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Hello.

1. Could you please tell me where I might locate the following document?: In Re Barnes, 264 B.R. 415 (Bkrtcy Mich 2001)

2.What do the letters "264" and "415" refer to?

3. What does "In Re" mean?

4. When one is trying to discredit case law, is the best approach to try and demonstrate the case law is not comparable to the present case (the facts and circumstances are not the same and to try and locae newer case law that contradicts the case law being presented?

5. Is newer usually better in case law as long as the circumstances/facts are similar?

Thank you.

...and you will see one of the reasons we are getting our buts kicked. Hundreds of Thousands of NOW (and related groups) members are protesting against abortion. I am not here to argue about abortion, but to make the point that these protestors are organized, articulate AND ARE WILLING TO MAKE A FEW PERSONAL SCARIFICES (like going to DC) to make their point known. The whole world is watching them and they are getting millions of dollars of free airtime. The best a children's rights leader can do is go on O'Reilly and get beat-up. WHAT YOU CAN DO:

Attend the Million Dads March on Father's Day:
http://www.milliondadsmarch.org/
You can stay in the DC KOA in an air-conditioned cabin that sleeps 4 for 50.00 a night.
I went last year.

Join this group:
http://groups.yahoo.com/group/usafathers/
There are many men's groups, but this one is doing an extremely good job of networking with all the groups and pulling them together.

The laws are unjust. Unless we become politically active and make our presence known...we will continue to get stomped on. Do it for you kids...you want them to go through this kind of hell, too?

Please.

I definitely recommend NOT supporting United Way: their record of misandry is disgusting.


http://mensnewsdaily.com/archive/yz/z-misc/zeiger/2004/zeiger040904.htm

The following site contains the DADS of Michigan joint custody petition and related documents: it will unzip as a folder. Read the materials, print the petition as directed, and get some signatures, including your own. Registered voters, only. If you or your friends are not registed, get registered and sign the petition. This is a real chance to do something about this crap.

https://www.quickbase.com/up/9gsk8isf/g/rbi/ej/va/ChildrenNeedBothParentsPetiton13Mar04.zip

DADS OF MICHIGAN  will have a kick off meeting at the Royal Oak Post Office on Saturday, March 13 at 8:30 AM to distribute petions for A PRESUMPTION OF JOINT PHYSICAL CUSTODY INITIATiVE TO APPEAR ON NOV. BALLOT. The Post Office is located 1/2 block east of Main Street (Royal Oak) on 11 Mile Road.  You may take I-696 to Woodward Ave, head north (1 mile) to 11 Mile and head east. 

http://www.detnews.com/2004/metro/0403/12/d06-89688.htm

Anyone who is interested in reading the initiative, petition, and related info can email me and I will forward it to you.

 

In criminal court money is used as a motive for crime consistently. The most recent example that comes to mind is the woman who stabbed her husband 193 times. The prosecutors argued successfully that her motive was her husband's 200,000.00 insurance policy.

In my case, my ex is a woman who is 37 years old and has made less than 20,000.00 in her life. She does not even have enough social security quarters to qualify for benefits. When this thing is over, I will have paid her close to 500,000.
That's not counting the 10 years I supported her without her working.

I am not excessively wealthy. I make about 90,000.00 a year and she gets about half at present. When I was with the FOC evaluator, I mentioned the fact about her lifetime income to him. I wanted him to consider the possibility that her motive was money.

 He did not take it that way: in his report he interpreted it to mean I was indicating she did not have the resources to take care of our daughter. I was  not direct with him.

I have no doubt that in my case her false allegations of domestic violence were motivated by the desire for money and advice from her feminist attorney. Since she has got her bucks, there has not been a peep out of her about DV or any adverse actions on my part towards our daughter. I have never been arrested or accused of any crime and have been a college teacher for 30 years, with an impeccable record
of achievement and no student complaints.

