Common Questions and Answers Regarding Divorce, Custody and Parenting Time:
1. Is it true that whoever files first gets the children?
ANSWER: No, this is not true. It is usually whoever the children are living with after separation will get custody. But, custody is not determined solely by possession. The court must determine custody under the "12 Best Interests of the Child Factors" under MCL 722.23. So a temporary custody order will be issued by the court at the time of the filing of the Divorce Complaint or a hearing for temporary hearing may be held shortly after the filing of the Divorce Complaint. The temporary custody order will eventually be replaced with a final judgment or order after a full hearing is held to determine custody.
2. I have a visitation order and my ex will not allow me to see my child. My ex states that the child does not want to visit with me and he/she is not going to force the child to visit. Can my ex do this?
ANSWER: No. Your ex must follow the visitation order and make the child go with you for visitation. If your ex refuses, then you must file a "Show Cause Motion" with the Court asking the Court to hold your ex in contempt for failing to follow the court's order.
3. My ex is threatening to move out of the state with my children. My ex says he/she has physical custody and can move where ever he/she wants with the kids. Can my ex do that?
ANSWER: No. Under Michigan law, your ex cannot move more than a 100 miles from his/her domicile without petitioning the court for an order allowing a change in domicile. Your ex cannot move out of the State of MIchigan, even if it is less than 100 miles from his/her domicile, without a Change of Domicile Order.
4. I have been paying on a child support arrear that is owed to the State of Michigan due to my ex being on assistance when my child was a minor. My child is more than 18 years old, has granduated from high school, can I get this arrear reduced?
ANSWER: It depends. You can get the arrear reduced under a "Voluntary Payment Plan" if it is an old debt and you can show that you are unemployed or minimually employed or you are low income.
5. I have been laid off and I am unemployed, I can't afford to pay my support. What should I do?
ANSWER: You need to immediatley file for a reduction in your support due to changed circumstances with the Friend of the Court. Do not wait, you could be held in contempt for failing to pay your support and you could end up in jail. The Friend of the Court will work with you if you are laid off from your job.
6. I lost my job due to my company downsizing its operations, I found a new job but I am making half of what I used to make. I can't find a job that pay the same wage as the job I lost. What should I do about my support?
ANSWER: You need to file for a reduction in your support due to changed circumstances with the Friend of the Court. Any time that you income is reduced by 5%, you are entitled to have your support changed unless you voluntarily quit your job to take a lower paying job.
ANSWER: No, this is not true. It is usually whoever the children are living with after separation will get custody. But, custody is not determined solely by possession. The court must determine custody under the "12 Best Interests of the Child Factors" under MCL 722.23. So a temporary custody order will be issued by the court at the time of the filing of the Divorce Complaint or a hearing for temporary hearing may be held shortly after the filing of the Divorce Complaint. The temporary custody order will eventually be replaced with a final judgment or order after a full hearing is held to determine custody.
2. I have a visitation order and my ex will not allow me to see my child. My ex states that the child does not want to visit with me and he/she is not going to force the child to visit. Can my ex do this?
ANSWER: No. Your ex must follow the visitation order and make the child go with you for visitation. If your ex refuses, then you must file a "Show Cause Motion" with the Court asking the Court to hold your ex in contempt for failing to follow the court's order.
3. My ex is threatening to move out of the state with my children. My ex says he/she has physical custody and can move where ever he/she wants with the kids. Can my ex do that?
ANSWER: No. Under Michigan law, your ex cannot move more than a 100 miles from his/her domicile without petitioning the court for an order allowing a change in domicile. Your ex cannot move out of the State of MIchigan, even if it is less than 100 miles from his/her domicile, without a Change of Domicile Order.
4. I have been paying on a child support arrear that is owed to the State of Michigan due to my ex being on assistance when my child was a minor. My child is more than 18 years old, has granduated from high school, can I get this arrear reduced?
ANSWER: It depends. You can get the arrear reduced under a "Voluntary Payment Plan" if it is an old debt and you can show that you are unemployed or minimually employed or you are low income.
5. I have been laid off and I am unemployed, I can't afford to pay my support. What should I do?
ANSWER: You need to immediatley file for a reduction in your support due to changed circumstances with the Friend of the Court. Do not wait, you could be held in contempt for failing to pay your support and you could end up in jail. The Friend of the Court will work with you if you are laid off from your job.
6. I lost my job due to my company downsizing its operations, I found a new job but I am making half of what I used to make. I can't find a job that pay the same wage as the job I lost. What should I do about my support?
ANSWER: You need to file for a reduction in your support due to changed circumstances with the Friend of the Court. Any time that you income is reduced by 5%, you are entitled to have your support changed unless you voluntarily quit your job to take a lower paying job.