Establishing child support if the other parent is a nonresident

Many children go without support when a biological parent leaves the State without a support order having been established. The question is, then, can the left-behind parent establish a child support order? How does a court assert jurisdiction over a nonresident parent?

Michigan, fortunately, is among the vast majority of States that has adopted the Uniform Interstate Family Support Act "UIFSA". As a result, Michigan's courts may assert personal jurisdiction over the parent who abandoned the children if any of the following are true:

 (a) Personal service of a citation, summons, or notice is made within the
state.

(b) After a petition requesting establishment of a support order is
filed, the nonresident parent submits to jurisdiction in Michigan. There are
several ways this can be done: by consent, by entering a general appearance, or
by filing a responsive document having the effect of waiving a contest to
personal jurisdiction.

(c) The nonresident parent resided with the child in Michigan.

(d) The nonresident parent resided in Michigan.and provided prenatal expenses or support for the child in this State.

(e) The child resides in Michigan as a result of the individual's acts or directives.

(f) The nonresident parent engaged in sexual intercourse in Michigan and the child
may have been conceived by that act of intercourse.

(g) The nonresident parent executed an acknowledgement of parentage in Michigan.

To review the bases for jurisdiction in Michigan, see MCL 552.1201

Here's a sample petition that you can use to file for child support. A WordPerfect document.

Here's a sample verified statement, although local Michigan courts will likely require you to use the Friend of the Court Verified Statement approved by SCAO, FOC 23.

You can see what the UIFSA law is in Michigan here. Or  click on the map on this website to check the laws of another state.

See a 50 State Summary here.

This document contains information regarding the matrix which illustrates a national overview of each States` and jurisdictions` UIFSA legislative status. The matrix contains the following information on each State: enacted date; effective date; States` UIFSA cite; and contact number for additional
legislative information. To date, all States and jurisdictions have adopted the Act except Guam, Kentucky, New Jersey, and the Virgin Islands.

Foreign countries who are signatories may result in jurisdiction. In Canada, it's broken down by province. Mexico has no reciprocity.

Do you need help with a child support case? Find a Michigan Family Lawyer near you.

Technorati tags: child support, child support enforcement

Comments

[Jeanne M. Hannah]

Support cases are highly fact-specific. If your boyfriend allowed himself to be defaulted, then he never contested the facts in the case. Your statement of facts leaves out far too many details to allow me to speculate how Michigan obtained jurisdiction to award and enforce a support order. Only a lawyer who looks at the entire case file can express an opinion as to this case.

[Jess Rich]

I have a question my boyfriend has a child that was determined his via a DNA test. However it was conceived in Mississippi... And after conception they broke up and she moved home to Michigan. My boyfriend has been a Mississippi resident for years... How is it that he owes support to Michigan and is being accused of abandoning the child in Michigan when he hasn't been in Michigan in years? Never resides with the child.