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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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Hello. My name isXXXXX husband, Artie Brown has

Resolved Question:

Hello. My name isXXXXX husband, Artie Brown has a child (nicholas) who is currently 14 yrs old that has been living in Atlanta, GA. with his mother. Nicholas was conceived out of wed lock and my husband and Nicholas' mother never did marry. We live in Michigan. My husband has been paying child support every month out of pocket since he and nicholas' mother separated 8 yrs ago. This was all agreed upon through a "verbal contract" nothing was ever written and/or signed.Now my husband would like to be put on child support via the "legal" system. We have already looked into filing via friend of the court for wayne county in michigan. Our question is how do we file for a child support case in differing states and stop child support back pay since we want to do this through the state now? we are not filing for any visitation since nick is of age and can decided if he wants to visit or not. thanks!
Submitted: 7 years ago.
Category: Family Law
Expert:  Tina replied 7 years ago.

Thank you for contacting the JA team for guidance.


Hopefully your husband has kept a record/receipts for the support he has paid. Since there was no order in place, your husband should not be charged for back support--only support going forward if either parent files for such. However, the receipts would show that he has supported his son even though an order was not in place.


Since your husband is not legally bound to pay child support, it appears your questions may involve future support. Since there was no order, he can stop making payments without recourse unless and until a temporary or final order is entered compelling him to pay.


If his intent is to provide for the child, he must file a petition to establish paternity and determination of child support. Generally, the petition must be filed where the child resides. However, he may continue to make payments voluntarily without filing a petition if he intends to responsibly support the child.


I hope this information is helpful to you. Please press the "accept" button so I may be paid for my time. I am available for follow-up questions or if you require clarification of my answer. Thank you.

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