I fully expect her to make false allegations again in Jan. 06 when her alimony ends and the 3-year CS lock-in expires. At that time I will apply for a reduction of CS as per guidelines based on 50-50 custody as per decree. She will be destitute without my money.

1. Have you every heard of a family law attorney successfully DIRECTLY arguing that a mother's motivation for false abuse claims is motivated by money?

2. Since I believe that she will make false allegations in 06, how can I successfully document my fears and use them as a defense?

DADS of Michigan will be gathering signatures starting March 12 to place a measure on the Ballot in Nov. calling for the presumption of joint physical custody in Michigan. they need 250,000 signatures. Please help them.

My decree states as follows:

"It is further ordered and adjudged that should parenting time with the minor child be modified to provide for the child to reside with each party for alternating one week
Intervals as provided in this Judgment of Divorce when both Plaintiff and Defendant reside in the XXXXX area with each party having equal parenting time, then for a period of three years beginning with entry of this judgment, defendant's child support obligation shall be reduced to not less than $200.00 per week or 80% of the Friend of the Court Guidelines amount as calculated based upon Defendant's income and sole physical custody to Plaintiff, whichever child support amount is greater, however, Defendant's child support obligation shall not be reduced to less than 2000.00 per week during the three year period beginning with entry of this Judgment."

Okay..so i moved to the area where my child is in Sept. and have been doing the 50/50 thing since then.

I went to FOC and they gave me a "PRACIPE FOR FOC REFEREE MOTION SCREENING,"

What is this? There is no place to write the motion on the form, only a place for "Motion Title." Do i write the motion seperately and attach to form?

How would I word a motion to effectuate the decree provision, above?

             
I previously made a post concerning a novel that details a father's struggle against the family court system. While there have been many non-fiction books in this area, there have been no movies, plays, novels, etc. concerning this. According to Amazon's stats, only 1 more book remainins in stock. This is good news. To see book and reviews:

http://www.amazon.com/exec/obidos/tg/detail/-/1413701426/qid=1078587174//ref=sr_8_xs_ap_i1_xgl14/103-7951009-4698202?v=glance


BTW: This was written by a Michigan father about the Michigan Court System.

As a college professor I can tell you there are absolute no novels, plays, or films that address a father's plight in the divorce/custody quagmire from an understanding viewpoint. KRAMER vs. KRAMER was the first and last that even approached the subject.
A professor in Michigan (not me) has written a novel entitled The Gantlet that effectively details the horrors of the legal system and the custody/divorce industry.
I URGE EACH AND EVERY ONE OF YOU TO VISIT AMAZON.COM AND ORDER THIS BOOK. The least we can do as a group is to support those who manage to find a way to portray our plight in the media. God knows the news won't help us. HOPEFULLY THIS BOOK WILL GET MADE INTO A FILM! The book is The Gantlet and the author is Leigh Travis.


 Here is a sample review:
"As a psychologist specializing in this area of practice, I have made a good living helping people deal constructively with divorce-but, in all candor, they seem to represent a decided minority. Travis' novel is consistent with my own observations, i.e., that in the epidemic of "Out of the Picture" Dads, there may be more than meets the eye.
This story of a determined father's tortuous struggle to remain in his child's life after divorce is as compelling as it is relevant to our times. In a culture where fathers are widely viewed as superfluous at best, there are precious few examples in literature, film or music of a much different reality, of fathers as devoted parents who bring profound and inimitable gifts to their children's lives. Travis' novel places such a father at the center of a father-child love story, which--after divorce--goes very, very bad indeed. It chronicles a father's Kafkaesque journey through a corrupt legal system that sentences both father and child to a gantlet of unrelenting obstacles-and unrelenting reasons to give up on one another-every step of the way.
Though fundamentally about love, this is a painful story that reminds us that character is sometimes, under insane circumstances, as much a curse as a virtue, and that while love should always prevail, this might not always be the case. It seems unfair to both writer and reader to reveal the ending, but let it suffice to say that the reading is a memorable experience. It is enough to make grown men (as well as women) cry.
And think.
What more can one ask of a novel? "
If you're looking for a novel that challenges you as a human being: Strongly Recommended.
If you know the pain all too well: Essential Reading.

