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I am the NCP with joint legal and joint physical and I pay CS to a person who lives with mom and whose mom pays the house bills and whose mom leased the person a brand new pickup truck.  The CP in this case chooses not to work despite plenty of jobs available in the chosen field.  The CP gets themselves fired time and time again and then has a million excuses as to why this keeps happening.  So I guess I pay to support the CP in staying at home while both children are in school full time.

I not only pay CS, but I also take the children to doctor and dentist and I buy the children new clothes and shoes because even when CP buys them clothes, for some reason they are too small or in poor condition most times.  I also have a residence to support and the bills that go along with it and I have insurance and car payments and all that.  My state does not take into consideration any other bills that the NCP may have other than taxes taken from the paycheck and who is paying for the medical insurance.  They just don't care that you have to provide a residence for the child to come to.  And that 50% credit is just about worthless the way they figure it but it's something I guess.

I guess I would like to know that the CS doesn't go to entertainment for the CP and for the CP's new vehicle and the CP's "friends" although I am fairly certain that it does based on what I see and hear.  I just keep doing for the children knowing that I can make more money.  The system is neither right nor fair and needs a complete and utter overhaul.  But, I do what's right for my children and try not to worry too much about it for now.

Case is in Michigan, all parties are in Michigan.  I am pro se.

I filed a Motion to Change Primary Residence of the Minor Children with a Proof of Service of 1/11/07 in conjunction with the rules of service.  The county allows 14 days for response to a motion and the state allows 21 days.

Ex received the Motion and waited until 1/31 to hire an attorney to represent him.  Notice of Representation was filed with the court on 2/2.  In any case, the time for response has passed according to the rules.  I am aware that if my ex and his atty don't respond at all then it's considered an admission of the claims in my motion.  The response was filed with the court 2/15 and our hearing is tomorrow afternoon 2/20.

I would really like for any responses and counter-claims to be ignored by the judge.

1.  What can I say to the judge about this late filing during the hearing?
2.  Can the judge ignore the filing and its contents?

Thank you!

All parties in MI, case in MI.

I am preparing to file a Motion to Modify Primary Residence.  It was suggested to me that I must attach all evidence supporting the claims in the Motion before I can file it, otherwise it won't be heard.

I checked the State Court Rules and it does state that all post-judgment motions must have the evidence attached but this was part of the Civil section and no other reference was made for Family Law.

Being pro se, I want to make absolutely certain that I do everything as correctly as I possibly can.  When I was filing Motions during our CS determination hearings, I did not attach evidence even though these would have been considered post-judgment.

1.  It is absolutely necessary to attach supporting evidence to a post-judgment Motion?
2.  Doesn't attaching evidence tip your hand early?
3.  What options do I have for evidence that I will have in a couple of weeks but do not have now (medical records, school records where I already know what is contained in the record but need copies) if I need to file evidence with the Motion?

Thank you Soc.  I trust what you say and will do what you recommend.

Just one more thing for now...

My state appellate and supreme court opinions are available online.  

1.  Do I still need versuslaw.com?

Thank you Soc.  I trust what you say and will do what you recommend.

Just one more thing for now...

My state appellate and supreme court opinions are available online.  

1.  Do I still need versuslaw.com?

Sorry Soc...didn't want to write a novel but I guess I really didn't include enough information.

I am the mom in this case.  It's dad who has primary residence.

What happens in the county I am in, in the State of Michigan, is that one of us begins by filing a motion for the change.  The matter will be heard by a Friend of the Court Referee and at that time it will be decided if the motion has merit or not.  If it does, then it will be sent to a FOC Investigator who will recommend based on evaluating both of us against the Best Interests of the Child test (12 points that deal with the parent most likely to encourage a relationship, the parent who has the most willingness and capacity to support the child, the parent who will encourage the child's religious education/preference, the parent who will be the most likely to insure education and medical welfare, etc.).  The Recommendation will be reviewed by the judge who will make the final decision.

I do have evidence such as medical records, letters from the teachers and two former psychologists, school records, receipts, letters from ex.  I have witnesses such as the teachers, the current psychologist for my older son, pediatrician, other parents who have witnessed behaviors that do not meet the best interest standards, and so on.

During our CS review last year, the judge was very angry that my ex "willfully and with concious disregard for the welfare of the minor children" chooses not to work and sees no reason that my ex cannot and will not participate in the support of the children.

