Oakland County FOC and Support Wording

**Devastated** · 11-06-2006, 01:17 PM

The support portion of the decree states, "Until the children obtain the age of 18 or graduate high school, whichever comes later, but not past the age of 19 1/2"

I have 3 children, the oldest graduated in June 2006 and turned 18 in October. I got a letter from FOC stating that since there is no per-child breakdown for support in the decree, I'll have to continue paying the same amount for 2 children unless she (ex) agrees to reduce the fee or we have a salary review.

She won't agree to anything. I was wondering if an attorney can file a Motion to Modify the support agreement so this doesn't happen again in 2008 and 2010? FOC is absolutely no help whatsoever. Any advise?

**aaron** · 11-06-2006, 01:44 PM

You should be able to petition for a modification yourself without using a lawyer. If you do not wish to do so then, yes, a lawyer should be able to file the motion on your behalf, but you will have to pay the lawyer's fee.

**seniorjudge** · 11-06-2006, 03:07 PM

Quoting aaron

You should be able to petition for a modification yourself without using a lawyer. If you do not wish to do so then, yes, a lawyer should be able to file the motion on your behalf, but you will have to pay the lawyer's fee.

I certainly would not use the lawyer who wrote that first piece of sterling prose!

**aaron** · 11-06-2006, 05:00 PM

If it was the wife's lawyer who drafted the language, though, it was arguably good lawyering.

**seniorjudge** · 11-06-2006, 05:12 PM

Quoting aaron

If it was the wife's lawyer who drafted the language, though, it was arguably good lawyering.

With the greatest respect, I disagree.

If language in a judgment causes problem, the first offender is, of course, the judge who signed the thing. The second and lesser offender is the lawyer who wrote it.

**aaron** · 11-06-2006, 05:38 PM

I was being somewhat sarcastic, although the bad drafting did score the client some extra money (assuming this was the mother's lawyer's work). In Michigan, assuming this was a consent judgment, the normal protocol would be to have the plaintiff draft the proposed consent judgment, the defense counsel review it, and then to have both parties sign a proposed final copy. That is then reviewed by the Friend of the Court office for compliance with Michigan law and, if approved, forwarded to the judge for a signature. So there's room for more than two offenders.

Departures from the Michigan child support formula are supposed to be approved by a court and explained on the record. I doubt that this was intended to be a departure, and absent appropriate findigns on the record I don't personally believe that the FOC office should be treating it as a departure.