Legal Question in Family Law in Michigan
Child Support
Is there any way that you can have the custodial parent not pay child support?
My fiance is about to get full physical custody of his daughter, only problem
is the biological mother does not have a job. That means that he will have to
continue to pay Child Support even though he carries the insurance, pays for
child care and will have full physical custody. I can't figure out why he has to
pay when he has his daughter. It's not his fault that the biological mother
won't find a job. What can we do?
2 Answers from Attorneys
Re: Child Support
He will need to have the judgment of divorce modified to reflect that he will have custody and will not be required to pay child support effective when he takes full custody. He will need to hire an attorney to accomplish that. If the mother does not work, income may be imputed to her, requiring her to pay something for the support of the children, even though she is not presently employed.
Good luck.
Re: Child Support
If he will have full custody, he does not have to pay child support. The child support is to support the child. It doesn't make sense to pay child support to the mother who doesn't have the child. My guess is that he is paying past due support. William S. Stern
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