Legal Question in Family Law in Michigan
child support
Iam going through a divorce and its not finalized yet. a settlement was presented to me that states in one part ......that child support not be retroactive and that it shall be effective once divorce is final..I delivered a baby girl 02-26-2008. Does he by law have to start paying from that point on?? I really need help with this. He told me he doesnt have to pay me retroactive. Is this true??????????
3 Answers from Attorneys
Re: child support
If you were separated earlier than the date your divorce judgment will be entered, then yes, he should have to pay from the time the child was born or from the time you physically separated. Do you have a lawyer? It sounds like you don't, and that your husband is using his lawyer to control the terms of the judgment, which means neither of them are looking out for your best interests. I would strongly suggest you retain a lawyer immediately before the judgment is entered and before you sign anything.
Re: child support
I think you are entitled to child support from when you first asked for it, which (if you and he lived separate) would be from 2-26-08. He also should pay for his share of the hospital bills. Does he have a lawyer? Do you? He is clueless on what the law requires, and is likely trying to pull the wool over your eyes.
-Tom
Re: child support
It sounds like you're trying to handle a very complex legal issue on your own without a lawyer. This is very likely to come back to bite you. I strongly suggest you not try to practice law but instead meet with an experienced family law attorneys.
www.MidMichiganDivorce.com