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#3
Dear Socrateaser / Child Support Review in Michigan
Apr 24, 2006, 06:35:01 AM
FACTS:
Initial cs order 14 yrs ago based on NCP's income of over $100k per year.
He refused to pay, got in arrears over $15,000
He has a HORRIBLE history with not showing for court, etc, which landed him in jail for 90 days...8 yrs ago...and yes, since then he's been paing on arrears. He's still $5000 behind.
Thru his creativity and lying to the court, he got cs reduced and it is now based on him making only $12 per hour (has been this amt for past 8 yrs, and I agreed not to include his overtime).
At that last hearing, and all previous, he never brought in the full info asked for (tax returns, etc) - he only brought what would benefit him (a check stub showing a low wage, or a W2 from only 1 job he had that year), or TOLD them what he made.
My cs was reduced because he had a previous cs order, which took precedence over mine. So my cs for the past 8 yrs has been based on his $12/hr less the first cs order.
I have court tomorrow cuz I filed for an increase due to: A). No review in 8 yrs; B). His previous cs order is now void since that child turned 18; C). Due to medical problems, my income has been substantially reduced and is expected to be reduced for at least 2 yrs.
The moment he received the mod papers, he filed for unemployment.
When I go to court, I know he'll just say he's on unemployment, and not bring the proper income info w/him.
QUESTION:
1). Will the court base his cs on his ability to earn, rather than the unemployment he is receiving?
2). Can I ask they write the IRS per IRS code 11.3.32 to obtain his past tax returns?
3). On what grounds can I appeal the decision if they base it on his "word" or on his unemployment?
Initial cs order 14 yrs ago based on NCP's income of over $100k per year.
He refused to pay, got in arrears over $15,000
He has a HORRIBLE history with not showing for court, etc, which landed him in jail for 90 days...8 yrs ago...and yes, since then he's been paing on arrears. He's still $5000 behind.
Thru his creativity and lying to the court, he got cs reduced and it is now based on him making only $12 per hour (has been this amt for past 8 yrs, and I agreed not to include his overtime).
At that last hearing, and all previous, he never brought in the full info asked for (tax returns, etc) - he only brought what would benefit him (a check stub showing a low wage, or a W2 from only 1 job he had that year), or TOLD them what he made.
My cs was reduced because he had a previous cs order, which took precedence over mine. So my cs for the past 8 yrs has been based on his $12/hr less the first cs order.
I have court tomorrow cuz I filed for an increase due to: A). No review in 8 yrs; B). His previous cs order is now void since that child turned 18; C). Due to medical problems, my income has been substantially reduced and is expected to be reduced for at least 2 yrs.
The moment he received the mod papers, he filed for unemployment.
When I go to court, I know he'll just say he's on unemployment, and not bring the proper income info w/him.
QUESTION:
1). Will the court base his cs on his ability to earn, rather than the unemployment he is receiving?
2). Can I ask they write the IRS per IRS code 11.3.32 to obtain his past tax returns?
3). On what grounds can I appeal the decision if they base it on his "word" or on his unemployment?
#4
Dear Socrateaser / Custody/Visitation
May 06, 2004, 11:17:18 AM
I've never written to you before, so excuse me if this is too long for you...
Here are the facts:
Parties were never married, cp moved out 7 years ago while ncp father was at work, hid the child for 6 months until forced by the court to allow visitation. Much, much more since then, but here is a recent problem we need help on
All parties reside in Michigan
On April 28, 2004, the mother was arrested for assault with a deadly weapon against her boyfriend. She was beating her boyfriend in the head with a vase and was arrested on the spot while drunk.
On May 3, the cp's sister approached the ncp father stating "You have to get (child) out of that house before he gets hurt.
The mother was homeless, because her boyfriend now has a PPO against her and won't allow her back into the house and had been living in hotels.
The mother has a criminal record showing she had a conviction for stolen property
The mother's two sisters, brother in law, and stepmother were at the ex parte hearing on 5/4 to testify that the mother has a drinking problem and becomes drunk to the point of passing out on a regular basis.
While at the hearing, the ncp was arrested in court on the AWDW warrant and stood before the judge in handcuffs.
There was evidence available to be presented that while the mother is in her drunken state, she instructs her 9 year-old son to go on errands for her, and he must cross two busy, four-lane streets in order to do this.
Evidence was available to be presented that the mother has two DUI's in the past five years.
Evidence was available to be presented that in the past 6 months the mother has tried to commit suicide twice; was held for observation in a psychological ward for three days. This was done after the police broke down her door to see her with a loaded gun pointed at her head while my nephew slept in the next room.
On the second occasion she called her father from her cell and told her she had a gun in the car with her and was on her way to kill herself.
The child's attendance record stating he's been tardy 15 times and absent 8 this quarter
Result: The judge listened to the two attorneys, refused testimony from the mother's family who wants the father to be given temporary custody.
The Judge said, "There's no need for an emergency change of custody at this point. We're remanding it to FOC for their investigation and recommendation." This is based on the child's grades alone - all the judge looked at was teh report card and did not allow us to present our proof or our witnesses
The child has been in danger for a great period of time, in the custody of someone who not only has violent tendancies, substance abuse issues, is homeless and is grossly mentally unstable.
Today is his regularly scheduled visitation day. The papers state he is to pick the child up at 4:30 and return him to school tomorrow. He has been picking child up right from school at 3:30 but cp told him if he does, the police will be called.
