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When parents get a divorce, the court will assign child support as well as custodial rights, parenting time, and visitation. However, there are times when the custodial parent is not receiving child support from the non-custodial parent or they are not receiving enough to support their child. Even though a divorce is finalized, the parent can still file for child support and the court has the authority to change any other parenting rights. Filing for child support can be confusing, depending on your situation, and there are a few things you must consider first before filing for child support.
The Michigan Department of Health and Human Services is responsible for custodial parents applying for child support. The process for filing depends on whether you have received public assistance. If you have received or are currently receiving public assistance, then you will not need to open a case. This is due to the state automatically opening a case for you. The Office of Child Support will send you a letter asking you to cooperate for the case, but if you never received the letter, then you will need to call them at 1-800-540-0008 to speak to a Child Support Specialist. Even if a case it opened, you may not receive child support payments because the state can take the money as reimbursement.
If you are not on assistance, then you will need to apply through Michigan’s MiCase website. Another option is mailing out an IV-D Child Support Services Application to the Michigan Office of Child Support Central Operations office in Lansing. Once they receive the application, they will contact the prosecutor in your county, and that prosecutor will ask the court to order child support. If you have a child support lawyer of your own, then they will do this on your behalf. If you already have one court order for a child support case, you will not want to open another one even if it’s for another child. Instead, you or your attorney will need to contact the Friend of the Court to discuss the options.
If you are in need of child support assistance, don’t wait any longer to file for child support. At Bailey Smith & Bailey, we have years of experience fighting for the custody rights of fathers, so if you’re not getting the child support assistance you need, contact us today to schedule a consultation.