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Providing and proving Proof of Residency

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  • 02-01-2007, 07:41 PM
    chiefsangel
    Providing and proving Proof of Residency
    Me again... I am wondering what a Magistrate is looking for when it comes to providing and proving residency.
    I am trying to have Ohio registar a foreign order from Michigan on Child Support. The bio dad and I have been Ohio residents for a period of time even though he still held a Michigan Drivers License and uses an Ohio address. In Nov. 2006 he claimes to a Michigan resident but did not provide proof at that time. Just went back to court today for Proof of Residency on his half and he shows up with a copy of a renewed Michigan license with a change of address. (his b-day was the 25th of Jan.) And a rental agreement from a mobile home park in Michigan. In all of our correspondence with the both Michigan and Ohio court he provides his mothers Ohio address. We were just in Michigan court and they asked him of his address and he gave the Ohio address and today in Ohio court he said that he took residency at the first of the year but gave Michigan court the Ohio address instead of using the Michigan address. He claims that he moves around alot and that he just uses his mom's address as a mailing address. The Magistrate even stated that a resident address is where you live - not a mailing address.
    What I am questioning - is that the proof that he gave today - does this actually show that he lives there?? He is trying to keep it in Michigan because of the lack of enforcement there.

    Thanks for all that take the time.
  • 02-01-2007, 08:56 PM
    jk
    Re: Providing and proving Proof of Residency
    Quote:

    We were just in Michigan court and they asked him of his address and he gave the Ohio address and today in Ohio court he said that he took residency at the first of the year but gave Michigan court the Ohio address instead of using the Michigan address. He claims that he moves around alot and that he just uses his mom's address as a mailing address. The Magistrate even stated that a resident address is where you live - not a mailing address.
    Which state was he claiming to have taken residence in at the first of the year?

    Where does he file as residency for his federal taxes? To which state does he pay state taxes to?

    his employment: what state is used at his place of employment? WHich states taxes are being withheld?

    You can obtain transcripts of the court proceedings to use at the other states court. This can also put him in jeopardy of perjury or possibly contempt. It could be used to bring doubt to his credibility as well.
  • 02-02-2007, 12:56 PM
    chiefsangel
    Re: Providing and proving Proof of Residency
    He is claiming to have taken residency in the State of Michigan at the 1st of the year. But while in Monroe County Court he did not give them the Michigan address when asked for his correct address he gave the Ohio address.

    He does not file taxes and has not since 1995. He is self employed and briefly worked for a company in 2003/2004 with taxes being taken out and child support. He does not pay anyone anything!

    He works in Ohio as a contractor and now he claims he works in Michigan as well.

    He moved out of Michigan in late 2003 or early 2004 - but never changed his driver's license. He held on to the Michigan license and just renewed that on 1-25-07 with the correction of the new address. Since late 2004 until January 16 2007 he has used his mother's address in Ohio as his address when asked. He claims it is just a mailing address because he moves around a lot.

    He has managed to get out of everything! And I don't understand why and I am starting to have little faith in our justice/legal system.

    Thanks for the response - you truly don't know how alone I feel here and greatly appreciate all that can shed some light on what I am missing here
  • 02-02-2007, 04:13 PM
    jk
    Re: Providing and proving Proof of Residency
    It ssounds as if the guy has thought htis out quite well.

    You might want to look into business or professional licenses and look in to what address he uses for those. If he has different addresses on either states license, I would obtain copies, or at least copy the info to discredit the ex in court.

    I guess the bigger question, to me anyway, is even if you have the order domesticated, if the guy has no official income, what are you going to gain?
  • 02-02-2007, 10:01 PM
    chiefsangel
    Re: Providing and proving Proof of Residency
    Yes he does have it well thought out - only way to keep himself out of jail and having to pay anything.

    His does have a DBA that his checks are made out to and it goes through an Ohio bank. He does not have business insurance or a license to do his work.

    He is able to purchase a home, a new truck and spend money going out all the time. He charges $25 per a hour and is rembursed for his materials. He is doing better than we are! I have struggled for years with the girls and not always being able to get them what they need and not just material things - I am talking dental and vision. My girls know that before their acting dad has stepped into our lives - that I have done my best. And still we struggle to make ends meet. And he makes less than their bio dad who has no responsibilty other than what is needed for himself. He could care less if the girls have shoes or food.

    I guess what I hoping to gain is just justice. Enforcement of the laws that we are suppose to believe in and have faith in.
    I guess I am hoping for a little too much because he has been able to get away with not paying support, abusing my daughters and emotionally scarring them.

    Thanks
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