Legal Question in Family Law in Michigan

Child Support Arreages

My x has just filed a motion to have arreages from the last 2 years dismissed because he had been incarcerated for the past 2 years in a federal pen. I had been told that being incarcerated is considered ''voluntary unemployment'' in Michigan and that he would not be able to retroactively have arrearges dismissed?!?!

I have accumulated 2 years worth of day care bills (over $10,000) that I have to pay back yet. The day care provider was not making me pay right away becuase I was not receiving child support, with the understanding that when he was released, and started paying the arrearages that I would start repaying them.

Does anyone have any information to support this fact, or point me to a web site that would have any information to help me?


Asked on 6/21/03, 8:52 am

1 Answer from Attorneys

William Stern William Stern, P.C.

Re: Child Support Arreages

Retroactive lowering of child support is not allowed in Michigan by statute. Just go in and explain to the judge that you had on-going bills raising the child while he languished in jail on some conviction. He still had the obligation to support his child. Bill Stern 248-353-9400

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Answered on 6/22/03, 9:29 am


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