PLEASE HELP ASAP child support issues

Question

Ok I posted this in a few places, but most answers were no help because everyone is basically saying I am being an irresponsible mother by doing this.

Ok I get medicaid, so by law my babys father has to pay 12 a month to offset the state cost due to the fact we are not living together. According to Michigan state law I do not have to seek any other form of child support if I don't want to because I am not recieving any form of public assistance and the medicaid is being paid, the 12 a month goes to the government, not me, but when we went to court the judge ordered support against my will even though I stated and signed a paper saying I did not want to seek any other support. My question is, how can I get this reversed? Is there any way I can get a hearing with a different judge? What are my options??

Just so you know since I got a lot of comments about this on the last ones, I do not want support because my babys father and I are still together, in a relationship, and will be moving in together by this time next year. Right now he is on a scholarship to play football and will be transferred to the same college as me at which point we will be able to obtain family housing, or at least get an apartment together, but right now I am going to college out here and he is going to college 100 miles away so it's not practical to stay together. He still takes care of his daughter and he sees her as often as possible and he gives me money to buy her things like diapers, food, clothes etc., or buys them himself. They are trying to seek more in child support than it is even possible for him to pay. It is not that I do not want him to support his child, I just don't want to go through the support office. Please help this is seriously stressing me because I know if the order remains the way it is my babys father will not be able to pay and he will go to jail and then my daughter will have NO father...I feel like I am looking out for my family's best interest but everyone keeps making me feel like I am being a bad mom for wanting to do things on my own

Answer 1

First, does the order to pay, go through the court (meaning does he send the checks to the court) or do the support checks go directly to YOU? If they go to you, just let him pay them and then give the money back.

If it goes through the court, get a lawyer to change the way the money is given. The court will not usually stop child support altogether. But this would be the easiest way to handle this situation. He will get credit for being a good supportive father and if your situation changes and you break up, then it is already set up.... then everyone is happy.  

Answer 2

There are a few things that you could do. One would be to contact Social Services and see if they can help you.

The first thing I thought would be marriage. It's extreme, I know, but if you are married, then no one has to pay child support.

I'm afraid that I'm not well-versed in family law, but you could try and keep the entire thing wrapped up in red tape until you're living together. Basically, just keep appealing and finding things to bicker about with the court.

I'm no lawyer, so take what I say with a grain of salt, but I hope that I helped, somehow...

Answer 3

Go to your courthouse and find all of your options for a mutually agreed upon removal of the child support.  However, he will not go to jail for not paying his child support.  What would happen is if you decided to sue him for not paying it and he still did not pay it, he could be charged with disobeying a court order.  However, if you do not sue him for it the government will most likely not pursue criminal charges.  (Assuming your child support is paid directly to you and not through a third party)

Answer 4

just dont have him pay it. as long as you do not go back to court and say he is not paying it they will not bug you or anything. no state goes after them for more or garnishes their wages unless the mom files a complaint with court. and if your together he doesnt have to, as long as he has the same story as you.

Answer 5

You can sign an agreement on how much extra support you get and file it with the court.  

Answer 6

"Ok I get medicaid"

*then*

"I am not recieving any form of public assistance"

Are you unaware that Medicaid IS public assistance?

Answer 7

Ok,simple answer as to why the judge ordered the child support.

Apparently your income is low otherwise you would not qualify for medicaid. By ordering child support through the court,he is requiring the father to support his child so in the future,if your income drops,you will not have to rely on welfare. Your income alone is probably not enough in the court's eyes to sufficiently support your child. Also,if money is sent through the courts,it is counted as income to qualify for medicaid.

Since the two of you don't live in the same household,you are not considered together according to the courts. Once the two of you reside together it is a different situation.

Without it going through the support office,there is no proof for him that he actually paid you any support at all. It is also for his protection to send support through the court because at a later date,if the two of you separated,he could be held responsible for back support because it would be his word against yours as far as what has been paid.

If the amount of support he was ordered to pay is too much,he can file an appeal to get it lowered.

I understand your point and certainly don't agree with all decisions that are made by the court in regards to child support, but the judge followed the laws and did this to protect everyone involved,especially your child who he is seeking support for. I certainly don't think you are a bad mom.