Jun 2008
    Posts
    4

    Default Re: Child Support Credit / Drop Out

    thanks everyone, this is what I assumed. When my son moved in the court order was placed on hold in a sence, I filed a motion with the FOC for custody, but just days before the hearing I had to send the kid off packing back to his mother. So the hearing was dismissed and yes the back support is for may-june.

    I appreciate all your help.

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