My ex moved from Michigan to New Jersey. Court order says he can have one weekend a month residing in Michigan but has to give reasonable notice. What is considered reasonable notice through the courts?
Reasonable is that amount of time which is fairly necessary, conveniently, to do whatever is required to be done. There is no set number in this situation, so reasonable is what both parents define it to be.
I have been reviewed 4x and only once has the f.o.c. included the wage worksheet, are they supposed to include this everytime? or do they not include it if the other party does not have a job? If the other party does not have a job shouldn't f.o.c. inlcude it with the minimum wage over a... Read more »
They are supposed to...that is the only way to have an idea of how the guidelines were calculated. Does it always happen? Probably not. Your remedy is to object to the recommendation. At the hearing, FOC would show that they did impute income, or if not, explain why not. But if they did, then the...Read more »
I am constantly maxed on payments, she has not worked in 10 years so my child support gets raised every 3, there is no reason she cant work, she just wont. Is there anything i can do or write with my review papers?
Unless there is some legitimate reason that she's presenting to the Friend of the Court for why she can't work, they should be imputing income to her - typically full time at the current minimum wage, or about $19,500 a year.
The short and sweet of it is that no one can force her...Read more »
I was 13 he was 21. Been with him 25 yrs. Have 4 kids...He treats me horrible and i want out. But he took EVERYTHING!!!! LEFT ME ON STREET. Also CHEATING on me w Facebook girls..have PROOF. & HE is a major alcoholic.
When were you married? Michigan is generally a "no fault" state when it comes to divorce and so for purposes of divorce, cheating doesn't really matter. Spousal support is possible, particularly in long term marriages (generally over 10 years), and when there is some fault attributed...Read more »
No. Courts will recognize either the litigate or a licensed attorney appearing on behalf of the litigate. In some cases a person may have a "next friend" step in his or her shoes and can still have an attorney. The 15 year old in your scenario would not be recognized by a court as a...Read more »
My 3 year old daughter that stays with me by ourselves. Her mother is currently homeless and has been house hoping with ppl since ‘16,I was told to file a motion but that seems too long of process and too much for something that I feel is a no brainer. The mother said she understands that I need... Read more »
First things, first...the Friend of the Court does not change custody or make orders; that is what judges do. If the mother is cooperative, it doesn't need to be a long process, but it is a process all the same.
He has his green card. And he says he wants to sign birth certificate but people at work told him if he does he will have to pay child support because I get help from state (EBT). He gives me $ when I need it and even when I dont need it he will give me $200 every two weeks. We're afraid if... Read more »
I take it this is a new support order or a modified one, to which your son objected. Now he's waiting on the hearing. Unfortunately, there is not much that can be done. At the hearing, if the court agrees with his position, there could be an argument made that whatever amount ordered should go...Read more »
Received notification that the court held a hearing about my case and the judge cancelled out all arrearages because the defendant has limited income. I never was made aware that this hearing was being held. My ex-husband started to collect SSI benefits 2 years ago and I have never received a... Read more »
Yes, they can cancel arrearages owed to the state. I imagine he provided sufficient proof of his SSI benefits, and so even if you received notice of the hearing and attended, there really wouldn't be much you could have said.
Husband and wife separated in September, but filed taxes together. Their tax refund (and now stimulus payments) go into his bank account. They have 3 children, living with mom. Mom is on disability and is struggling financially, but the dad will not share the tax or stimulus money with her. What... Read more »
BY designating one spouses bank account for direct deposit and signing the return you have agreed that the funds will be deposited into that account. Once deposited the IRS has no further say in the use or allocation of the funds.
State property law will be used to determine...Read more »
I have 3 boys ages 9, 8, and 5. We live in Ottawa County, Michigan. My ex has full physical custody and we have split legal custody. I have parenting time every other weekend. She doesn't keep a job very long and when she does is usually minimum wage. I went from making ~$15/ hour to almost... Read more »
There is a lot that goes in to a child support calculation. Without knowing numbers, but assuming income attributed to the mother remains consistent, and nothing else changes except for your income doubling, you can roughly guesstimate that the amount you pay in child support will increase...Read more »
Are you the legal father? (e.g. affidavit of parentage signed and on file with the state). You cannot expect the court to enforce an agreement it did not make or have record of. You should file a custody action so that you get a written order that can be enforced in the future.
You are quite likely stuck. Paternity was probably established by default (i.e. you were named the father and never responded to say otherwise). All the state needs to do is attempt service by mail to your last known address or by publication; presumably, one of those two things happened. When that...Read more »
What would you be looking to fight? If you want to contest child support, you would either need to contest paternity (i.e. you are not the father) or the amount (i.e. they attribute you with more income than you have or can make). Both are very fact dependent, and may require attorney assistance.
I was diagnosed with COPD 7 years ago, I know I'll never be able to work agian, what litt SSI I get each month ($705) I barley get by now, isn't there some form or paperwork I fill out to get this uncollectible debt case closed, I owe more in interest and penalties that actual arrears
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