QUESTIONS:
1). Should he show up at her place of employment at the time in the court visitation papers (4:30) to pick up the child today?
2). If she will not release the child, what should he do?
3). What can we do that will make the FOC listen to the evidence we have - specifically the cp's family's testimony - during the custody review?
Here are the facts:
Parties were never married, cp moved out 7 years ago while ncp father was at work, hid the child for 6 months until forced by the court to allow visitation. Much, much more since then, but here is a recent problem we need help on
All parties reside in Michigan
On April 28, 2004, the mother was arrested for assault with a deadly weapon against her boyfriend. She was beating her boyfriend in the head with a vase and was arrested on the spot while drunk.
On May 3, the cp's sister approached the ncp father stating "You have to get (child) out of that house before he gets hurt.
The mother was homeless, because her boyfriend now has a PPO against her and won't allow her back into the house and had been living in hotels.
The mother has a criminal record showing she had a conviction for stolen property
The mother's two sisters, brother in law, and stepmother were at the ex parte hearing on 5/4 to testify that the mother has a drinking problem and becomes drunk to the point of passing out on a regular basis.
While at the hearing, the ncp was arrested in court on the AWDW warrant and stood before the judge in handcuffs.
There was evidence available to be presented that while the mother is in her drunken state, she instructs her 9 year-old son to go on errands for her, and he must cross two busy, four-lane streets in order to do this.
Evidence was available to be presented that the mother has two DUI's in the past five years.
Evidence was available to be presented that in the past 6 months the mother has tried to commit suicide twice; was held for observation in a psychological ward for three days. This was done after the police broke down her door to see her with a loaded gun pointed at her head while my nephew slept in the next room.
On the second occasion she called her father from her cell and told her she had a gun in the car with her and was on her way to kill herself.
The child's attendance record stating he's been tardy 15 times and absent 8 this quarter
Result: The judge listened to the two attorneys, refused testimony from the mother's family who wants the father to be given temporary custody.
The Judge said, "There's no need for an emergency change of custody at this point. We're remanding it to FOC for their investigation and recommendation." This is based on the child's grades alone - all the judge looked at was teh report card and did not allow us to present our proof or our witnesses
The child has been in danger for a great period of time, in the custody of someone who not only has violent tendancies, substance abuse issues, is homeless and is grossly mentally unstable.
Today is his regularly scheduled visitation day. The papers state he is to pick the child up at 4:30 and return him to school tomorrow. He has been picking child up right from school at 3:30 but cp told him if he does, the police will be called.
QUESTIONS:
1). Should he show up at her place of employment at the time in the court visitation papers (4:30) to pick up the child today?
2). If she will not release the child, what should he do?
3). What can we do that will make the FOC listen to the evidence we have - specifically the cp's family's testimony - during the custody review?
#5
Custody Issues / EMERGENCY HELP FOR MY BROTHER!!!!
May 03, 2004, 05:42:17 AM
Last night my brother's ex's sister came to see him. Seems his ex and her bf got into a fight, she threw a vase at him, hit him in the head, sent him to the hospital, and she now has an assault and battery warrant out for her arrest. He kicked her out of the house so she's staying at a hotel. The sister said their son is in a very bad, very violent environment and he needs to take his son from her. She said there were loaded guns in the house, she and her bf are raging alcoholics, they leave the child alone a lot while they work, and plenty of other things. Supposedly the sister, brother and mother all agree that the child needs to be with my brother. This isn't the HALF of it - too long to go into the entire history though.
My bro contacted his ex and told her she needs to let him keep their son until she gets her life in order. Her response was "absolutely not."
I know he needs to file for an emergency temporary custody hearing, but the atty he uses, he doesn't have faith in for this situation. I'd hate for him to use an atty who is not familiar with his situation, however, it's what he wants to do.
I told him to get his son's attendance records from the school (cuz in kindergarten he was late CONSTANTLY for afternoon kindergarten classes cuz she couldn't get out of bed to get him there by noon) and to see if he can contact the sister, brother and mother of his ex to make sure they'd be willing to testify against his ex to help him gain custody. I told him to see if they will at LEAST sign a notarized statement, just in case the "I can't do this to my sister/daughter" comes into play later.
I guess my question is two fold:
1). What can he do NOW, at this moment, to help him get this emergency custody
2). Does anyone here know a STRONG family lawyer in Macomb County, Michigan?
My bro contacted his ex and told her she needs to let him keep their son until she gets her life in order. Her response was "absolutely not."
I know he needs to file for an emergency temporary custody hearing, but the atty he uses, he doesn't have faith in for this situation. I'd hate for him to use an atty who is not familiar with his situation, however, it's what he wants to do.
I told him to get his son's attendance records from the school (cuz in kindergarten he was late CONSTANTLY for afternoon kindergarten classes cuz she couldn't get out of bed to get him there by noon) and to see if he can contact the sister, brother and mother of his ex to make sure they'd be willing to testify against his ex to help him gain custody. I told him to see if they will at LEAST sign a notarized statement, just in case the "I can't do this to my sister/daughter" comes into play later.
I guess my question is two fold:
1). What can he do NOW, at this moment, to help him get this emergency custody
2). Does anyone here know a STRONG family lawyer in Macomb County, Michigan?
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