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You will be responsible for half of what it cost the state to insure the pregnancy/birth. Last case I saw with the actual numbers was back in 2009 and they charged the father $1500. Now once the baby is born and if you have insurance, I suggest you get the child on it. If mom gets medicaid or michild for the baby, then you will also have to pay a set fee on that.

If you marry mom after the baby is born the state will forgive you for those pregnancy/birth fees.

Mom had to tell the state you were the father, they make you list the father on the forms when you sign up. Depending on the county, it can take from several months up to even a year before they come after you. Are you planning on signing the AOP? If so you can do that right at the hospital and it is free, they take care of filing it and your name then is put on the Birth Certificate. If it's not done through the hospital, it's a pain to do, and you have to pay a fee, plus you then have to have your name added to the Birth Certificate. You can google the info on paternity and the AOP/BC.

Here's the Mi link to the Paternity Act that explains all of this
http://www.legislature.mi.gov/(S(tejkbxzyltdi4pfp1jcuuvmh))/mileg.aspx?page=getObject&objectName=mcl-722-712&highlight=paternity (http://www.legislature.mi.gov/(S(tejkbxzyltdi4pfp1jcuuvmh))/mileg.aspx?page=getObject&objectName=mcl-722-712&highlight=paternity)

I do get the problem with him cancelling. I have many extended family members in split situations, several custodial moms and several custodial dads. Big complaint by all of them is the other parent cancelling, and they often find out their other is doing the things your ex is, lying about why they need to cancel and it showing up online in their postings.

But here is the deal, they have the right to visitation time, but they are not obligated to take that right. So by becoming the custodial parent, you actually agree to be crapped on when they don't want their time and come up with lame excuses so they can go do their thing. But then you can look at it this way, you actually are not that crapped on, cause you get extra time with your child, or maybe some other family member gets time with them, as you may have made plans cause you thought the children would be with dad. I do know ones who have gotten weeknight visitation taken from the non custodial parent. But they had to have a years worth of no shows, and proof of the no shows. I have yet to see one get weekends taken away, but then I don't anyone who has missed a years worth of weekend visits.

In Michigan you do not have to give make up time, unless your the one who cancelled the visit. So if dad cancels his visit, he can be out of luck. The court does like to see that the custodial parent tries to give them make up time anyways, but they also understand that you can't always arrange your own schedule to work that out.

If you read the handbook, most have something in there about either parent not talking to the other about the court stuff, that includes child support. However the handbook is just guideline, so Friend of Court can't do anything about it unless it is written in your order. Now I wouldn't go filing cause he tells the kid one thing, but if he is discussing this stuff with the child often, then you surely can ask for it in your order. Then if it is in order, dad would be in contempt of that order. With how Michigan does it, you don't have to actually file contempt, you can write Friend of Court your complaints(as long as it in the order), and they will investigate. Basically they will just tell dad not to do it, but if this were to become an ongoing issue, and dad was to ignore what FOC told him, they will do more.

Just giving you extras, cause I'm not sure how much you know on any of this, show just showing what can be possibly done on certain things. Last thing, don't forget in Michigan, you first go to a Ref, Refs only make recommendations, if you don't like what they recommend, you have the right to object and see the Judge. Nothing is an order until the Judge signs it. If you don't object to a Refs recommendation in the alloted time, it then goes to the Judge and he signs it. The county's tend to vary on this time frame to object, I have seen many that are 21 days, however my county is only 7 days. So you should find this out before going to court. I have seen many times where someone objects to the Refs recommendation, and the Judge will agree and come up with something else. Matter of fact, I have seen more often then not, the Judge decide something different then the Ref has. Don't know it could just be the cases I have seen, but it is worth a shot if you don't like the Refs recommendation. It only costs you an extra day in court, no fee to file an objection.

By your additional info, I agree with simplydad and wonder why on earth your ex would want to modify, if the child support order is from when you were working.

Now that he is seeking modification, by all means get your income modified. It's Michigan, courts are well aware of the job situation, well aware that most can't find jobs making what they once were. Do some research, find job openings that match what your job was before layoff. Get information on pay for these openings, and show the court that you can't make what you once were. Good shot of being imputed for a lower income.

