Legal Question in Family Law in Michigan

Child Support

I currently have joint physical and legal custody. My child currently resides with myself, however, I continue to pay child support to my ex-spouse. Would I have any legal right have the child support stopped or reduced since he no longer spends time with my ex.


Asked on 4/10/01, 8:40 pm

1 Answer from Attorneys

Re: Child Support

To Whom It May Concern:

This is in response to your email of April 10, 2001, which this office received on June 8, 2001.

If you have joint physical custody you can file motion for sole physical custody or for a revised parenting time scheduled as well as a motion for the re-determination of child support. If your ex spouse does not have the child overnight for any significant time during the calendar year, your ex spouse will have to pay you child support. Please be advised that you will have to pay your child support, until the court orders otherwise. The court can only modify the child support awarded to you and eliminate your child support obligation from the time of your filing of a motion requesting this relief. The court cannot eliminate your child support obligation to a time prior to the date you filed your motion.

Sincerely,

Michael D. Eberth

(313) 561-5700

[email protected]

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Answered on 7/13/01, 1:35 pm


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