Bobby Ferguson's wife wants child support

(WXYZ) - Government prosecutors are not alone in the search for convicted felon Bobby Ferguson's assets. His wife wants child support and state officials may help her get it out of the millions found by federal agents.

Seven Action News has obtained a copy of the one-page form where Marilyn Ferguson, with the help of the 3rd Judicial Circuit Friend of the Court special prosecutor, is seeking support from her 44-year-old husband who is now awaiting sentencing in a federal prison.

Federal agents have found several million dollars that Ferguson had to surrender after he and former Detroit Mayor Kwame Kilpatrick were convicted sent to prison.

But where child support is the central issue, the federal government may have to give up some of the Ferguson cash in favor of his son.

"The fact that the federal government has taken his funds and frozen them…and that he hasn't paid support…whether or not… one (demand) is going to override the other," says legendary attorney Henry Baskin.

Baskin says this maybe a strategic move and that Ferguson's wife didn't need a lawyer to get it done.

Just a simple one page form, a complaint for support filed by Marilyn Ferguson against Bobby, the longtime friend of former  Mayor Kwame Kilpatrick.

Both are now awaiting sentencing after a federal conviction on racketeering conspiracy and other charges that could send them to prison for 20 years or more.

Federal agents are still looking for Fergusons millions, but state law maybe on Marilyn's side, as, essentially, the child's needs could come first.

Baskin says "this (state law) is designed to say, well, if you find your husband and he has money, we'll go get if for you."

The office of the special prosecutor will carry the complaint forward saying in the complaint " the defendant is of sufficient ability to provide support for his child."

His 15-year-old son, the document says, is receiving public assistance from the State Department of Human Services. Federal agents may find Ferguson's money, but his son may be entitled to some of it.

Attorney Baskin believes that Ferguson's wife Marilyn could also ask for and receive support from her husband's money--as long as the two don't live in the same house. 

With the years of prison time Ferguson is facing, it will be easy to prove they're no longer living together.

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