Wayne County Law Firm, Wayne County Law

Frequently Asked Questions

  • What documents do I need to begin a real estate purchase or sale?

    A signed agreement by all Sellers and Buyers stating all the terms and conditions of the parties.

  • What do I do if I am arrested?

    Contact your Attorney before giving any statements about the situation you may be involved in.

  • What to do if you are somewhere in the world and need help?

    Call your Attorney. They have access to contacts worldwide to assist you in almost any situation.

  • What should be considered when thinking about an Estate Plan?

    If early enough in life, one should know how to provide for long term health care. Everyone should have appropriate documents to be taken care of such as Durable Power of Attorney(s); Living Will; a Will and/or Trust if appropriate.

  • What is my biggest responsibility when injured on the job?

    You must notify your employer and statutory employer as soon as possible of a work-related accident or disease.

  • How long must parents pay child support?

    The duty to support a child continues until the child is 18 years old or graduates from high school, whichever is later. In situations where the child is disabled this duty may continue beyond age 18. A parent usually does not have to pay college expenses for a child who is over 18 unless this has been agreed upon as part of a divorce case.

  • Can a parent be ordered to help with child care expenses?

    Yes. When the parent who has custody of the children needs child care in order to work or go to school to learn job skills, the other parent can be ordered to pay part of this expense. This is true even if the parent is getting subsidized child care.

  • How much child support must be paid?

    The amount of support is based on the income of both parents (or the amount each is capable of earning) and the number of children involved. The court uses statewide support guidelines unless a parent shows that this amount is not fair under the circumstances.

     

    The guidelines start by setting a basic amount which should be spent on the children's needs. This amount is based on the combined income of both parents. The amount of child support owed by the parent who does not have custody depends on the percentage of the combined income that parent earns.

     

    If a parent's net monthly income is less than $748, the court will usually assume that he or she can pay very little support. The court may order the parent to try to find a job.

  • How do I get a child support order?

    To get a child support order, file a complaint for support in your local county domestic relations office. You do not need a lawyer to do this.

     

    The domestic relations office will give you a form to fill out. Then a conference will be scheduled. At the conference, both parents must give a conference officer information about their income and expenses. The conference officer will make a recommendation about how much child support must be paid.

     

    The court will adopt this recommendation as a temporary order, but either parent can file an appeal within 20 days after the order is mailed. If either parent files an appeal, a hearing is held in front of a judge, who decides how much child support must be paid.

  • What happens if a parent doesn't pay child support?

    If a parent falls more than 3 months behind in paying child support, the domestic relations office can suspend the parent's driver's license, hunting or fishing license, or any professional license. The domestic relations office can also take any lottery winnings, federal income tax refund checks, personal property, and bank accounts that belong to the parent.

     

    A parent who willfully fails to pay child support can also be charged with contempt of court, fined, and sent to jail for up to six months. A parent who is sent to jail can often get work release and make support payments while in jail.

  • Can a support order be changed?

    A support order may be changed if there is a substantial change in a parent's circumstances-for example, an increase or decrease in income. Parents are required to report changes in circumstances to the domestic relations office within seven days.

     

    A parent who believes that the other parent has not reported a financial improvement can ask for a hearing. In order to ask for a change in a child support order, the parent must go to the domestic relations office and fill out the proper form. Afterwards, a conference will be scheduled.

     

    In addition, state law allows a parent to have a support order reviewed every three years, without having to show changed circumstances.

  • Can a parent be ordered to pay for a child's health insurance and medical expenses?

    The law requires the court to deal with health insurance for the children in every child support case. If one of the parents can get health insurance for the children at a reasonable cost at work, he or she will be ordered to do so.

     

    If both parents can get health insurance through work, then the parent who does not have custody will be ordered to get the health insurance. If neither parent can get health insurance at a reasonable cost at work, the court will order one or both of the parents to get other health insurance for the children, if this is possible at a reasonable cost. The cost of the insurance, and any uncovered medical expenses, are divided between the parties in proportion to their net incomes.

 

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Howell, Howell, & Krause serves 5 counties total.