My DH got two DUI in two weeks, 6 years ago.  He was eligible for reinstatement 18 months ago however there were no funds to accomplish that task and I was not thrilled with the idea of taking on the Driver License Appeal Division without an atty.

Michigan has amended the guidelines for change of custody to state that it must be change in circumstances or "proper cause".  I have not found a definition of what is meant by "proper cause" though.

All of that being added....

1.  Is there a case now?
2.  If there is a case, should we clean up the DH mess before filing?
3.  If there is a case and I write the motion, how detailed should the motion be?
4.  If there is a case, I am taking the right stance by wanting to change primary residence rather than changing the existing joint physical/joint legal custody?
5.  What might be the definition of  "proper cause"?

Thanks Soc!  This is WAY too important to just play around with.

State is MI, all parties reside in MI.

Ex and I have joint legal and joint physical custody of the minor children with ex having primary residence.  Ex is not providing a fit and proper environment for the children to reside in.  Ex also does not follow orders from the pediatrician regarding the children's health.  Ex does not spend CS on the children and continually asks me for money above and beyond the CS he receives "for the benefit of the children".

Also, ex has a "revolving door" of girlfriends and broken relationships lasting two months or less where the children were subject to these multiple partners.  Ex has taken the children to the doctors when absolutely necessary and unavoidable and has listed me as having financial responsibility but has used my name when married to him and his address and when the bills come they are sent back until they go into collections and then the collectors find me, much to my surprise. Ex was also in court yesterday regarding a fraudulent statement claiming that he had a discount to purchase his new truck that he did not have and could not provide.  Ex does not hold a job for more than 4-6 months during a 12 month period and is once again unemployed (he lives with mom and always has).

DH lost his driver license and is eligible now for reinstatement of the license but we have not had the money for the costs and fees to reinstate and won't until the fall of this year.

That being said, I am preparing to file the aforementioned motion because I believe that ex is not capable of providing a fit and proper primary residence.  I have written evidence of the majority of the claims I will make but I also have some concerns as follows:

1.  Will anything that ex has said directly to me or admitted directly to me be hearsay and therefore inadmissible?
2.   Should I wait until after DH's license is reinstated to file so that the issue is a moot point during the FOC investigation?
3.  Is ex's unstable employment history and apparent unwillingness to assist in supporting his children a valid argument?
4.  How can I best use the "revolving relationship door"?
5.  Can I follow the "best interests" test when writing the motion?
6.  Should I provide examples of my claims within the motion?  (i.e.  Plaintiff willfully and egregious refuses to support his children.  Plaintiff cannot remain employed for more than 4-6 months in any 12 month period and his behavior and attitude are the main causes for termination.)

I am pro se as ex will be and I don't want to screw this up because I don't think you get another chance if you upset the judge!

Dear Socrateaser,

My case is in Michigan.

After a long, drawn-out, expensive divorce we finally entered proofs in May 2004.  I had to settle the case as I did not have the $12K my attorney claimed was necessary for trial.  Ex was plaintiff and his attorney was responsible for drafting final judgment in 21 days.  This did not happen.

In July, my attorney began calling and faxing ex's attorney to finish this case.  There was no response.  Because of known health problems on the part of ex's attorney, my attorney called the judge's clerk.  This prompted the judge to issue a show cause in August.

Neither ex nor his attorney were there for the show cause so it was reschedule for September and ex and his attorney were ordered to pay $500 attorney fees.  We had the same problem in September where my attorney presented the final judgment and it was entered in default but ex and his attorney were not present once again.  And once again they were ordered to pay another $500 in attorney fees.

I had an outstanding balance which I offered to at least make payments on and which my attorney refused, demanding payment in full.  In addition, even though he claimed that he was going to go after ex and his attorney for the $1000 total fees, he never did.  Instead he claims that I am responsible for them as well.  He took me to court to force me to pay the balance and got a judgment for what I had originally offered (payments).  He also put the judgment on my credit report without notifying me, insuring that I cannot buy a car, get a credit card, or buy a home until he is paid in full.

My questions are as follows:

1.  Ultimately, who would be responsible for paying my attorney the $1000 fees that were court-ordered as the responsibility of ex and his attorney?

2.  What methods are available for me to force the attorney to collect those fees from the person(s) responsible for paying them?

3.  Can the attorney put the judgment on my credit report without notifying me?

4.  How can I get that judgment removed from the credit report, especially since I am paying timely and have not missed a payment?

5.  If the attorney does not have to collect, how can I do so?