Child Support Question

The caller is asking if his son can get payment of child support eliminated after a divorce, when the parents are in two different states

Estate Planning Michigan Family Dispute

Brian Dailey: Now, we’re going to talk to James. James, welcome to The Law Show.

James: Hi, thanks for taking my call. My daughter–I just got out of the Marines and her husband is in the Marines still and they are filing for divorce. She’s moved back home here in Michigan and just received some paperwork from San Diego and I didn’t see whether they filed it to clerk’s office.

Brian Dailey: Okay.

James: And it’s very amicable. They have a child. He wants to relinquish all of his rights in lieu of child support, and we’re wondering maybe we shouldn’t do this here in Wayne County and handle it ourselves.

Brian Dailey: Well, is the child here at Wayne County?

James: Yes.

Brian Dailey: And how long has the child been in Wayne County?

James: Pardon me?

Brian Dailey: How long has the child been in Wayne County?

James: Approximately a year.

Brian Dailey: Okay. So Wayne County clearly has jurisdiction over that child and Michigan does not allow waiver of parental rights in exchange for elimination of child support payments.

James: Okay.

Brian Dailey: It’s against public policy, it’s not allowed, and you should definitely fight the jurisdictional fight in San Diego and then file out here. In other words, we file out here now and fight the jurisdictional issue out in San Diego through a different counsel who we can help you with in terms of locating, and then we handle it out here in Wayne County. That’s the way you definitely want to go, okay?

James: Okay, great. Maybe we’d come in and talk then.

Brian Dailey: All right. You know, the number to call the office is 248-744-5005.

James: Okay, great.

Brian Dailey: And I want you to ask for Matt Catchick; he can help you out.

James: Great. Well, thank you very much.

Brian Dailey: Okay. Thank you. We’re going to continue answering all your legal questions when we come back from these few short messages at 866-66-LAWYER. That’s 866-66-LAWYER. We’ll be right back.

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