What happened to all who used to post here?

According to MI FOC website, the following changes occurred to FOC guidelines. Apparently they did not mess with the cubing thing, etc.
Does anyone know where I might find what changes were made to # 2 and #3?


On December 24, 2003, the Supreme Court determined that the substantive changes related to (1) determining medical support and health care coverage options, (2) setting child support before determining spousal support, and (3) deviation were to be included in the next Michigan Child Support Formula Manual. The Court was not pursuaded to make any other substantive changes at this time.


Thanks.

I check the automated FOC voice system (MICHIGAN) to monitior my account. Tonight I heard a message that stated my recent payroll deduction did not go to the custodial parent but to "Public Assistance, other custodial parties, other state agencies, etc." My ex has never been on public assistance. It is Sunday night and I cannot talk to a live person until tommorow.

Has anyone ever heard of this?

Okay, yes, I agree that the correct amount is 200.00 and several highly intelligent posters support my conclusion. The FOC came with up with 44.00 more per month. The reason they did this is because the completely ignored the "shall be reduced to not less than 200.00 per week or 80% of the Friend of the Court Guidelines amount..." I have a copy
Guidelin 16.3 and ran the figures using my yearly gross income and came up with the same numbers. The FOC made no adjustments. I did not catch this error at the hearing. The good thing about the hearing is that the FOC recommended alternating weekly custody and the Court Order was issued last week and I received it.

This may appear like I am being cheap or something, but there is an issue here. I give the mother 860.00 in alimony and another 1000.00 in CS and less than 70.00 a month directly reaches my daughter. I pay for everything that makes a difference in the material quality of her life (and ultimately some of these things will make a difference in her achievement and spiritual qualities): clothes, school stuff, memberships, ski lessons, church trips, piano lessons, books, trips to museums, movies, trips to Cedar Point, King's Island, etc, dance lessons, music, etc. etc. etc. So as far as I'm concerned that 44.00 is 44.00 more dollars for my kid as opposed to her mother.


My question is: How to proceed? Do I file for another Modification for CS? Or is there a procedural path I can take?

I would like as many of you to do the math as possible. I want to get a general consensus of an answer. Then I'll tell you the FOC's math. Please answer question "A." Thanks.


"It is further ordered and adjudged that should parenting time with the minor child be modified to provide for the child to reside with each party for alternating one week intervals as provided in this judgment of divorce when both Plaintiff and defendant reside in the XXXXXX community area with each party having equal parenting time, then for a period of three years beginning with entry of this Judgment, Defendant's child support obligation shall be reduced to not less than 200.00 per week or 80% of the Friend of the Court Guidelines amount as calculated based upon Defendant's income and sole physical custody to plaintiff, whichever Child Support amount is greater; however. Defendant's child support obligation shall not be reduced to less than $200 per week during the three year period beginning with entry of this judgment."


1. The Friend of the Court Guidelines in my case is 209.20 per week.
2. 80% of the above amount is 167.38.

A. So, based on the provisions in the stipulated agreement and the amounts provided in (1) and (2), how much do you think I should pay per week?

1) Had hearing to Modify CS
2) Ex did not appear
3) Referee recommended modification
4) 21 day period for her to object expired 2 weeks agao
5) When should I expect a court order?

I had my FOC hearing today. As you may recall, I was to receive a reduction in CS
That was calculated to be reduced "not less than 200.00 per week or 80% of the Friend of the Court Guidelines amount as calculated based upon Defendant's income and sole physical custody to the Plaintiff." When I began 50?50 custody.

As I listened to the referee go through the calculations, everything sounded right. After the hearing, I realized the referee had made the following errors:

1) He counted mother's alimony as her income. (I believe the phrase above "as calculated based upon Defendant's income" means that only my income will be used and EX will be treated as she has no income.

