Legal Question in Family Law in Michigan

Child Support and Marital Debt

My husband has had physical custody of his 15yo daughter since 6/2000. His ex has paid support monthly (payroll deduction). She's deliberately violated divorce decree by not paying debt assigned to her & filing for bankruptcy (it was specifically prohibited in decree).My husband has paid some debt that was assigned to her in an effort to not have his credit ruined b/c the creditors ignored the decree.Incurred tax bill due to forgiven cc debt.

15yo will move in with ex this w/e.Everyone agrees.Husband wants to roll in marital debt settlement w/his paying child support.I've suggested that it be kept separate.Your thoughts?

Ex was also granted innocent spouse relief for a tax bill (part of marital debt & she lied when she requested ISR). Divorce decree specified if either party violated it, the other party could request relief, and the violator would be responsible for attny fees & court costs. Based on her bankruptcy & innocent spouse relief, does my husband have a chance at recovering lost monies & having her held liable by IRS for ''income due to forgiven debt?'' Or will he have to pay the IRS and then go after her for the money?

If you need more info to answer, pls feel free to contact me.


Asked on 9/10/04, 11:24 am

3 Answers from Attorneys
William Stern William Stern, P.C.

Re: Child Support and Marital Debt

Ask an accountant about the tax issue. As far as offsetting child support, make a motion before the judge. It would probably be a good idea to bring a lawyer familiar with that judge. William S. Stern

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Answered on 9/10/04, 12:14 pm
John C. Talpos Talpos & Arnold

Re: Child Support and Marital Debt

Your husband has several options available. However, it is unlikely that the Friend of the Court will allow him a set-off against child support payments he should pay his ex for the bills she was ordered to pay. He may be able to require his ex to show cause why she shouldn't be held in contempt for failure to follow the divorce judgment. He may be able to bring a seperate law suit against her. He may be able to write off any payments he makes for her as a "bad debt." Please feel free to have him contact us for a more thorough discussion. John C. Talpos (248) 743-6800 (http://www.Mich-Lawyer.com)

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Answered on 9/13/04, 11:29 am
Blake Lipman Law Office of Blake P. Lipman

Re: Child Support and Marital Debt

Remember, child support and marital debts/obligations are separate matters. You cannot offset support with marital debts paid. The support is to benefit the child, marital debts cannnot decrease this obligation. Why is custody being transfered? This could be a bad move for your husband. For more info, please contact my office at (248)851-3171.

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Answered on 9/13/04, 1:30 pm


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