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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102162
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My daughter lives in Michigan. Her husband has custody of

Customer Question

My daughter lives in Michigan. Her husband has custody of their two children. The divorce papers say that she does not pay child support. The divorce has been final for about two years. He is now threatening to take her to court and pay child support if I won't co-sign a loan for him.
Can he take her to court, for any reason, and have her now pay child support?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

Technically, he can try to take her to Court to get child support. Or rather, he can file to modify. In order to get a modification for child support (in this case, modification mean actually getting it ordered), he would have to prove:

1) That it is in the best interest of the child, and

2) There has been a substantial change in circumstance since the original order that makes his request warranted.

In other words, the Judge would want to see WHY he wants child support now and what has happened to chance the circumstances.

If he cannot prove a god reason, or worse yet if she can show by his emails or texts that the primary reason for his request is to get a co-signor, then the Court is much less likely to agree to his request.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.