2) He did not apply the "not less than 200.00 per week or 80% of the Friend of the Court Guidelines" provision to the calculation: he used the full guidelines amount.

I got a 97.00 a month reduction based on his calculations. My support changes from 1007.00 a month to 910.00.

The result is that he made an error both against my EX and I. I am not sure what the actually dollar amount is. I will have to run the FOC software Monday when I get to work, but I believe I am paying 100.00 a more a month than I should according to the referee's calculations.

BUT HERE'S THE REAL ISSUE: in the course of the proceeding, I realized that I had not filed a Motion to Change Parenting Time. My lawyer (you have stated elsewhere that you believe some of the things he did could be considered malpractice) did not advise me to file a Motion To Change Parenting Time when I began alternating weekly custody in Oct. (And he certainly knew I was doing it).

The referee brought up the fact that a Motion to Change Parenting Time was not filed. Now, here is where I think the guy gave me a break. He said rather than have me file a Motion to Change parenting Time; he was going to place the recommendation that parenting time be alternated weekly in his recommendation to modify the support order so I would not have to file a Motion To Change Parenting Time.

He could have been a jerk and made me file the Motion .This would have placed me in a bad situation: the EX would have received the Motion and realized that she could cause me some real hell by objecting. I realize she can still object to the Motion as written, but the referee's recommendation to alternate weekly parenting time is worded in such a way as though it seems he is just verifying what has been happening since October.

The Ex does not use an attorney anymore, so she'll just look for the $$$$$ amount of the reduction and that will be it. Of course some clerk might catch the referee's error on the alimony and compute the CS as though she had no income, which would result in no reduction for me.

1) Should I just let the referee's recommendation become an order and do another Motion to Modify Child Support later to correct his errors? I do not want to jeopardize the fact that he allowed me to get away without filing a Motion to Change Parenting Time.
2) Will the fact that he made mathematical errors negate his recommendation to alternate weekly custody in his original order?
Is my analysis indicated in  "1)", above accurate concerning the use of EX's income in CS calculations?

My decree states as follows: (stipulated—I know the child support amount is higher than the guidelines...the idea was, that along with the 200.00 a week rehabilitative alimony the ex would get on her feet and finish school...she has done nothing so far.)
"It is further ordered and adjudged that should parenting time with the minor child be modified to provide for the child to reside with each party for alternating one week Intervals as provided in this Judgment of Divorce when both Plaintiff and Defendant reside in the XXXXX area with each party having equal parenting time, then for a period of three years beginning with entry of this judgment, defendant's child support obligation shall be reduced to not less than $200.00 per week or 80% of the Friend of the Court Guidelines amount as calculated based upon Defendant's income and sole physical custody to Plaintiff, whichever child support amount is greater, however, Defendant's child support obligation shall not be reduced to less than 200.00 per week during the three year period beginning with entry of this Judgment."
Well, I have been doing the "50/50" thing since October 03, but have hesitated to go and file for the above change because I am afraid I will get screwed by FOC. I could really use the 200.00 or so the change will create to help pay for the gas I use commuting 750 a week rt to work. I have my tax returns, pay stubs, and "The Motion To change Child Support" form.
I also have extensive records of expenses for my daughter and of the time I have spent with her. (Optimal)
The expense records indicate that I spend an average of 700.00 a month directly on her. The time records indicate I spend at least half the month with her, sometimes more.
Should I present my expense records and receipts? (I am worried they will say, "well, he's able to spend that kind of money on her (daughter) and pay his ex as though she had sole custody...he can afford it!" The fact is, I barely make it each month, but my ex does not spend a penny on the daughter for clothes, etc. Someone has to...I do.
It seems like a cut and dried thing: ex and I agreed to this; it should be done, it's in the stip. right?
Does anyone see any chance for the FOC to pull some BS?
Do I need an attorney for a simple motion like this?

