Does my dad have to pay child suport if my mom doesn’t want him to?

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Does my dad have to pay child suport if my mom doesn’t want him to?

I am 17 and I live with my dad.; I and want to move in with my mom.

Asked on April 25, 2011 under Family Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Here is the general rule in Michigan:

Michigan state law establishes the guidelines that are used to determine the amount of child support that can be set in each individual case, based on monthly net income. Child support generally is paid until the child turns eighteen. If, by age eighteen, the child has not yet finished high school, support will be ordered up to age 19 1/2, as long as he or she is enrolled in high school on a full time basis, and has a reasonable expectation of graduating.

Child support is not one of those things that can be "waived" by the parties.  Child support is most often ordered as part of the divorce.  However, in order to enforce payments the party to who the support is paid for the benefit of the child or children must exercise the right to collect.  That is the catch 22 here.  Your Dad can be ordered to pay it.  Your Mom, though, may not enforce the order if Dad does not. As a minor you can not enforce the order but you could collect on a judgement for your benefit.  This is all very confusing I am sure.  And you will need legal help to sort it out.  Good luck to you. 


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