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Topics - superdad01

#31
In looking over some of my past court papers.... A FOC recomendation for a petition I filed a couple years ago but decided against pursuing it I come to realise that they gave me 129 overnights per year yet my CS went up $50 a month. I was paying $476/month and they recommended an increase of $50 per month. My reasoning for not following up was every atorney I talked to said it was pointless to go back to court unless she had a job.

If 128 overnights was the line for shared economic responsibility I am now wondering why I was not granted that.

reason I am now asking is basically mom finally has or had a Registered Nurse job and I am basically once again asking for the same amount of time. every other weekend + 3 weeks per year vacation time and every other week in the summer which adds up to 129 overnights.

I know in 2008 the laws changed but am I missing something here?
#32
Father's Issues / Question regarding my petition
Jul 18, 2009, 03:50:34 PM
I am in the process of getting a petition togther for a childsupport re-modification as well as some other issues. We currently have a order in place for child-support and parenting time. That order is now no longer relavant due to the child being in school now and my shift changes as well as both incomes have changed as well. She can now be imputed as a rn vs. minimum wage.

The attorney I have consulted confused me a bit with the petition he drafted. I have looked up salary.com and researched what rn's in my area can make.... He requested she be imputed at $20/hr  vs. the $27-$30/hr I have found..... I also called the hospital she used to work at and found out their nurses start at roughly $27/hr.

Also if the reason for childsupport to make the households equal...... She earns or can earn double what I earn..... So if I am still paying CS our households are in no way equal... Not even close.

The current order granted me daily parenting time (before the child was of school age) having 10-14 days, an when I was avaible I would still get the child on a daily basis. I was forced to go to 2nd shift back in FEB and I have been unable to use my parenting time except for every other weekend. I have been told recently that i will be going back to 1st shift within a couple weeks.

I know Michigan recently changed it's childsupport guidelines to include how much time a parent is spending with the child. It also includes how much money you spend on the child when the child is in your care. I am unsure exactly how this will effect my new order....

So My question is I guess is since I will be returning to first shift, and can once again be avaible for my scheduled parenting time should I have any trouble getting that same schedule or more in my new order?

I do not expect the FOC to imput her income to her maximum potiential... What can I do to make that happen.

I also want her to also provide medical insurance on the child just to avoid any un-insured expenses.

I also want her to provide 50% of the transportation.... (this would also help enforce our first right of refusal) Since she has not been home many times when I dropped her off.

Since I have previously missed so much parenting time I was also asking for 6 weeks in the summer (or every other week)

If missed anything in my petition that was listed in the previous order do I still have it? I want to maintain my 3 weeks of vacation for use at anytime during the year... (she does not want me to use it while child is in school)

My attorney somewhat scoffed at the idea of her paying insurance because we infact cannot prove she is making money and or is working..... He also since we are only 10 mins apart that transportation is no big deal either..... I have been doing the back and forth daily for 6 years..... I am tired of it. 40 mins on the road a day... after a 2hr comute to work daily. Also i feel the benefit is that  if she is not around to pick her up then she is not avaible and the child can stay with me.

I should be asking for everthing I can with the likely hood that I will settle the case before we let a judge have at it..... I should be asking for everthign possible just to be on a better level negotiating...

Any thoughts would be greatly appreciated.
#33
Recently took a $3 pay cut per hour and the FOC told me I qualify for a free re-modification because order has been in place for numerous years. So I'm looking over the paperwork and I am nervous.  Mother is now a certified registered nurse but I believe she can get around it without being imputed at that wage.

I made decent money last year, however this year is much different with my wage cut. They want last years w-2 and paystubs. If they say last 4 paystubs I wonder if I could do a combination of 2 paystubs and 2 week unemployment check which is my current situatution.

I wonder how successful a attorney would be in negotiating childsupport? I know it goes by guidelines but...


