Messages

Kids are 16 and 15.

NCP doesn't want the children to participate in anything including football and basketball.  School dances, you name it if it falls during his parenting time.  

Tried to work out a change for court order but the only change he is agreeing with is if the order specifies that both parties must agree upon extracurriculars in order for them to participate.

It is getting to a point where the children are going to down right refuse to visit because the ncp will not allow them to do any of the extracurriculars that they want to particpate in.

Even included in our discussion that 16 yr old is interested in working part time job and the ncp is not willing to take children to work if they have to work during his time that he would rather give up his parenting time and request make up time than take son to work.  I thought this was part of parenting.

1.  If children down right refuse to visit is it likely CP will be held in contempt (children are 16 and 15)

2.  If taken to court and can prove thorugh letters than ncp has refused to allow chidlren to participate in football and basketball and other activities or given me a very hard time over them.  Is it likely that the court will order the ncp to be responsible for taking the chidren to their activities during his parenting time?

3.  Regarding part time job, is it likely a court would order the ncp to be resonsible to get our son to his part time job duirng his parenting time or just allow him to miss his visits because of hsi job and get make up time?

Thanks

2001 my ex requested reduction in child support claiming that he lost his job due to an automobile accident and he could not perform his job duties the day following the accident so he was let go.

The judge requested medical documentation that he could not perform his job duties and proof that the ex filed for lost wages and the hearing was adjourned.  When we returned to court the request was denied for failure to meet the burden of proof.

5 months later ex requested review child support with the court referee which he is entitled to every two years here in Michigan.  I explained what had happened 5 months earlier with the judge and the referee dismissed the review.  

Here is it 3 years later and ex is requesting reduction in child support again and to be allowed to claim our children for tax purposes as there was no order regarding this when we divorced.

According to the Friend Of The Court here in Michigan they generally allow the ncp to claim the children every other year or if there are two children they have the parents share the exemptions.

My income is 3 times higher than the ncp's.  The ncp is only making $6.00 per hour.  I make anywhere from 16-20 per hour.  I have always provided the health insurance as it is free through my place of employment.  

1)  What might I be able to use to convince the referee of the court to allow me the custodial parent to claim the exemptions every year?

2) If the referee of the court gives the ncp the exemption every other year, do you feel I would have a good shot objecting and taking the matter to the judge?

3) Any suggestions appreciated.  

Thank you

Thanks Soc,

I did some calculations on my own and to my knowledge my ex and his wife make approx. 21,000 per year and 8400.00 of that they don't pay taxes on during the year.  Ex's taxable income would be roughly 4900 without claiming the kids and mine would be 55,700.00.  Huge difference.

Between my husband and myself we make roughly 75,000.00 per year.  

I figured it out and with the standard deductions and exemption allowances for everyone, my ex would end up with no tax at all.  My ex's total tax savings by claiming the kids would be 488.00

Mine would be $960.00.  

In addition to this, with the income that they have, the child tax credit that they would be entitled to would not even benefit them at this income level because they wouldn't even have 2000.00 worth of taxes to use the credit towards in which we would.

Well, thanks again and hopefully nothing will change regarding the taxes.

I am the Custodial Parent.  Have claimed the kids every year on taxes except one time signed so that ex could claim the kids.

My ex is requesting court allow him to claim the kids on taxes because he has been paing child support since the time of divorce and hasn't been able to claim them.  

Is it likely he will be able to claim them?  

How do they determine something like that?

Respondent was having children sleep on floor with 2 other females.  His solution to this was to drop the kids off at his parents a half hour away to sleep at nights.  

I do get along with his parents so I don't want to step on toes there.

Thanks for the information.

Our children have not been able to attend extracurricular activities such as sports because my ex will not assist in the transportation of the children on his days of visitation.  During his portion of summer visit son wanted to participate in football practices and he refused to allow it unless I drove wherever they were camping in the state of Michigan to pick son up, take him to practice and then return son to him after practice.  Same with daughters basketball practices over the summer.  Neither child played sports this year.

I have requested assistance with transportation to and from the course on the days that interfere with visitation.

I have also offered several different alternatives in order to accommodate for any make-up time for my ex.

Ex has refused to allow the our kids to attend any extracurricular activities such as the driver's education program unless Plaintiff provides transportation completely. (which I did provide all transportation to and from in addition to dropping our son off at my ex's after drivers ed so that his entire visit wasn't forfeited, as drivers ed is over now).

Our son will be turning sixteen years old in January (??) and has expressed wishes to obtain a part-time job which may pose problems with parenting time in future.

In addition to this, my ex had 16 yr old son and 14 yr old daughter sleeping on bedroom floor with 35 yr old disabled woman and another 16 yr old girl.  Since mentioned this he is now taking our children to his parents house on his overnights, dropping them off there, picking them up sometimes for few hours then dropping them back off at his parents house to sleep.  Daughter is sleeping on couch and son is sleeping in bedroom.  He isn't staying with them.  (I DO get along with his parents, but he is dropping them off there every overnight visit so they have a place to sleep as they can't sleep at his house apparently)


1) Do you feel these are all legitimate grounds to request modification of parenting time?

2) Regarding my ex taking the kids to his parents house to sleep, do you have any suggestions as to how I can address this matter as I believe that the kids can stay at home and sleep just as well as at their grandparents every other weekend and the defendant could pick them up from my home.  (I don't have a problem with his parents, as they have called me on numerous occasions to see the kids)

3) Any suggestions as to how I might address these matters in a motion?

Thanks for your input.  I greatly appreciate it.

FOC said that due to the fact that he objected to the ex parte referring our case to the FOC for report and recommendation that they can't do anything until after the hearing regarding his objection.

Makes no sense to me.

The paperwork says:

I have been served with an ex parte order in this case dated:  October 26, 2005.

I object to the parenting time provisions of that order because:

I wasn't served the ex parte until Nov. 10, 2005.  Currently, there is a specialized order that we have been following since Aug 8, 2000.

If the dispute cannot be resolved by the FOC I request a hearing be held to rescind or modify the ex parte order. (box is checked)

1.  Is the FOC supposed to try and resolve the dispute?

2.  Will we more than likely still end up dealing with the FOC?

What we were trying to do is save time as my understanding is that if I filed a motion for change in parenting time, the judge is more than likely going to refer us to the FOC for a review and recommendation anyway.  

So are you saying that more than likely the matter will still end up in front of the FOC?  

My attorney filed ex parte referring our case to the Friend Of The Court for review and recommendation regarding parenting time.

--regarding transportation/participation in extracurricular activities
--our son and daughter sleeping in same room on floor with two other girls.  (since filed motion ncp has had children sleeping at his parents house every overnight visit)
--visitation when our children have a work schedule as son is going to be 16 in January.

Ex Parte was signed and meeting was scheduled with the Friend Of The Court.

Today the Friend Of The Court called and said the meeting was cancelled as the ncp filed an objection to the ex parte

1.  What is the procedure for this?

2.  Will an objection to our case being referred to the FOC for review and recommendation regarding parenting time issues make the ncp look unreasonable?  We have sent numerous letters to ncp requestion he meet with me/attorney to try and work this matter out without having to involve the courts with no cooperation on his end.

If you have any suggestions would greatly appreciate it.

Thanks in advance.