My decree states as follows:

"It is further ordered and adjudged that should parenting time with the minor child be modified to provide for the child to reside with each party for alternating one week
Intervals as provided in this Judgment of Divorce when both Plaintiff and Defendant reside in the XXXXX area with each party having equal parenting time, then for a period of three years beginning with entry of this judgment, defendant's child support obligation shall be reduced to not less than $200.00 per week or 80% of the Friend of the Court Guidelines amount as calculated based upon Defendant's income and sole physical custody to Plaintiff, whichever child support amount is greater, however, Defendant's child support obligation shall not be reduced to less than 200.00 per week during the three year period beginning with entry of this Judgment."

Okay..so i moved to the area where my child is in Sept. and have been doing the 50/50 thing since then.

I went to FOC and they gave me a "PRACIPE FOR FOC REFEREE MOTION SCREENING,"

What is this? There is no place to write the motion on the form, only a place for "Motion Title." Do i write the motion seperately and attach to form?

How would I word a motion to effectuate the decree provision, above?

My divorce decree stipulated as follows concerning my ex's credit card debts:

"It is further ordered and adjudged that whenever this judgment requires Defendant to assume and pay a debt on which Plaintiff may be liable, including any individual and/or joint debt (assumed debt) Defendant, who is primarily responsible to pay the Assumed debt, shall arrange for plaintiff to receive copies of all regular statements and all notices of default relating to that debt, If Defendant fails to make any payment when due, Plaintiff, at her option, to protect her own credit rating, may make the required payment and seek an Order for spousal support as provided in this judgment of divorce."

"If defendant fails to pay any individual and/or joint debt assumed by him and plaintiff and plaintiff pays or is found liable to pay that debt, by court order or otherwise, then this Court shall order Defendant to pay spousal support to Plaintiff in an amount not less not more than the amount that Plaintiff is liable to pay on the debts."

Also a lien was placed on my house: I had to pay off ex's credit card debts to sell house.
My decree gave me 18 months from Jan. 02 to move within 20 miles of ex to commence 50/50 custody. In Aug of 2003 I signed a purchase contract to sell my house. I placed a deposit on an apartment and was scheduled to begin living there Sept. 22. I packed up and was ready to move. Closing was set for end of Sept., but things went bad.  The purchaser's mortgage company would give us no information on the loan and kept stringing my real estate agent along. I moved to the apartment. I was determined not to miss another year of daughter's school. I was still confident the deal would close. I found out at the END OF OCTOBER that the purchaser's loan was not approved. I put the house back on the market, although it was slipping into foreclosure. I just could not afford to make an apartment payment and a mortgage payment, pay the ex 2600.00 a month, absorb the added cost of gas commuting 130 mi RT to work each day and added cost of being with daughter 50% of time.  I stopped paying my ex's credit cards and my own. The house was foreclosed. I am presently filing bankruptcy. There is a 6 mo. Redemption period in my state.  I placed the house on the market at 20,000.00 below market value. A buyer appeared. The problem was, there would not be enough money from house to pay off ex's debts and hence transfer title.

My bankruptcy attorney prepared a release of lien that my ex signed. The money left over from the sale was placed in his escrow account along with a stipulation that he would use the funds to negotiate with ex's creditors in an attempt to settle her debts as per decree.

My decree calls for a 20% reduction (big deal) in CS once I move. I have been doing 50/50 since Oct., but have not filed for this yet, because I am waiting for the attorney to settle ex's debt.

1. If the attorney can settle ex's debts, can she asked the court to award her some type of punitive financial damages because I wrecked her credit? I am afraid she will do this (if she can) when I file for the CS reduction.

Form 8832, "Release of claim to exemption  for child of divorced or separated parents," specifically uses the terms "Non custodial and Custodial Parent". There is a space for the CP to sign and realse the exemption to the NCP. I have true 50/50. Do I need this form?

State is Michigan. All parties reside in Michigan.