When Michigan imputes, they can only impute if the person can actually work. So they look at it like this, if this person were to actually go to work, would they also need daycare for the child/children? If so, they will consider daycare into this. Often when one makes a lower wages, by imputing, the court knows that the person can/will go get a job. So they figure the going rate for daycare into this. If the imputing amount makes say $100 difference in the support order, they then figure what it would be for amount of time the child/children would be in daycare, they then take the parent who pay's child support percentage that they have to pay for medical and daycare. So say daycare is $200 a month, that parents percentage is say 50%, so that person owes $100 in daycare to you. It washed the savings he is getting by imputing you, so they tell them forget it, we are not imputing, unless mom were to come back and motion for daycare. Now I just made up figures to show this, but if it washes his savings or if daycare is more then his savings(which is often the case), then they won't impute.

And I know this for fact, have been in there many times when this has occured.

I think dad is being foolish, cause you were making an income when child support was figured anyways. He is also foolish cause he has not considered that daycare will factor into this, if you are imputed or were working.

I get your point on fathers and agree. I personally don't know of any federal legislation. I pay attention to state, and my state is different then yours. I feel state legislation is more important to pay attention to and be active in on these issues. To many other federal  things to worry about and not enough time to be active in everything. Anyhow, keep an eye on your state legislation.

As for the others you listed, paternal grandparents, step-moms, paternal aunts, they are 3rd parties. I personally don't feel they should have rights in this, only the parents of the child should have rights. I do hear ya, on when a father is limited in time or any parent for that matter, that will also limit that persons extended family time. But giving to many rights to all these 3rd parties would be a mess and a huge mistake in my opinion. For the record I am both a maternal and paternal grandparent. My rights as the grandparent are to work with the parents to get to see my grandchildren. I have grandchildren in split situations, the time I get to see them is always through the parent of the child I am parent to. I would never go to the parent, that I am not the parent of and ask or expect them to give me time. If they kindly offered it, I would jump at it, but that is not likely to happen and that is their right, not mine.

My point is be careful in thinking that 3rd parties should have rights, cause that can come back on you, cause you have to keep in mind these extended 3rd parties are also on the other side to. If your side of 3rd parties get rights the other side will have those rights to. It would be way to many having rights to the child.

I can tell you the many Judges I have seen in different courts in Mi, will consider things like other children and work schedules. But I said consider, so they do that case by case, they honestly don't like taking time to figure out complicated schedules.   

If her ex and his 2nd wife, also have a Mi order, and if it is standard, this would not matter anyways. Dad would have his kids on the same weekends and same holidays each year. Every standard parenting plan I have seen(I have not seen every county in Mi, but a good portion of them), do it the same. They dish out by dad and mom, not custodial and non custodial. So all dads have the same and all moms have the same.

Mom in this case needs to understand, if they can't work out a schedule, most likely dad will get standard. Mi is really big on giving standard when the 2 parents can't work it out themselves. It won't be up to mom to decide when dad has child and when he does not. Your weekends and holidays are laid out for you, so is the amount of time for summer and extended holidays.

Looking at her posts, she has just given dad some extra time on his weekends and a few here and there when he asked. She also has done holiday's based on if dad is working or not, if he is working he does not get the child. Standard does not work like that. If dad has the back half of Christmas, he gets from Christmas eve, until the night before school resumes. It don't matter if he works on any of those day's, it is his time, and he can have someone watch the kids, while he works.

Poster really needs to look up her standard parenting schedule for her county and start with that working with dad. If this goes to court, the very least dad will get is that standard. He could get more. But unless the dad needs something like supervision or we are talking a young child(many county's don't consider child age), dad will get standard, if they can't work something out themselves.

I'm not sure about what can be introduced into evidence but I would definitely (no matter what happens) request that the children attend counseling with you.

I also am not sure what can be introduced into evidence, but as suggested request the children attend counseling. You might want to see if you can request a GAL be assigned to the children.

