Legal Question in Family Law in Michigan

child support(not employed)

My stepson wants to live with his father.His father collects social securtity benefits and has no other income which is why all of the sudden whats his son to live with him.The question I have is if the son moves to his dadas place and my wife does not work will she have to pay support base on my income.


Asked on 6/20/04, 12:49 pm

3 Answers from Attorneys

Blake Lipman Law Office of Blake P. Lipman

Re: child support(not employed)

Yes, but the better question is, how can you let him live with someone who has no means of support except SS? The court would look disfavorably on this. If your wife becomes the non-custodial parent, I'm certain she will have to pay support. Which means it will come from your household. For more info., please contact my office at (248)851-3171.

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Answered on 6/21/04, 8:35 am
William Stern William Stern, P.C.

Re: child support(not employed)

It is possible. It depends on whether a judge would "impute" income to her. The question is, why is she not working? If it is just for convenience, income could be imputed to her and she may wind up paying support. However, if she fights, the judge may not order a change of custody, simply because the child wants it. Bill Stern 248-353-9400

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Answered on 6/21/04, 8:59 pm
Regina Mullen Legal Data Services, PLC

Re: child support(not employed)

It sounds like the father is not the only one primarily concerned with money here, but ok.

No, the only income that is considered for child support purposes is the income of the biological parents. The stepparent cannot even be asked to submit financial statements. However, be aware that outside factors such as the reliance on social security [or having a wealthy spouse] could well influence the sympathy factors which often come into play when things like imputation of income are concerned.

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Answered on 6/20/04, 6:13 pm


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