For many years, my son, (30 years old) from another marriage would regularly visit my daughter (10 years old now) at Christmas and the summer and we often took trips together. He did this from the time daughter was born. The last time he visited was in July of 2002. In approximately early January of 2003, my ex-wife informed me that a counselor from a women's shelter had made a call to CPS concerning an alleged incident between my son and daughter.

I have tried to recreate the event that started this situation and have received bits and pieces from my daughter. EX enrolled herself and daughter immediately in the same women's shelter referred to above after EX filed for divorce in Sept. 2001. Two therapists from the shelter wrote FOC evaluator who investigated our custody case stating that daughter and her mother "exhibited most of the signs and symptoms of persons exiting abusive relationships."

The FOC evaluator recommended 50/50 custody and I have been doing that since Oct 03. I moved 65 miles and commute. I bought a home in my daughter's school district.

Daughter did not attend individual therapy at the woman's shelter on a regular basis, but was part of a group. This went on for 2 years. Apparently there was an exercise (Jan 2003) wherein the children were first asked to draw pictures of anyone who hurt them, identify that person, and then put some kind of sticker on that person.

The way the exercise was conducted that every child was required to name someone that hurt them and the next child was not called upon until the previous child had named someone. My daughter named my son. Later, in talking with my daughter about the incident, she stated that my son did not hurt her and they were just playing and does not seem at all disturbed by the incident.

I never saw the report. My ex claimed that Jennifer stated that son had "tied her up." The women's shelter called CPS. CPS called the cops. The cops came to my house in Feb. 2003. They did not investigate because my son did not live in Michigan, but in Arizona. My son was advised by an attorney not to talk to daughter or myself back in Jan 2003. My son is a junior high school teacher in AZ.

After seeking advice from you and others on the SPARC boards, I decided to have daughter and son not communicate. This was 3 years ago. My daughter is 10 years old now. I always assumed that the EX was motivating this stuff and vindictive against my son.

Well, I spoke to EX last PM. I told her about the situation (Son and daughter not communicating or visiting) and Ex said she was surprised to hear that and thought they talked on a regular basis and she also wondered why they did not see each other.

Well this was big news to me! I explained the effect the woman's shelter incident had had on my son and me and my reson's for not having son and daughter communicate. So, I was wondering if it would be a good idea to have EX sign a notarized statement to the effect that she is aware that son and daughter are communicating and intend to visit and that she has no problem with it.

EX stated she would be willing to do this. I do not want to get attorney involved, etc. just because I do not want anything that would make EX think I was up to something nefarious. The other issue linked to the above situation was that of child support and alimony. My decree provided for 860.00 a month rehabilitative alimony for 3 years. The decree also provided that I pay ex full child support, whether or not I have 50/50 for a 3-year period.

The 3-year period is over and the alimony is ended. I have decided
not to file for a modification of support. I can afford to pay the full support and EX needs it. My original fear was that trying to facilitate communication between son and daughter would give Ex a reason to file for full custody to get more support if I attempted to modify support to reflect current 50/50 custody situation.

I have eliminated that motivation. She has no financial incentive to file for full custody, since it would cost her MUCH more to take care of daughter for an entire month that it does now if she had to pay for everything.

50/50 has been very smooth with no incidents.  Daughter's grades have gone from C's to A's in the past 2 years with my involvement in her school work. I have kept meticulous detailed records, documentation and receipts on Optimal's parenting Time Tracker since Sept. 03.

1) Based on the above facts, what is the best course of action to faciltate communication and visitation between son and daughter, without involving the court and attornies?

2) If you think the notarized document is a good idea, how should I word notarized document?


Thanks.
Thanks.

I do not really have a case yet, as nothing has happened. However, I have issues I wish to discuss with an attorney that need to be addressed in preparation for any future troubles. I have located a decent family law attorney who only represents men and he has a good rep.

1. Would it be appropriate for me to ask if the attorney would bill be at his hourly rate for reading my documents and discussing them with me? I do not feel I should be required to pay a huge retainer, as there is no case or legal action to be taken yet.

