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My son is paying child support the court is taking money out…

Customer Question
My son is paying...

My son is paying child support the court is taking money out of his pay but he has another job in order to survive and they are taking the same amount of support out of this check also. Is this legal? He only makes 11.00 a hr.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Wayne County Michigan

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He does owe $1700.00 in back support, but has been paying regularly

Submitted: 10 months ago.Category: Family Law
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Answered in 5 minutes by:
9/22/2017
Family Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 14,189
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Customer reply replied 10 months ago
Please reply with text.
Family Lawyer: Legal Eagle, Lawyer replied 10 months ago

Great thanks! Just a moment...Remember, if you get an automatic phone call request and you would not like a phone call, you’re welcome to reject the offer.

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Family Lawyer: Legal Eagle, Lawyer replied 10 months ago

Thank you very much for your patience. Generally, if the court is taking out more than they need to to cover the child support, then your son should request a modification of the child support order. If the court is taking out just enough, but it is too much out of his second check, then he could still request a modification through the courts. Particularly, he could request that a greater share be taken out of his larger pay check because it is difficult for him to support himself. Although the court is not always concerned with whether someone can support themselves in this situation, if he can show that it is causing some prejudicial harm to him such that it is not possible for him to maintain a reasonable standard of living, then the court may do it. The thing is though is that this is not explicitly illegal and he will have to petition the court to get this changed in Michigan. What other questions did you have for me?

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Customer reply replied 10 months ago
Thank you your answer helps
Family Lawyer: Legal Eagle, Lawyer replied 10 months ago

The pleasure is all mine! Further up on the you should see a chance to give me a rating. 5-stars are always appreciated, but it is definitely not required! You can also click here in the future to request me individually. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

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