What Kind of Motion Do You File Over Support Arrears

**InquisitiveDad** · 01-16-2012, 11:30 AM

My question involves child support in the State of: Michigan

My ex and I agreed to split our tax returns. Further, that I would agree to have the returns direct deposited into her bank account, if she would credit the amount less auto insurance toward my child support obligation. My ex has never acknowledged the payment, despite receiving the funds. This amount, also, was included by the Friend of the Court to determine whether I was behind in child support. As a result, I was held in contempt. Twice.

Also, despite taking the money, the she cancelled my automobile insurance causing me to lose a significant multiple car discount, and rate seniority. In addition to being a direct violation of the Court Order, this is another breach of the tax agreement.

Two of the payments Plaintiff denied happened, under oath, in a deposition. If it were an honest mistake, she had time to fix it. However, two days later, I was brought before the Court on a show cause hearing related to child support arrearage. Before the hearing, the Friend of the Court asked her whether there were any direct payments. Despite having two days to check the records after her deposition, she continued to deny that the payments occurred.

Her attorney then asked the Court to “teach me a lesson” – based on an incorrect arrearage, breach of a tax settlement, and perjury. The Court did so by holding me in contempt. Then, two months later, on November 15, 2010, she acknowledged one of the two payments (approximately $1,500) to the Friend of the Court – approximately ten months after I made the payment --- and after I was held in contempt. I spoke with someone at the Friend of the Court and was informed that even this acknowledged payment does not appear to have been credited to my account. I was held in contempt again 5 months later based on these issues.

In short, she took all the money, sent me the bills, cancelled my car insurance, and had me held in contempt twice for attempting to cooperate with her. This is just one small example of what I have been dealing with for two years.

I could not afford to deal with every unethical issue when I had an attorney. Now, since I can't afford an attorney, I'm going to do it myself. So my question is this - how do I deal with this? It seems like fraud to me, but how does one file a motion relating to fraud in a suit that already exists? Should it be a show-cause motion?

Thanks so much in advance