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Child Support Nonpayment Charges

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  • 12-24-2012, 10:07 AM
    bobbyrock53
    Child Support Nonpayment Charges
    What is the name of your state (only U.S. law)? Michigan (Reside in Colorado)

    I just typed this whole thing not minutes ago and the web browser deleted it.....I'll try and be clear as I retype hastily.

    Story in Nut shell: I joined the Army at 19, shortly after I received noticed I needed to come home for paternity test; go home test, meet my son, and return to my Unit. I get my results and child support orders in the mail few months later. I owed 3 years back child support plus obligation; I paid (out the nose at first as they had my pay-grade at Captain when I was a Private) and caught up all my arrears and was regularly paying. Christmas of 2005 my then-wife served me with divorce papers, informed me she had cheated on me with a surplus of men and was now pregnant with "unknown man's child". I reached out for help in my unit and was brushed aside, I turned to alcohol which led to my trying cocaine. I immediately failed a UA doing so and was given a General under Honorable conditions discharge for Narcotics use. I held a TS clearance so there was ZERO tolerance. Afterwards I managed to get clean (and stay clean to this day thank you), no drinking, no drugs, no cigarettes even. Since Sep 2006 I have had a difficult time finding and maintaining employment. Anytime I had ANY form of employment, my support obligation was automatically garnished (often at my request) and I've never refused to pay r take care off my son. Even though I have not been able to provide financially what my obligation is requiring of me, between myself and my family in Michigan, we have always made sure to provide in any other way possible. My son's mother and my son have very close relationships with my family and I. I the past 6 years I have been homeless and unemployed several times. I have had the fortune of friends able t let me stay on their couch from time to time and eventually resolve problems I had with my girlfriend. Since then we have had a family, we have a 2 year old daughter, that I raise at home currently. I didn't choose to be a stay at home parent, I was fired from my last job held as my gf was returning to work from maternity leave. we couldn't afford the $300 child care payment and so I had to watch our newborn daughter as I job hunted. I have been actively looking for work since, and have not stopped relentlessly searching for employment. I have been turned down for jobs by McDonald's and Walmart due to a Domestic Violence charge I received 3 years back. The DV charge was a result of a loud argument and the cops being called to have me 'evicted' after my gf disliked our argument results. The police informed me that the State law is that if a call is placed, someone goes to jail regardless. I was placed on probation with mandatory counseling sessions at $30 per session out of pocket. I couldn't afford the fees after 6 weeks and the class wouldn't let me return without payment. I was found in violation of probation and sentenced to 30 days house-arrest and a DV charge on my record. I'm not a violent person, nor a bad dad. I just had my son out here for 2 months over the summer, but because I don't have "over night privileges" I didn't get any credit for it. The state informed my son's mother that my case was sent ot he Attorney General's office for review to see if it's worth felony non payment charge. They told me to make a payment and try to get a job. I have made a $125 payment (today) and still trying for a job. Michigan sent Son;s mother letter Saturday saying I was charged with non payment and she was to fill out victims form. Case worker in Michigan said Colorado has the case now, and Co is telling me to get a job and pay something by Jan 1 to not be 'in contempt of court".

    My gf and I have been fighting foreclosure on our home here for the past 3 months now, we're figuring out some way to make some form of regular monthly payment. My son's mother is talking about some sort of "change in obligation" she can do where I can have my amount to $50/month or something and also possibly being able to 'clear some of the arrears' to lower it below felony line.

    I want to know what I am looking at possibly, what I should do (if I have any defense) and any type of timeline I might be looking at (esp with holidays here). I have Crohn's disease and this stress/fear literally killing me inside.


    I know ignorance is not an excuse, but I honestly had o idea things could get this bad for my case. I only ever heard of this for dad's who hadn't been there for 15 years and refused support. My dad instilled this fear of the Fried of the Court system in Michigan, telling me since I was little how it was there only to screw the dad and send him to jail if he didn't have money. It has kept me from calling them with question for yers and my sons mother really isnt the wisest when it comes to this stuff either. I'm completely blind here and could use some help and possibly some better news to calm my nerves =(
  • 12-24-2012, 10:14 AM
    Dogmatique
    Re: Non Payment Charges ~~ Need Advice/Help
    Ok Dad...first, I want you to take some deep breaths.