2. Do attorneys sometimes do the hourly rate/counseling thing or do they consider any interaction a "case" and always ask for a retainer?

Currently pay child support (910.00 mo) and rehabilitative alimony (860.00 mo). Ex does not work or go to school. Have 50/50. Ex's alimony ends jan. 06.

1. Could ex file for a deviation from the CS (Michigan) guidelines to increase CS based on a loss of income. (alimony)?

2. Have you heard of such a thing?

Hello.

1. Could you please tell me where I might locate the following document?: In Re Barnes, 264 B.R. 415 (Bkrtcy Mich 2001)

2.What do the letters "264" and "415" refer to?

3. What does "In Re" mean?

4. When one is trying to discredit case law, is the best approach to try and demonstrate the case law is not comparable to the present case (the facts and circumstances are not the same and to try and locae newer case law that contradicts the case law being presented?

5. Is newer usually better in case law as long as the circumstances/facts are similar?

Thank you.

      For many years, my son, (28) from another marriage would regularly visit my daughter at Christmas and the summer. He did this from the time daughter was born. The last time he visited was in July of 2002. My son lives in Arizona. My daughter and I in Michigan.In approximately early January of 2003, my ex-wife informed me that a counselor from a women's shelter had made a call to CPS concerning an alleged incident between my son and daughter.


   I have tried to recreate the event that started this situation and have received bits and pieces from my daughter.  EX enrolled herself and daughter immediately in the same women's shelter referred to above after EX filed for divorce in Sept. 2001. Two therapists from the shelter wrote FOC evaluator who investigated our custody case stating that daughter and her mother "exhibited most of the signs and symptoms of persons exiting abusive relationships."

The FOC evaluator recommended 50/50 custody and I have been doing that since Oct 03.
Daughter did not attend individual therapy at the shelter on a regular basis, but was part of a group. This went on for 2 years. Apparently there was an exercise  (Jan 2003) wherein the children were first asked to draw pictures of anyone who hurt them, identify that person, and then put some kind of sticker on that person. The way the exercise was conducted that every child was required to name someone that hurt them and the next child was not called upon until the previous child had named someone.


My daughter named my son. Later, in talking with my daughter about the incident, she stated that my son did not hurt her and they were just playing and does not seem at all disturbed by the incident.
I never saw the report. My ex claimed that Jennifer stated that Wiley had "tied her up."  The women's shelter called CPS. CPS called the cops. The cops came to my house in Feb. 2003. They did not investigate because my son did not live in Michigan, but in Arizona.


My son was advised by an attorney not to talk to daughter or myself back in Jan 2003. My son is a junior high school teacher in AZ. My daughter is 9 years old now. Well, it's August 2004 now and my son and daughter have been talking on the phone regularly. I want to take my daughter to Universal studios in October and have my son meet us there. I am worried that my EX can screw things up. She has a real motivation to do so: since I have 50/50, her child support will be cut in half Jan 06. (from 1000 to 500.00 a month) her 3-year alimony (860.00 a month) will end. She has no income but these two sources. It is in her best financial interest to defeat the 50/50 so she can get full child support.

1) What can I do to protect myself from her potential allegations?
2) Is the CPS thing that happened in Jan 03 relevant now?
3) Am I doing something that can be used against me in court my having daughter talk to or visit son?
4) Should I stop telephone contact?
   

Okay, yes, I agree that the correct amount is 200.00 and many highly intelligent people support my conclusion. The FOC came with up with 44.00 more per month. The reason they did this is because the completely ignored the "shall be reduced to not less than 200.00 per week or 80% of the Friend of the Court Guidelines amount..." I have a copy
Guidelin 16.3 (the software they use)  and I ran the figures using my yearly gross income and came up with the same numbers.

The FOC made no adjustments. I did not catch this error at the hearing. The good thing about the hearing is that the FOC recommended alternating weekly custody and the Court Order was issued last week and I received it. Again, thanks to you.