Has mom ever been diagnosed with BPD? Or is this just what you have figured it to be? BPD is one of the hardest disorders for professionals to diagnose. Many BPD's are high fuctioning, and many can appear to be charming and honest when they want to.

If mom has not been diagnosed by a professional, you can request pysch evaluation, but be prepared to pay for it and take one yourself. Not sure if you have done anything in court on this up to this point. It's up to the court to decide what they will do, but you have to file for these things, or they won't do anything.

I have a sister who is 52, I believe she is BPD, however she has never been diagnosed. BPD's do not feel there is something wrong with them, it is everybody else who has the problem, so they often don't seek professional help. There are lots of great books and lots of great info online of how to deal and how not to deal with a BPD. It's very important you read up on this part, cause there is a right way and a wrong way in dealing with these individuals. It will help you everytime you have an issue with her, confrontation is what a BPD thrives on.

I don't get that, cause I have had my account for sometime here, while I don't post often, I know I have posted more then 5 times. I do know they recently changed the forum over, so perhaps it took away posts counted to me.

Just to clarify, there was a major crash and many posts were lost . . . not taken away intentionally.

Thanks for letting me know. At first I had to check my username, thought who's account did I sign onto, haha.

Michigan each county is a bit different. What ya need to do is google your county name, then Friend of Court handbook. Each county has there own, and then vary. In just about every county I have looked at in Michigan, the Friend of Court has a standard visitation plan laid out, again they vary between counties. When 2 people have problems with an order that is reasonable and liberal, usually the court will just assign the standard visitation plan. If your counties is not online, you can call the Friend of Court and request one by mailed to you, or go down and pick it up(much faster). You can also look up the Michigan State Friend of Court handbook and any other county to get an idea. Just keep in mind your county might have a bit different one.

In my county, standard is EOW, Fri 6pm till Sun 7pm(summer 8pm). One weeknight, 6pm-8pm(summer 9pm).

Holidays are every other, each standard plan, will list mom gets these holidays on even years and these holidays on odd, and then dad would get the opposite for even and odd. Holidays in my county are, Mid winter break, spring break and Easter(some years these fall at different times, sometimes they fall at the same time), memorial weekend, 4th of July, Labor day, halloween, thanksgiving and christmas/new year. Keep in mind the holidays during school, usually are the entire school break. Christmas goes like this in my county, even years mom gets from the day school recesses till 9pm christmas eve, dad gets 9pm christmas eve till 7pm the day before school resumes, on odd years, you just reverse mom and dad, dad gets front part, mom gets second part. Some holidays cover the entire school break, some holidays cover a 3-4 day period.

Summer vacation, in my county each parent gets 3 weeks of vacation, 1-1 week and 1-2 week, the vacation scheduled, must be agreed upon by May 1st and a copy of it turned in to Friend of Court by that date. The time runs from 8pm Sun till 8pm the following Sun.

Now to give you an idea of another county, my Niece's order is the county next to mine. They have no mid winter break, because none of the school districts in that county, have a week off in Feb. They don't include halloween and summer is 3 weeks, however it is 3-1 week periods. Non custodial can take his on custodial parents weekends, but custodial parent can't take there's on non custodial weekends.

Pretty standard practice for courts in Michigan to just use this standard, unless you have good arguments why dad should not have standard, he will get standard. So basically your choice is to work out a plan with dad yourself, or let the court do it, and the court will just assign the standard. You can work out a plan, get it on paper and take it down to Friend of Court to have it become an order. But both parties must go together, depending on the county, either FOC will take it and have Judge sign it, or set up a date(sometimes right then, my county does)to go in front of Judge. Judge just wants to make sure both parties agree, and both parties know they had the right to seek counsel and the right for a hearing in court. If you both agree, the Judge will sign off on the order right then, you can walk out with your order on paper, in your hand.

Sorry it would not let me post the link to the Michigan Child Support Formula Manual, said I needed to have 5 posts.

I don't get that, cause I have had my account for sometime here, while I don't post often, I know I have posted more then 5 times. I do know they recently changed the forum over, so perhaps it took away posts counted to me.

