Legal Question in Family Law in Michigan
Child Support
My husband has a child outside of our marriage. He is behind in support payment, but they are taking the money from his wages. Please explain to me why he has received a motion and order to show cause for comtempt(support). We are behind in everything. What else do they want? We have call the FOC, but they have not answers. Also can they do a DNA testing with just Husband and the other child, because they did not test the mother. Can husband sign a release of info for me, so that I can talk to the courts over the phone with out him. I just need so advice. I hope you can help me or lead me to a web site that will have information so that I know how to protect myself and our children. The enforcement unit is calling talking about a settlement. I thought that once you are behind you still had to pay the outstanding balance. We have no money to settle. We are about to lose the house because they are taking about a 1000.00 per month. I can't live like this. Thanks
2 Answers from Attorneys
Re: Child Support
They are taking support out because he is behind. DNA testing works on just the child and father. Does he pay for any other children pursuant to a court order? Does he support your kids? Do you have kids with him? These questions must be answered to give you proper advice. Bill Stern 248-353-9400
Re: Child Support
Why would they do a DNA test of the mother? Is there a doubt that she is the mother of the child? They DNA test the father because paternity is inconclusive, maternity is always conclusive barring a mistake at the hospital. The FOC is generally unsympathetic toward a father's inability to pay, but will consider a reasonable payment plan to cover arrearages, Has paternity been established? Is your husband the father? You cannot appear for him. For more info., please call me at (248)851-3171.