1) How do I proceed to fix this.? (The 21 days to respond are past and it is now a CO and wage withholding order)

2) Do I file for another Modification for CS? Or is there a procedural path I can take?

My agreement reads as follows:


"It is further ordered and adjudged that should parenting time with the minor child be modified to provide for the child to reside with each party for alternating one week intervals as provided in this judgment of divorce when both Plaintiff and defendant reside in the XXXXXX community area with each party having equal parenting time, then for a period of three years beginning with entry of this Judgment, Defendant's child support obligation shall be reduced to not less than 200.00 per week or 80% of the Friend of the Court Guidelines amount as calculated based upon Defendant's income and sole physical custody to plaintiff, whichever Child Support amount is greater; however. Defendant's child support obligation shall not be reduced to less than $200 per week during the three year period beginning with entry of this judgment."


1. The Friend of the Court Guidelines in my case is 209.20 per week.
2. 80% of the above amount is 167.38.

A. So, based on the provisions in the stipulated agreement and the amounts provided in (1) and (2), how much do you think I should pay per week? (alternating weekly custody is in effect and recogzied by the FOC in a Court Order oredring alternating weekly custody).

This morning I received a phone call from FOC. They said the judge had signed the order and I would get a copy in the mail. Apparently we have one stop referee shopping in MI: A motion generates a CO if approved and a withholding order. (I do not have to do anything: automatically mailed to employer.) The only problem now is the 44.00 error the ref made: I will worry about that later.

Two good things have happened. 1) I am officially recognized as having 50/50 by the court. 2) I feel more confidant: I was able to do this myself (with your astute help). I made a vow never to use my attorney again. I did it for 20.00. He wanted 1200.00 to start. (I am not against attorneys...just the wrong ones.

I have, through diligent inquiry
and research located an attorney who is a barracuda and is 15 miles from where I live and knows the court system I am dealing with well. I found his listing on SPARC and other research has revealed he has nothing but glowing reviews. He only represents men,
has the highest Martin Hubbell rating. He is my big gun I will use is EX makes false allegations again or tries to change custody.

Although I did not catch the ref's computation error at the hearing, the golden goose was the parenting time mod, not the CS reduction. My documents, proofs, etc. were well organized and efficiently presented following your advice.

More often than not, I have posted late at night. Usually some problem would occur during the day or a new wrinkle would present itself to me in the evening.  What a solace and comfort it was to post on SPARC late in the evening and have your response with 5 minutes. That was just incredible. (Like last PM).

Thanks you for all your responses over the past 3 years. You are a gem.

Decree states:

IT is hereby ordered and adjudged that should defendant, XXXXXXXXXX, move to the XXXXXXX area including XXXXX or any other area within which the plaintiff or Defendant may reside so long as they are within appproximately 20 driving miles of each other within 18 months of entry of this judgement of divorce, then parenting time shall be modified with the child alternating her residence, one week with plaintiff mother, one week with defendant father....."


  I moved to the area in Oct 03 and began 50/50 then. I filed a motion to reduced CS in May 04. The hearing was June 10th. At the hearing the referee told me I had not filed a Motion to Change Parenting Time, but he would put the recommendation for alternating weekly custody in his recommendation (which he did), along with the recommedation to reduce support. My divorce was final Jan 7th 03. Eighteen months from that date was July 7th, 2004.

The referee did not bring up any time limit problems at the hearing. He just asked me when I started 50/50 and I produced a notarized affadavit
from EX dated April 30, 2004, stating we were doing 50/50. I filed a change of address with the FOC in Oct. As per my post below, i have not recieved a court order. ( I posted a response to your reply that I would not receive a court order..please read).


1. Does my court order mean I have 18 months to move and it does not matter when I file the motion to change parenting time as long as I have moved within the 18 months or does it mean I have 18 months to move, file , the motion, and get the order approved?