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AlexiaEsq.
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Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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My husband has a daughter who is 21. She has a physical disability.

Customer Question

My husband has a daughter who is 21. She has a physical disability. She and her mother ecently moved from CA where they shared equal time with her to Michigan. The daughter has not spoken to or returned phone messages from her Dad in over 10 months. Before leaving CA the Mom went to court to ask for child support and was granted 900.00 monthly.

What are the child support and visitation laws in Michigan pertaining to adult children. The daughter is fully ambulatory, capable of working part time and in CA lived alone in an apartment, received SSI, as well as Life coaching and a full time nurse for epileptic seizures.
Submitted: 2 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 2 years ago.
Hi, thanks for your inquiry! I have been practicing family law for 17+ years and have specific experience with issues like yours. I have been a stage 4 (highest) professional lawyer with the Company for nearly 4 years, and enjoy giving top knotch answers to all of my customers. I am happy to share with you my decades of experience as I donate my time here.





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That being said...

With regard to your post:

My husband has a daughter who is 21. She has a physical disability. But no mental disabilty, I think you are implying.

 

She and her mother ecently moved from CA where they shared equal time with her to Michigan. The daughter has not spoken to or returned phone messages from her Dad in over 10 months. Why is that? Has dad taken a trip out yet, to see what is wrong with her?

 

Before leaving CA the Mom went to court to ask for child support and was granted 900.00 monthly. Did dad oppose this? What was the court's reasoning in granting? Was the adult child's SSI moneys included in the decision, even if disregarded? I presume he paid it earlier, it terminated and then restart. Let me know if that is incorrect.

What are the child support and visitation laws in Michigan pertaining to adult children.


Michigan provides the following on post-18 child support:


http://law.onecle.com/michigan/552-divorce/mcl-552-605b.html

As you can see, it does not discuss disability as a basis.


However, MI also gives full faith and credit to CA Orders. He can fight the CA order and the mother will have to travel to CA to fight back.


Michigan has no law requiring an adult to engage in visitation with a parent, however. However, a judge may find CS inappropriate where a child treats the paying parent as merely a "wallet" - despite attempts by that parent for a relationship.


The daughter is fully ambulatory, capable of working part time Get a vocation expert to provide report and possibly testimony on that fact, and ask that income be imputed to her.

 

and in CA lived alone in an apartment, received SSI, as well as Life coaching and a full time nurse for epileptic seizures. OK, a FT nurse somewhat contradicts the "living alone" part. But if that was in error, thhs is very strange that CA would have awarded the CS - did your husband fight this? Or did he fail to oppose it?

Optional Information:
State/Country relating to question: Michigan

Already Tried:
Communication with the Mother and daughter. Both are unresponsive. Let's face it, it sounds like they are on the gravy train.


I'd urge him to consider fighting that CA order since that order will be binding until changed.
-------



I hope this clarifies and I wish you the best.





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