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FOC .....again

Learning to Stepparent's picture

Well, DH heard back from the FOC about the request for a child support review and despite the fact that BM has a new, seems to be full time, job and SD has been diagnosed with special needs and is therefore in therapy twice a week which racks up the medical bills fast apparently we do not qualify for a child support review as it has been less than 3 years since the last order was entered.

State law says a review can be requested any time if there is a substantial change in circumstances which could include a job change or changing medical, mental, or physical needs of the child. Apparently we don't qualify for any of those.

Looks like we are going to have to file a motion in court now.

Comments

Learning to Stepparent's picture

We don't know how much more BM makes but we know it's more. The other thing is SD has been diagnosed with multiple special needs and goes to twice weekly therapy so her medical bills are pretty substantial.

Currently BM pays $124 a month in CS and 23% of SD's medical bills. Any child support calculator I can find for Michigan I plug in BM making $8 an hour (which is a total guess, I think it's more) for 40 hours a week and it says she should paying over $300.

kathc's picture

I would think that SD's new diagnosis and related expenses SHOULD be considered enough to go in for a change of circumstance re-evaluation. But from what I've seen over the years, it varies wildly from state to state and even sometimes just which judge you end up in front of if they'll do anything. Try reaching out to an attorney in your area and see what they think, usually they've got an idea how it'll go based on other cases they've worked/seen. Good luck!

WalkOnBy's picture

In Michigan, the new number has to be more than $50 or 10% of the current amount (whichever is less) in order for a recalculation to occur.

You DO have to present your case via the paperwork. As you know, Medusa County is south of you, and she was able to lie and bullshit her way into convincing the FOC chick that she lost her job, when in fact, she has opened a new business and I even provided FOC chick with the LLC docs, a business card and photograph of the new store.

FOC in Michigan sucks ass. Except in my county. When I was married to Asshat, I had zero problems with them.

IF you file a motion, be careful that the Judge doesn't kick it back to FOC. If you hear the words "referred to FOC" you are screwed, since it will go back to the pain in the ass FOC chick who told you no in the first place.

Learning to Stepparent's picture

She only pays $124 a month. I think the chances are good it would go up a whopping $12. I almost wonder if we need to get a lawyer to handle some of this stuff. I absolutely cannot believe how much we get kicked around by the FOC. It's ridiculous.

WalkOnBy's picture

Hi am thinking that hiring a lawyer is probably a good avenue for you guys, particularly because you do seem to get kicked in the teeth by FOC.

It's amazing to me how vastly different each county can be in our state. My county is awesome, Medusa's is OK, and your county sucks ass.

Shouldn't be that way-it's all statutory, so in theory, everything should go through the same procedure, regardless of where you are in the state.

Learning to Stepparent's picture

I can't tell you how many times DH has called the caseworker with a question and her response, if he could ever actually get in touch with her, was "it's all spelled out in the custody agreement." Ummm....if it was spelled out in the custody agreement I wouldn't be calling you with a question now would I?

I think the workers in our county just don't want to do their jobs. Is there anyone we can file a complaint with about the office? Other than the Friend of the Court herself that is? I mean is there a governing body that oversees all the FOC offices or something?