Legal Question in Family Law in Michigan

Parental Termination/Child Support

At a show cause hearing for child support can a judge make a decision without the paying party being present because of incarceration? Also once parental rights are terminated does child support for the child/children continue? If a person is incarcerated without income does he/she have to continue to pay child support or is it put ''on hold'' until there is income again?


Asked on 1/26/02, 9:22 am

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

Re: Parental Termination/Child Support

Until a new order for support is entered, the old order is still in effect. Once parental rights are terminated, the obligation to pay support is also terminated. It seems that there would be good grounds for appeal to have a show cause hearing without the party present.

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Answered on 1/26/02, 11:42 am
Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Parental Termination/Child Support

Yes, the Judge can rule on support without a party being present. Upon Termination od Parental rights the obligation to pay current and future support also terminates. All arrearages are still due and owing unless specifically wiped out according to language in the order. Support Orders in effect prior to Termination are controlling up to Termination.

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Answered on 1/26/02, 5:01 pm


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