Legal Question in Family Law in Michigan
Child support question
My childern currently live with my ex and we share joint custody. I currently pay child support for both of my kids. My ex and I (for reasons of our own)decided to let our eldest to come and live with me.I plan on continously raising my son there on after. My question is if both parents have a child in their custody does child support still become a factor or does it cancel out from both of us having to pay support to each other?
3 Answers from Attorneys
Re: Child support question
Right now, even though the child may be with you, you have a court order and that means that she has custody of both kids and you have a child support obligation. If you bring it before the judge, he could order her to pay for the child with you and you to pay for the child with her but if your income is in excess of hers, you could still wind up paying support. William S. Stern
Re: Child support question
Nothing will happen unless you cause it to happen. File a motion or a stipulation to lower the child support obligation you must pay. Do not delay. Without your ex's cooperation, the court cannot adjust payments already due or made.
Re: Child support question
There should absolutely be a modification of the support. However, I cannot guess whether it would "zero it out" without knowing more. One of you may still owe the other some monthly amount.
In Arizona, every month you wait to modify is a month you "lose". Arizona does not allow retroactive modifications, so time is of the essence if you want the issue to be resovled fairly.
I can explain the issues and procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.
Please call me directly to discuss the specifics of your case, or contact my assistant Alicia to schedule a free 1/2 hour consultation.
/s/ Rich J. Peters, Attorney
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