    You've made some mistakes. Yes, you have. But let's start at the beginning - how much do you actually owe?
  • 12-24-2012, 10:23 AM
    bobbyrock53
    Re: Non Payment Charges ~~ Need Advice/Help
    Trying to breathe, this past month has been an absolute nightmare.

    I believe they said the arrears are at or above the $15K marker, which falls into the Felony category. I've been on the phone all day, but unfortunately the FoC, CSE, and Atn Gen offices are all observing the holiday today (Xmas Eve).

    Sadly, I caught up 13K from the start and wasn't behind until my discharge in 2006. I've found numerous forum posts that have similar circumstances and my options aren't looking any better =(
  • 12-24-2012, 10:28 AM
    Dogmatique
    Re: Non Payment Charges ~~ Need Advice/Help
    Well, yes, that does fall into the felony non-support category.

    The court may well ask why you didn't file for a modification during the times you were unemployed, and that sort of thing.

    Is Mom willing to work with you though? Is she willing to forgive some of the arrears?

    (This assumes the arrears are owed to Mom, and not the state)
  • 12-24-2012, 10:36 AM
    bobbyrock53
    Re: Non Payment Charges ~~ Need Advice/Help
    Yes! The mom is freaked out too. She is talking about "forgiving over half the arrears" and also "lowering my obligation" to $50/month. (On the promise I don't back my son's rampant decisions to 'move to dad's' once a year haha). Would something like that stop extradition to Michigan? I am trying to finish school (online at the moment) with only Financial Aid to pay my tuition, I could possibly set a side some of that (1,000-1,500) and pay a portion of left overs in Feb when my Aid would show. I've only been in school these past two semester (since my first go at school in '99) and the previous one I had to pay out of pocket for tuition because I failed a course over the summer (while son was here, was spending too much time with kids) and was placed on probation for F.Aid. I've since recovered those grades/classes and will am eligible for aid this Spring semester. I'm also trying to find any work part or full time, so that I can have a personal form of income to garnish and not tax my gf's single income further.

    - - - Updated - - -

    Also, I (due to my own fear and ignorance) was unaware that I could have amounts adjusted over the years to help when I was homeless/unemployed. ( I 'knew' that you could have the monthly obligatin adjusted a slight bit dependent upon your income level drastically changing, but was also told it didn't work if you have 'no job'. )


    Additional Note: the mom has had to receive assistance over the years, more so for her other two children whom which have no father-figures/paying-parents. My sons has had a few medical bills covered by State medical for children, but is that considered aid if ALL children are automatically covered?
  • 12-24-2012, 10:42 AM
    Dogmatique
    Re: Non Payment Charges ~~ Need Advice/Help
    Okay - the State won't forgive the arrears owed to them.

    But if Mom is willing to forgive/waive the arrears, or half of them, that's really your best bet. Work with Mom! I gotta be honest though - I know school is important, but at this point you really can't afford not to work. You might need to put school on hold.
  • 12-24-2012, 11:07 AM
    bobbyrock53
    Re: Non Payment Charges ~~ Need Advice/Help
    Absolutely! I was only trying school to better my chances at work while I was looking. The mom is currently filling out her 'victims form' with answer showing I'm not the bad guy the system thinks I am. I was worried about the State not allowing the forgiveness due to her needing assistance, but according to her the FoC phone system explains the arrears are broken down into 'who is owed what', and she is to get roughly 90%. How much would she need to forgive to bring me below felony line. I have no quarrel paying my support obligations, I just can not go to jail/prison for this.
  • 12-24-2012, 11:11 AM
    Dogmatique
    Re: Non Payment Charges ~~ Need Advice/Help
    If you give me a few minutes, I'll try and find the applicable statute.

    Please standby :)
  • 12-24-2012, 11:21 AM
    bobbyrock53
    Re: Non Payment Charges ~~ Need Advice/Help
    Thank you very much! I've been afraid that CO Police are just going to barge in and haul me off in cuffs mid-Christmas dinner or something to that extent of a nightmare. I've only ever had the one legal problem in my entire life (held a TS Clearance as an Intelligence Analyst for years) and felt I was being railroaded then... Looking back now, it seems like nothing at all in comparison to the nightmare I am experiencing now.
  • 12-24-2012, 11:32 AM
    Dogmatique
    Re: Non Payment Charges ~~ Need Advice/Help
    I don't think they're going to come and get you during Christmas dinner, Dad.

    This is what I've found so far - and I'm still looking:

    http://www.legislature.mi.gov/(S(gbv...me=mcl-750-165
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