that the money owed was to his ex and not to the state . Both of his kids are over 25 years old. Can he be charged with a felony?
If she agrees to sign off on the past support is that possible to do?
Divorce / Separation Lawyer
The age of your boyfriend's children presently is not relevant. Your boyfriend's child support obligation and the arrearage accrued when child support was due, until the children turned 18 or graduated from high school which ever was last to occur. In response to your second question, yes, at this time so long as the mother was not on state aid at the time the arrearage accrued, she can advise the Friend of the Court in writing that no support is past due.
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The amount owed for back child support constitutes a Judgment against your boyfriend, payable to his ex spouse/partner. The money is not owed to, or collectible by his children. As long as the State of Michigan is not owed any of these funds there should be no problem with her entering an order with the court to cancel any arrearage, since because public assistance benefits paid cannot be waived.
Here is the link to the felony child support statute:
Unless someone seeks the issuance of a felony child support charge, the likelihood, in my opinion, is that no such felony charge will arise. The statute and case law state, however, that he could be charged. Generally it is the Attorney General's office which files the charges because state public assistance is involved. I would consult a family law attorney or criminal attorney for further assistance/discussion.
Neil M. Colman
Mr. Colman is licensed to practice law in Michigan. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Colman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.