Modification of Child Support In Michigan

[mimom72]

My question involves child support in the State of: Michigan/Oakland County

I will try to be brief: We have been dealing with this issue for 2 years, had advice of an attorney, tried working with the FOC read as much as we can and just can't seem to find any answers.

1) My husband earns $60,000 a year. BM earns $55,900
2) When he was divorced he had moved out of the marital home three months prior to the finalization of the divorce and ordered to pay a status quo of $1900 a month for "expenses" ( household expenses do not exceed $1200 a month) although his wife worked and he did not pay that amount when they shared the home, it's an inflated number that he argued with during that time...(I was not in the picture, just going on what we have worked with for the past two years here)
3) After the divorce was final he was calculated at $1699.10 for CS -- which after taxes and medical and life insurance taken from his check leaving him nothing to live on (literally)-- he tried to fight that with the FOC and was told "we don't care, not our problem"
4) For 4 months they were still taking the $1900 out rather than the $1699.10, it took hubby hours of phone calls to get it resolved -- and there was no "re-coup" of the $800+ FOC told him to ask BM for it back as she knew she was being over paid. Of course BM told him to "fly a kite".
5) He almost lost his visitation rights because he was living with a friend (as he could not afford rent) and the BM "didn't like his living situation" and took him to court, so he moved in with his Mom -- which Mom was not happy about.
6) BM claims that daycare is $1500 a month -- and Hubby pays 60% of that, even though he has done research and found places for $900 - $1200 a month that are just as good...BM has never had to PROVE that the in-home daycare is really $1500 a month despite Hubby's pleading to show proof. FOC said she was not required to do so.
7) BM does not work in the summer for three months, however hubby still pays daycare for those three months, according to BM the full payment must be made to hold the kids spot (never heard of that one before)
8) DD starts school this year so there will be no daycare expenses for her as BM works for the school district and keeps the same hours as DD school hours

So my questions are

1) How can hubby still be paying approximatley $750 a motnh for these summer months of daycare (June July August ) when DD does not need to keep her place as she starts school in August
2) How the heck does the calculation in Michigna work that he is paying over 60% of his income to CS?? We have been trying to find this answer to no avail
3) He knows that BM received a raise for the 2008 school year, we don't know how much but indeed she received a raise that she bragged about to someone that told us.
4) What can we do to prepare for a modification? Get some relief from this FOC system as it really seems so UNFAIR.

I'd like to close saying my husband understands his responsibilty to pay CS -- he is in no way shape or form trying to "get out of it" or screw his children in anyway -- he just wants it to be fair and reasonable so he can at least live...It's tough when BM is living better than she was prior to the divorce and hubby is at poverty level. Seriously.

We just need some good advice as to what we can do...we have 12 more years to deal with the FOC. (UGH)

[Mr. Knowitall]

If your husband wants proof of the cost of daycare, he should work with his lawyer to bring an appropriate motion before the court. FOC should be requiring receipts or some other evidence of the amounts of actual payments. If the child is in daycare, the daycare provisions of the support order apply, even in the summer.

If your husband has an arrearage, paying both his current obligation and making payments toward his arrearage can make the total payment onerous. That's one of the many reasons you don't want to run up an arrearage.

If he believes that there are circumstances that justify adjustment of the ongoing support amount, he can ask the FOC to review the amount. It may be, though, that her raise doesn't have a significant impact on the amount he would have to pay.

[mimom72]

thanks, he is not in arreages, in fact she has an extra payment of the $1600 as he paid direct in December 2006 as directed by his attorney then CS took effect sooner than they anticipated and it was withdrawn from his check for December as well.

Try as he did to get it adjusted it fell on deaf ears in the FOC.

We decided to hire an attorney as we belive there is fraud being conducted by the birth mother in order to maintain that sum of support.

Thanks for the advice.

[wife&momof3]

I am very sorry for what he has gone through, the State Of Michigan sucks. I just moved from there last year and have a CS case with them as well. My ex has been able to evade the FOC in many different ways. He owes 25,000.00 in back support and has been ordered to pay 900.00 a month to get caught up, but some how he is able to avoid paying that and I am lucky if I get 100.00 a month which 3.oo of it is for medical support. One thing that he kept doing was requesting hearings for a reduction in support and they kept giving it to him even tho he is so far behind in his payments. The mother is required to report any changes in her income as well as your husband, it has to be done in a 21 day time frame. And her income does determine how much he has to pay in CS. My advice is to have your lawyer or you can go to the clerks office and file the papers yourself for the reduction hearings and if you don't get any relief there request that it go to the next step which is going before the judge. Michigan likes to make everyone go before a referee first, which I hated. I hope you get somewhere soon with them, I am still fighting with them myself I feel your frustration. I hope this helps in some way. Does he have joint custody of the child? If he does then 60% of his income is not warranted.