It's not mystery that emotions run high during family court cases, especially those that involved support or custody disputes. Minor children have a right to be financially supported by their parents and this especially comes into play when parents separate or are unmarried. Sometimes a court must step in and decide which parent gets custody and which parent pays child support.
When parents separate, there are many financial and support decisions that must be made. Minor children have a right to the financial support of a parent. Courts are often involved in these determinations and a judge may decide which parent will pay child support and how much that parent will pay. Sometimes making consistent payments is easier said than done. For this reason, both the person paying support and the recipient can seek legal help if there are issues with the payments.
A recent story out of Michigan takes child support enforcement to a new level. Children have a right to court ordered support and they depend on the money from their parents to provide for daily needs, as well as incidental expenses. This is why enforcement is so critical.
It's that time of years when governors release proposed state budgets. Governor Rick Snyder just released his budget ideas for 2014 and over two-thirds of the funds are to be earmarked for education and health and human services. The governor sees the state heading in a positive direction after the recent economic downturn and hopes that the budget will keep the state trending in that direction.
It sounds like a movie script. A judge in Genesee County faces a lawsuit by another attorney for failure to pay child support. The attorney claims that the judge is the father of her two children but that he did not help support the children. Ironically, the judge is renowned for being an advocate for responsible fathers.
The Michigan Supreme Court has held that a parent's lack of resources could be a defense for not paying child support. The ruling marks a change from previous law. In practice, however, proving inability to pay may be very difficult.
The Michigan Supreme Court has held that a parent criminally charged with failure to pay child support should be allowed to offer evidence that they are unable to make support payments due to financial hardship. The ruling could have a significant effect on parents being prosecuted for failure to pay, but only if the parent is capable of showing that the support payments are impossible to meet.
The Michigan Supreme Court in a 5-4 decision recently held that if a person criminally charged with the failure to pay child support could demonstrate it was "impossible" to pay, that will be a defense against the charge. This is significant as currently failure to pay child support can be prosecuted as a felony. To see the July 31, 2012 article, go to: http://www.freep.com/article/20120731/NEWS06/120731087/Michigan-Supreme-Court-creates-defense-in-child-support-cases?odyssey=tab|topnews|text|FRONTPAGE
Michigan parents know that raising a child is expensive. However, they may be surprised to learn just how expensive it actually is.
Even with the expansion of federal law in recent years, there are still many areas of the law where state law is primary. Family law is one of those areas.