Full question:
I am 8 months pregnant now and am on maternity leave. I work as an accountant in a mid-size firm in Grand rapids. I am not married and am worried about the medical expenses that I am going to have to incur once the child is born. Am I entitled to get any financial support from the child's biological father?
- Category: Minors
- Subcategory: Child Support
- Date:
- State: Michigan
Answer:
In Michigan, a child born out of wedlock is entitled to receive financial support from their biological father once the paternity is established or the father acknowledges paternity. The provisions that govern the aspect with respect to providing for child support is laid down in MCLS § 722.712. It reads:"(1) The parents of a child born out of wedlock are liable for all of the following:
(a) The medical expenses connected to the mother's pregnancy.
(b) The medical expenses connected to the birth of the child.
(c) The necessary support and education of the child.
(d) The child's funeral expenses.
(2) Subject to subsection (3), if medicaid has not paid a medical expense described in subsection (1)(a) or (b), on request from a parent, the court in an action brought under this act shall do all of the following:
(a) If the court determines the expense to be reasonable and necessary, apportion the expense between the parents based on each parent's ability to pay and on any other relevant factor, in the same manner as health care expenses of a child are divided under the child support formula established under section 19 of the friend of the court act, 1982 PA 294, MCL 552.519.
(b) In the court's discretion, if 1 parent has paid the expense, require the parent who did not pay the expense to pay his or her share of the expense to the other parent.
(c) In the court's discretion, at the request of a person other than a parent who has paid the expense, order a parent against whom the request is made to pay to the person the parent's share of the expense.
(d) On request from a parent, require an itemized bill for the expense before making an apportionment under this subsection.
(3) Subject to subsection (4), if medicaid has paid a medical expense described in subsection (1)(a) or (b), on request from the office of child support or its designee, the court in an action brought under this act shall do all of the following:
(a) Determine the amount of the expense that is reasonable and necessary by using the actuarially based case rate established and certified by the department of community health or the amount of the expense certified by the department of community health.
(b) Apportion the amount determined under subdivision (a) to the father using the method established under section 3(o) of the office of child support act, 1971 PA 174, MCL 400.233.
(c) Require the father to pay the amount apportioned to the father under subdivision (b) to the medicaid agency through the state disbursement unit.
(d) Not require the mother to pay any of the expenses.
***"
(a) The medical expenses connected to the mother's pregnancy.
(b) The medical expenses connected to the birth of the child.
(c) The necessary support and education of the child.
(d) The child's funeral expenses.
(2) Subject to subsection (3), if medicaid has not paid a medical expense described in subsection (1)(a) or (b), on request from a parent, the court in an action brought under this act shall do all of the following:
(a) If the court determines the expense to be reasonable and necessary, apportion the expense between the parents based on each parent's ability to pay and on any other relevant factor, in the same manner as health care expenses of a child are divided under the child support formula established under section 19 of the friend of the court act, 1982 PA 294, MCL 552.519.
(b) In the court's discretion, if 1 parent has paid the expense, require the parent who did not pay the expense to pay his or her share of the expense to the other parent.
(c) In the court's discretion, at the request of a person other than a parent who has paid the expense, order a parent against whom the request is made to pay to the person the parent's share of the expense.
(d) On request from a parent, require an itemized bill for the expense before making an apportionment under this subsection.
(3) Subject to subsection (4), if medicaid has paid a medical expense described in subsection (1)(a) or (b), on request from the office of child support or its designee, the court in an action brought under this act shall do all of the following:
(a) Determine the amount of the expense that is reasonable and necessary by using the actuarially based case rate established and certified by the department of community health or the amount of the expense certified by the department of community health.
(b) Apportion the amount determined under subdivision (a) to the father using the method established under section 3(o) of the office of child support act, 1971 PA 174, MCL 400.233.
(c) Require the father to pay the amount apportioned to the father under subdivision (b) to the medicaid agency through the state disbursement unit.
(d) Not require the mother to pay any of the expenses.
***"
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
