Legal Question in Family Law in Michigan

My brother has had legal custody of his son since he was 5yrs old after his mother dropped him off and never returned. His son is now 22yrs old. One day the state of MI started garnishing his wages for child support. We flew to Detroit Mi and went before the judge who ordered all monies to be returned to him after he proved he had legal custody and that the child has been in his home. Judge also ordered for all garishes to be stopped including holds on his bank accounts be released. Well...they stop garnishing his wage but they continued to garnish his tax refunds and has not released the 22,000 that is owed to him. When we inquired with MI they told him that the "Friend of the Court" over ruled the judges order. What should he do? Please help a really great father.


Asked on 12/30/09, 7:46 am

1 Answer from Attorneys
William Stern William Stern, P.C.

The way to handle this is to file a petition for the court to issue an order to the Friend of the Court to "Show Cause" why all monies claimed should not be returned to your brother. As far as the mechanics of this is concerned, it is much easier to do it with a lawyer who knows how to handle this. William S. Stern

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Answered on 1/04/10, 8:49 am


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