Anyways, just google Michigan Child Support Formula Manual, and you will get links directly to the manual, sorry about that.

[2.01(G) Potential Income]

Michigan can and will impute wages to both the custodial and non custodial parent. Michigan's child support formula is based on both parents income. The following is the Michigan Child support formula manual


The following is the section from the manual for potential income(imputing)

2.01(G) Potential Income

When a parent is voluntarily unemployed or underemployed, or has an unexercised

ability to earn, income includes the

potential income that parent could earn, subject to

that parent's actual ability.

(1) The amount of potential income imputed should be sufficient to bring that parent's

income up to the level it would have been if the parent had not voluntarily reduced

or waived income.

(a) The amount of potential income imputed (1) should not exceed the level it

would have been if there was no reduction in income, (2) not be based on more

than a 40 hour work week, and (3) not include potential overtime or shift

premiums.

(b) Imputation is not appropriate where an individual is employed full time (35 or

more hours per week) but has chosen to cease working additional hours (such

as leaving a second job or refusing overtime). But actual earnings for overtime,

second job, and shift premiums are considered income.§2.01(C)(1).

(2) Use relevant factors both to determine whether the parent in question has an actual

ability to earn and a reasonable likelihood of earning the potential income. To

figure the amount of potential income that parent could earn, consider the

following:

(a) Prior employment experience and history, including reasons for any

termination or changes in employment.

(b) Educational level and any special skills or training.

(c) Physical and mental disabilities that may affect a parent's ability to obtain or

maintain gainful employment.

(d) Availability for work (exclude periods when a parent could not work or seek

work, e.g., hospitalization, incarceration, debilitating illness, etc.).

(e) Availability of opportunities to work in the local geographical area.

(f) The prevailing wage rates in the local geographical area.

(g) Diligence exercised in seeking appropriate employment.

(h) Evidence that the parent in question is able to earn the imputed income.

(i) Personal history, including present marital status and present means of support.

(j) The presence of the parties' children in the parent's home and its impact on that

parent's earnings.

(k) Whether there has been a significant reduction in income compared to the

period that preceded the filing of the initial complaint or the motion for

modification.

(3) Imputation of potential income should account for the additional costs associated

with earning the potential income such as child care and taxes that a parent would

pay on the imputed income.

(4) The court makes the final determination whether imputing a potential income is

appropriate in a particular case.
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None of this applies just to the non custodial parent, it applies to both parents, even the one receiving the CS, they can and will impute income to the custodial parent. It's all in the Michigan Child Support Manual, link at top of my post.

In your first post you said you were laid off, fair enough, after all this is Michigan, jobs are hard to come by. But then in another of your posts, you say your in the position with your new husband that not working is possible. Nope the Michigan Formula does not work that way, that would be voluntarily unemployed or underemployed. Also since your child must be school age(deducting that by you saying before and after care) your cost for daycare is lowered during the school year. Yes in summer you may need full time care. But if they imputed you with minimum wage, childcare during school year and then full time during summer, they will say that minimum wage is enough to make to afford that much care.

Keep in mind to that on top of base support, your ex will be required to pay his portion of child care. His portion is figured in the child support formula. So say he was to make $50,000 a year and you were to make make $20,000, his portion would be much higher. They also take this percentage to medical insurance and uncovered medical expenses.

So your going to have to prove you were laid off, and you can't find other work. It's not likely you will win an argument on not being imputed because of cost of daycare, as your child does not need full time daycare year round, and even if you made minimum wage, the other parent will be paying a portion of daycare. So the court can find that you need to find a job and impute you on what you can make.

There is case law out there on the custodial parent being imputed, I've seen some cases before. Sorry don't remember the names of the cases and didn't save them, but they are there. My daughter is in a split situation, in Michigan, she is and was custodial parent, and they imputed her a wage.

It's possible to win your argument, but if your ex has a lawyer, and if he does his job, it's unlikely and you will be imputed. If I get a chance, I will see if I can locate any cases where the imputing has to do with the custodial parent and post them for you.