Child support vs termination of parental rights in MI

[KylesMom]

Michigan: Not my proudest moment, however, son in custody of the MDOC (3-10yrs) according to law, if separated by a period of more than 2 years Parental rights are deemed a necessity to be terminated. When (and if) this were to come to pass, will he still be responsible for child support payments?

 

[Isis1]

Michigan: Not my proudest moment, however, son in custody of the MDOC (3-10yrs) according to law, if separated by a period of more than 2 years Parental rights are deemed a necessity to be terminated. When (and if) this were to come to pass, will he still be responsible for child support payments?

sorry, but for a little clarification....

your son is in custody. who are the child support payments for? your son? or your son's child?

 

[KylesMom]

Hello. Sorry for the confusion and/or lack of information. My adult son, father of twins (age 19mos) sentenced to the MDOC. Wife (still married) tried to commit suicide, CPS/DHS placed children in foster care. Termination trial is for my son, due to the guidelines and laws. Daughter-in-law, is in a program to encourage reconciliation w/the children.

Will he still be held liable for child support (and arrearages) if the courts are successful in their bid to terminate his parental rights? Thank you.

 

[Isis1]

Hello. Sorry for the confusion and/or lack of information. My adult son, father of twins (age 19mos) sentenced to the MDOC. Wife (still married) tried to commit suicide, CPS/DHS placed children in foster care. Termination trial is for my son, due to the guidelines and laws. Daughter-in-law, is in a program to encourage reconciliation w/the children.

Will he still be held liable for child support (and arrearages) if the courts are successful in their bid to terminate his parental rights? Thank you.

phew. okay, that was much better! thank you for clarifying.

if dad's parental rights are terminated, (not just his visitation rights) then yes, support would be terminated. however, any arrears up until the adoption, he would still be responsible for.

 

[Proserpina]

Hello. Sorry for the confusion and/or lack of information. My adult son, father of twins (age 19mos) sentenced to the MDOC. Wife (still married) tried to commit suicide, CPS/DHS placed children in foster care. Termination trial is for my son, due to the guidelines and laws. Daughter-in-law, is in a program to encourage reconciliation w/the children.

Will he still be held liable for child support (and arrearages) if the courts are successful in their bid to terminate his parental rights? Thank you.

Yes, he can still be held liable.

Whether or not he will, it's really hard to predict.

 

[KylesMom]

Thank you for your response, but I must ask since you are obviously well versed on the law, and I as a grandparent seem to have my concerns fall on deaf ears.

What is the purpose then for the State to pursue such action if the parents are not divorcing? If the parent losing parental rights is opposed to the actions? I am very confused. I have read the MI Child Welfare Law, up through chapter ll wherein parental rights is discussed, and am now even MORE CONFUSED.

Also, if my son's rights are terminated, does this mean now in the eyes of the law, I am no longer "grandma"?

 

[doc2b]

If they aren't planning on divorcing, why is she pursuing support from him? That confused me...

 

[doc2b]

I forgot to add this link for you...with regards to grandparents rights in MI.

Michigan Legislature - Section 722.27b

 

[Proserpina]

If they aren't planning on divorcing, why is she pursuing support from him? That confused me...

Did OP mention that Mom was the one pursuing support?

I was under the impression that the State wishes to terminate Dad's rights...not Mom.

 

[doc2b]

Did OP mention that Mom was the one pursuing support?

I was under the impression that the State wishes to terminate Dad's rights...not Mom.

Nope, she didn't...there goes my imagination again

 

[justalayman]

who is seeking the termination of paternal rights?

do the mother and father have any intent of reestablishing a relationship?

the support is ordered to be paid to the state and not mom, correct?



I won't swear to it but I think the demand for support does not necessarily terminate with the termination of rights, especially if the child is in state custody. I know at least several other states allow the support requirement to continue and I thought Michigan does as well. I cannot find any support for or against it though.

 

[KylesMom]

Sorry, had to take a break.

Parents of my grandchildren, son & daughter-in-law are (so far) not divorcing. When the children were put into foster care the State became involved for obvious and previously stated reasons.

The State is pursuing child support for the foster parents. Mother of children exempt for paying as she is unemployed. Son received notice today at his Correctional facility that he is now liable for $800 per child per month, even though he is incarcerated and will be at least a minimum of 3 years. That is $1600 per month with no income. Even if granted permission to work within the prison, they are paid, I believe a little under $2 per day. The math does not quite add up. Regardless- he made the bad choices that he did and is now in prison and will have to live with those consequences. It is my grandchildren that I am worried about.

The mother is not pursuing divorce, and hopes for reconciliation, and I do not see how this can happen if his parental rights are terminated and hers are not. This would make no sense to me. I thank you all for trying to help me sort thru this mess- I remain confused.

 

[KylesMom]

Proserpina: You are correct, it is the State of Michigan that is determined to terminate his rights and the mother objects, however fearful of the wrath of the CPS/DHS cannot speak her wishes as she fears retribution in the form of stripping her of her parental rights as well.

The State is basing there claim on his incarceration.

 

[justalayman]

it doesn't really make any sense. If the bio parents are not seperating/divorcing, I do not see the justification to terminate his rights. It just doesn't make sense if bio mom isn't supporting that action.

I would suggest somebody talk to a lawyer versed in this area of law. This is a very involved situation and it would almost certainly be beneficial for whomever is providing you with information to be able to obtain any and all info about the situation.

Not inferring you are withholding anything, please don't take it that way.

 

[Proserpina]

it doesn't really make any sense. If the bio parents are not seperating/divorcing, I do not see the justification to terminate his rights. It just doesn't make sense if bio mom isn't supporting that action.

I would suggest somebody talk to a lawyer versed in this area of law. This is a very involved situation and it would almost certainly be beneficial for whomever is providing you with information to be able to obtain any and all info about the situation.

Not inferring you are withholding anything, please don't take it that way.

It would appear that Dad is in jail - thus, the State is wishing to terminate his rights (alone) based on the term of incarceration and/or the crime itself.