Child Support - May confinement expenses be abated if the parents subsequently
marry?
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Question
My husband and I had 2 children before we got married. When we got
married our children were 22 months and 9 months old. We have been
informed by the state that we need to pay $3000 for confinement expenses.
When I inquired about why I own the $3000, they raised it to $7000.
So now I am afraid to ask. We have paid about $4000 now over the
years. I have talked to the agency on several occasions and I inform
them just about every year that I am married to the father. For some reason
they always act shocked to hear that. They send me letters stating
I can get child support all the time. My question is if I can try
to get this waived and prove to them I am really married to the father
could I get the money back that I have paid? Honestly I had insurance
through my father when I applied for Medicaid and Medicaid was aware. My
husband didn't have insurance to put my children under. I could have
but them under my father's insurance but we decided to use the Medicaid.
Now I wish I hadn't because now I am paying for it.
Answer
Michigan's Paternity Act was amended effective October, 2004 and provides
for the abatement of any remaining unpaid confinement expenses if the father
marries the mother after the birth of the child and provides documentation
to the friend of the court. The law states that the unpaid amount
is abated "as of the date that documentation of the marriage is provided
to the friend of the court'. I suggest that you provide a copy of
your marriage license to your friend of the court and request that abatement
take place.
Your issue regarding Medicaid and what was paid and/or should have been
paid is more of an issue between you and the Department of Human Services.
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Last Updated: 11-16-07
Send your comments, questions and suggestions to Phil Harter at 161
E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to pharter@calhouncountymi.gov