jurisdiction question

[PerfidyorFealty]

What is the name of your state? Michigan and Colorado

If a mother files for child support in Michigan against a father who resides in Colorado, is the case heard in Michigan and do the Michigan support guidelines apply or is it Colorado who hears the case?

 

[nextwife]

Who moved and how long have you been there? I presume the kids are in Michigan? You don't say.

 

[PerfidyorFealty]

Nobody moved. The mother has lived in Michigan with the child all of the child's life. The father lives in Colorado. The mother has filed for child support so that the father will finally have to contribute to the cost of raising his daughter. The child is almost 7 years old and the mother has never gotten a cent from the father for her since birth til now.
Will the father have to appear in court out in Michigan if he tries to fight having to pay CS or will he be able to do that through the Colorado courts?
Will he have to pay back child support for the previous 6 + years of this child's life or will he only have to pay from here on out?

 

[VeronicaGia]

I'm hoping IAAL or BCBill will respond just in case I'm wrong. At this point, MI will not have jurisidiction over you because you are not a resident of MI. So you could file in CO to establish court ordered support.

 

[PerfidyorFealty]

No, no. I'm asking this question for a friend of mine and out of my own curiosity. Will the case be handled by Michigan where the mother filed for support or be handled by Colorado where the father lives? Also, will the father be liable for any retroactive support or does it not work that way? The mother has shouldered all the costs related to raising this child and he has contributed nothing more than a few gifts for the daughter on her birthday and at Christmas.

 

[PerfidyorFealty]

One other thing, how long does the father get to file a response to the court before it's too late and it becomes default?

 

[nextwife]

Has paternity been legally established or acknowledged?

 

[PerfidyorFealty]

What does that have to do with what I am asking? I suppose he might challenge paternity and want a test even though he knows her child is his. Let's say for the sake of argument that paternity is not an issue, can my questions be answered here? I hope so. Thanks.

 

[VeronicaGia]

One other thing, how long does the father get to file a response to the court before it's too late and it becomes default?

It should say right in the court documents how long he has, usually they give a specific date by which they must receive his answer.

Also, a paternity test could be very important if paternity has not been admitted by him signing the birth certificate or an affidavit of paternity. Believe me, he wouldn't be the first man to find out he wasn't the father, if that happend to be the case.

 

[PerfidyorFealty]

She doesn't have any of the paperwork. The friend of the court does. So does no one know who would be deciding this case, Michigan or Colorado?

 

[Whyte Noise]

Check here:

http://www.calhoun-mi.com/Government/Departments/ProsecutingAttorney/ChildSupportDivision.htm

It's the webpage for Calhoun County, but state law is state law no matter what the county.

 

[stealth2]

It's a tricky question, Perfidy, and one that may ultimately be decided by the court. But making a stab at it.... If Mom files for support in MI, and Dad doesn't contest jurisdiction - MI will take the case. If Mom files in MI, and Dad DOES contest jurisdiction based on his residency in CO - MI will decide whether MI or CO hold jurisdiction. If Mom files in CO, CO will likely take the case based on Dad's residence in CO.

 

[lott517]

The case should be heard in MI since the child was born and is being raised there. Paternity will play a huge role esp. if he trys to fight it. I was with my ex for 9 yrs, married 5 yrs, we had our first two children at ages 17 then at 19 - before we got married. He never stated he wasn't the father or questioned it but the judge ordered a paternity test for the children born out of wed lock. Also he should have to pay back child support, a friend of mine had a physical relationship with a woman and the woman moved to PA, nine years later she takes my friend to court for child support even though my friend didn't know he had a daughter until she was nine, paternity had to be proved in that case too.

 

[PerfidyorFealty]

He can request a paternity test if he wants. My friend isn't concerned about that and in fact would welcome it so as to eliminate any doubts from his family's minds. He knows what the results will be from it. I could see him doing that just to drag things out. Does it take a long time for the results to come back from those tests?

 

[lott517]

I can't truely remember how long it took for the results to come back, but I would think it would take a couple weeks. We had our paternity test done at the local child support enf. office. She may want to call Friend of the court and ask for info just so she knows.