Child Support Lawsuit by an Adult Child in Michigan

In short, yes. In Michigan, an adult child can potentially sue a parent for back child support under certain circumstances. Child support in Michigan is a court-ordered payment that is made by one parent to the other for the benefit of their child or children.

Specifically, child support is a court-determined periodic payment that is ordered by a family court when a child’s biological parents are separating or going through the divorce process. In general, the parent who does not have primary physical custody of the child or who lives with a child less than half of the time is the parent who is ordered to make child support payments.

Child support is meant to provide for a child’s basic needs, including food, clothing, education, and medical care. When calculating child support, the total amount of the child support will be based on various different factors.

Factors that may impact the total amount of child support include the custody arrangement between the parents or custodians, the child’s best interests standard, each parent’s income and financial obligations, and the number of children involved in the support case.

Specifically, child support in Michigan is calculated according to the Michigan Child Support Formula. That formula uses an income shares model. The income shares model considers the combined incomes of both parents and the number of children to determine the appropriate amount of support. The formula also takes into account factors such as healthcare and childcare expenses.

The percentage of net income allocated for child support depends on the number of children, as follows:

• 1 child: 25% of the paying parent’s net income
• 2 children: 29% of the paying parent’s net income
• 3 children: 33% of the paying parent’s net income
• 4 or more children: 35% or more of the paying parent’s net income

Examples of such financial needs that are meant to be addressed by child support payments include, but may not be limited to:

• Food, shelter, and clothing
• Medical care and health-related expenses
• Educational expenses, such as private school tuition

In some cases, a parent may not timely pay child support. In these cases, that parent may be sued for enforcement of the child support order. That legal action carries various different legal penalties and consequences. In addition to the parent receiving child support, a child who has become an adult may also sue for back child support.

In fact, according to the Michigan Paternity Act (MCL 722.714), an adult child may bring a paternity action to seek child support if the parent has not fulfilled their financial obligations. In other words, an adult child can sue for back child support, also known as child support arrears.

It is important to note that in the state of Michigan, an adult child has 10 years from the date the last child support payment was owed to bring a lawsuit for child support arrears. This means that if the last payment was due on a specific date, such as the end of the month, the adult child has 10 years from that date in order to file a lawsuit to collect any overdue support.

When Is Child Support Owed to an Adult Child?

In Michigan, child support is only owed to an adult child under specific circumstances. According to Michigan Compiled Laws 552.605b, child support may continue after the child reaches 18 years old if the child is regularly attending high school on a full-time basis with a reasonable expectation of completing sufficient credits to graduate. That child support can continue until the child reaches 19 years and 6 months of age, but no longer.

It is important to note that child support in Michigan includes providing health insurance coverage for the child until they turn 26 years old. That means the parent who is responsible for child support must ensure that the child has health insurance coverage, which can be through private insurance, Medicaid, or other means.

Finally, in Michigan, you may also be ordered to pay child support for a disabled adult child. Importantly, if your child has a disability that began before they turned 22, they may qualify for Disabled Adult Child (“DAC”) benefits under Social Security. These benefits are based on your work record. However, you may still be required to continue providing child support to help cover their needs.

What Is a Lawsuit for Child Support in Arrears?

A lawsuit for child support in arrears in Michigan is a legal action taken to collect overdue child support payments from the non-custodial parent. This can be initiated by the custodial parent, the state (if public assistance was provided in the initial or current order), or the adult child themselves if they are eligible.

In cases where a non-custodial parent fails to make the required child support payments, any of those parties can file a lawsuit to recover the unpaid amount. Unpaid child support payments are known as arrears.

The family court that issued the original child support order can enforce the payment of back child support through various means. For instance, the non-custodial parent may face wage garnishment, have their assets seized, or have liens placed on their property.

What Are Some Issues With Lawsuits for Child Support in Arrears?

Lawsuits for child support arrears in Michigan can present several challenges to the party that is seeking back support, including:

• Proof of Arrears: The party seeking arrears must provide evidence of the overdue child support payments, including documentation of missed payments and the total amount owed
• Legal Representation: Navigating the legal system can often be complex, so having an attorney can be beneficial to ensure all necessary steps are followed correctly
• Court Hearings: A child support arrears case may require multiple court appearances, including hearings to present evidence and arguments
• Enforcement Actions: If the court rules in favor of the party seeking back support, enforcement actions such as wage garnishment, liens on property, or suspension of licenses may be necessary to collect the owed amount
• Negotiation and Settlement: In some cases, it may be possible to negotiate a settlement with the non-custodial parent to resolve the arrears without going to court
• State Involvement: If public assistance was provided, the state may also be involved in the lawsuit, which can add another layer of complexity to the child support arrears case

A local Michigan lawyer will be most familiar with the civil laws and procedures regarding child support arrears. As such, they can help you enforce your child support order and seek arrears from the non-custodial parent.

Do I Need to Hire a Lawyer for Help With Unpaid Child Support Issues?

If you are having any issues related to unpaid child support, then it is in your best interests to consult an attorney. LegalMatch can assist you in locating and setting up a consultation with an experienced Michigan child support attorney.

An experienced lawyer will be able to help you determine your best course of legal action for recovering your unpaid child support. They will also be able to help you file the paperwork necessary to initiate legal action to collect unpaid child support. Finally, a child support lawyer can represent you in court, as needed.