Much of Michigan Child Support Debt is not for Child Support but a State Surcharge
11th, 2009 by Robert Franklin, Esq.
According to this article, a good (albeit unstated) portion of Michigan's child support
arrearages aren't child support arrearages at all, but interest due on
unpaid amounts (Detroit News, 12/7/09). In 1996, the Michigan
legislature passed a law requiring non-custodial parents to pay
interest on any arrearages in child support. It set the rate at 8%
which was to be compounded, presumably yearly. I don't know where they
came up with that figure, but it's significantly more than, for example
the return on highly-rated municipal bonds, U.S. Treasury bonds, etc.
And the fact that they allowed the amounts to be compounded added
insult to injury.
Thank you for bringing the issues in Michigan to light.
A few more points:
* For children or custodial parents on welfare, "child support " that
"goes to the child" actually goes to the state to repay those
expenses. If it's set too high the child is harmed because the
non-custodial parent can't help with the child's real day to day
* There is substantial evidence of ongoing and systemic fraud in calculating child support in Michigan.
* There is evidence of systemic application of illegal automatic income
imputation, a known violation of Michigan law under Michigan supreme
court rulings for 10 years.
* There is evidence that child custody determinations are racist. Only
3/5ths as many African-American fathers get recommendations for sole or
joint custody, as compared to White Non-Hispanic fathers, based on
county to county data. Racial data is not available, and would likely
be substantially worse.
* There is evidence that courts are altering recordings and manipulating official records in violation of federal laws.
* The 2008 MCSFM (Michigan Child Support Formula Manual) was changed to
make parenting time offsets insignificant. A parent who directly cares
for a child 79 overnights + 26 weekdays only gets 2% of the family
income available under state law for that child for his/her support
* There is evidence that courts are knowingly violating and evading federal laws on garnishment limits.
* FOC form 10a makes child support fraud easy, and there is evidence
that it's used in a coercive manner to force parents to give up various
rights (e.g. the ability to object ot move away decisions, later
modification of child support, etc).
* Google "Carol Rhodes Friend of the Court Video" and watch it. She worked there and saw it all.
* All of this is documented at scribd dot com slash DougDante.
But no Republican or Democrat politician is really willing to fundamentally change the way child support is calculated or enforced because they don’t want to look like they are soft on all those dead beat dads out there.
Heck they figure that you cheatin’ abusive dads out there deserve to have to pay bloated support orders after all if you’d just been a good husband or boyfriend she would have never kicked you to the curb or it is your own damn fault ‘cause you left her for some other chick. Finally these statist politicians either think that it is a man’s responsibility to care for his ex and their children or that women are the superior gender and deserve to be supported at what the state determines is best. Think about it, doesn’t most republocrats believe that it is “fair” to have a graduated income tax and property tax?
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