Paying CS when child is incarcerated

[7tlhtlb2]

What is the name of your state (only U.S. law)? Michigan
Child is 17 1/2 and lives in Michigan. Child has not been living at home for 6 months. Child has had "run ins" with the law and doesn't attend school. Currently, child is incarcerated for 60 days. Once out, child will turn 18 in approximately 2 months. Custodial parent has said they will not accept child back into house. Court order says to pay until 18 1/2 or until out of highschool. Should I still be paying child support? Child can't live with me since I live out of state and child has pending legal issues to take care of. But, child is living with friends and not at home with custodial parent.

 

[CSO286]

What is the name of your state (only U.S. law)? Michigan
Child is 17 1/2 and lives in Michigan. Child has not been living at home for 6 months. Child has had "run ins" with the law and doesn't attend school. Currently, child is incarcerated for 60 days. Once out, child will turn 18 in approximately 2 months. Custodial parent has said they will not accept child back into house. Court order says to pay until 18 1/2 or until out of highschool. Should I still be paying child support? Child can't live with me since I live out of state and child has pending legal issues to take care of. But, child is living with friends and not at home with custodial parent.

Is child in jail or juvenile detention?? (This can change my answer.)


You can motion the courts, but you may want to check with the local courts to see how long it would take to get a hearing. At best, you might get an order allowing for support to stop at age 18 (or HS graduation, whichever is later).

And the CP may accept the child back into the home and might only be refusing right now out od frsutation and anger. That part's kind of irrelevant.

So,
1. You have to continue to pay support even while the child is incarcerated. The CP still has maintain the child's residence while the child is out of the home.

2. Once the child is out and if the CP still refuses to accept child bank in home, you're in a bit of a pickle. CSE generally operates under the "ass"umption that even if the child is not in the CP's home, the CP is still providing some of the child's needs and will usually not allow for support to terminate. For that reason, they will state you must continue to pay support as ordered.

 

[7tlhtlb2]

The child is in adult jail. Not sure if that changes your answers. I'm not sure if CP will be responsible for the the jail fines or not. It they are, I understand they would get the child support.