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Lesko04 · Jun 29, 2009, 08:41 PM

My child was born in Tennessee, the mother and father never married or even lived together. He only met the child on the day I decided to move back to Michigan.
Our child support arrangement has always been a private agreement drawn up by an a local attorney, it has worked for the last 12 years. I've been back in Michigan since September of 2002, now we are considering going through the court, due to factors like unconvered medical cost, possible assistance with college tuition. The question is what State has jurisdiction over this case? I think it would be the state the minor child lives in. He thinks it would be the state he lives and works in (where she was born). How do I find out which state is the correct state to purse assistance and aid with this matter?

cadillac59 · Jun 29, 2009, 09:50 PM

Originally Posted by Lesko04

My child was born in Tennessee, the mother and father never married or even lived together. He only met the child on the day I decided to move back to Michigan.
Our child support arrangement has always been a private agreement drawn up by an a local attorney, it has worked for the last 12 years. I've been back in Michigan since September of 2002, now we are considering going through the court, due to factors like unconvered medical cost, possible assistance with college tuition. The question is what State has jurisdiction over this case? I think it would be the state the minor child lives in. He thinks it would be the state he lives and works in (where she was born). How do I find out which state is the correct state to purse assistance and aid with this matter?

Michigan has jurisdiction over child custody if you've lived there with the child for over 6 months and there has never been a child custody order entered by any court. Tennessee has jurisdiction over child support (the dad lives there I think you said). Michigan would only have jurisdiction over support if the dad has some connection with the state. For example, has he ever lived there, was the child conceived there, etc, that sort of thing?

ScottGem · Jun 30, 2009, 04:34 AM

First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

I'm really surprised an attorney drew up such an agreement. I could be wrong on this, but such an agreement, unless ratified by a court would be unenforceable. That's probably why you have to go to court now, because you can't just use this agreement and sue him to make him comply. But if I'm wrong on this, then that's what you should do. Take him to civil court where you live to enforce the agreement.

But if I'm not wrong, then cadillac's answer applies.

JudyKayTee · Jun 30, 2009, 06:08 AM

Originally Posted by ScottGem

First its not a good idea to piggyback your question on someone elses. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

I'm really surprised an attorney drew up such an agreement. I could be wrong on this, but such an agreement, unless ratified by a court would be unenforceable. That's probably why you have to go to court now, because you can't just use this agreement and sue him to make him comply. But if I'm wrong on this, then that's what you should do. Take him to civil court where you live to enforce the agreement.

But if I'm not wrong, then cadillac's answer applies.

That's how it is in NY. Don't know about OP's State.