Any help would be appreciated.
#34
Father's Issues / Change in circumstance (help)
Apr 02, 2009, 09:46:20 AM
Ok recently I was talking to adam (lawyers) and they mentioned with me being laid off from my job as well as other personal circumstances he thought I would have a good opportunity to get more overnights with child and infact qualify for the shared parenting, with 128 overnights.

When I counsulted another attorney very briefly he told me that the change in circumstance law was very clear that it had to be on the mothers end for any attempt to change custody... He said save your money... My mind was blown

can you get the required number of overnights without changing the title of custody etc. Seems to me all the trouble comes up when the terms joint and sole custody come up. Just leave mother with primary yet I have the child 1/2 the time?

Also I recieved a letter from the school the other day.... MY daughter is missing a ton of school. Mother is playing games and refuses to have a conversation with me about anything. I was hoping this report from the school could be used as ammo to help me.

8 days missed first marking period
4 days missed 2nd period and 2 tardies

The letter I just recieved said my daughter had accumulated 6 unexcused absences this year.... this is the first written warning. School policy is 15 unexcused absences and paperwork is filed with the courts. Also goes to say your child is devolping attendance and work habbits that will now transfer into a chosen occupation in the years ahead.... Geez that kinda sounds like her mom... go figure!!!
#35
Father's Issues / Parenting time specialst rant
Mar 31, 2009, 09:05:32 AM
Just to keep you guys up to date... my indefinate layoff lasted 2 weeks, but I am back to work on 2nd shift... With the exception of not having a job it's about the worst case senerio.... lol Now I can't get my daughter at all, because I am working.... 12 hr days at that. 3pm - 3am. Took a $3 paycut as well... Anyways


I filed a complaint with FOC regarding being denied my first right of refusal and the incompentant parenting time lady says she does not inforce that..... WHAT???
That would be under being denied parenting time which is your job to enforce. I think I need to file a complaint or something. I have had numerous issues with this woman not doing her job.

From changing shifts not being a legitimate change in circumstance to taking 4 months to complete her review to arguing about driving responsibilities.

She did decide with me in one specific case, which amazed me.

I don't know if it is possible to complain and get another parenting time specialist or not.
#36
Father's Issues / OK... Now I am unemployed
Mar 19, 2009, 08:57:40 AM
Got laid off this week. I knew it was comming. Strong possibility I could be back to work next month. but who knows right now.

I called adam (fathers rights attorneys)  to explain my situation over the phone and the attorney seemed to think I have a strong case for getting 50/50 due to my situation.  But at the same time I'm sure he's trying to sell himself as well. I plan on consulting a couple other attorneys as well to see what they say. He said I would probally be using a good 6hrs of time so I need $1200 upfront as a retainer. plus $100 filing fee.

I explained to him that I know how the system works.... then he said you mean how the system does not work... lol

He said even if I would not get 50/50 I would def get a reduction in childsupport.  We BS for a while. I ask him are judges seeing the economic realities of today, he said they have no choice but too.

He also said If I get 50/50 then due to our incomes she would have to pay me... I said I won't hold my breath on that one.  

He also mentioned something about about the changing of the 128 overnight rule.... something about judges looked at shared parenting after father had the 128 well now they look at it before you have 128 overnights or  something like that.

But mom is working. I got proof of her nursing certificate... we'll see what happens
#37
I was just thinking about the stats over the years and honestly it has never been this bad. Our economy is in crisis mode. Are the FOC and the courts going to realise this when your standing in front of them after your divorce? After you lose your job? I wonder if our elected officials are watching the bad economic news nightly on the news. I wonder what steps if any will be taken to help people out during this current crisis.

fathers want to support their children, yet after all the jobs and potiential jobs are being eliminated on a daily basis I wonder how it is going to work out for us all........ I wonder if we will be able to get a reduction after we have lost our job?  Can the judge honestly say jI don't care if you lost your job. You can find another one.   

Since I'm soon to be in this situation, I am wondering...
#38
In my previous thread I had mentioned being laid off from work and etc and now I am being called back to work.

The problem is that my 3rd shift crew has been eliminated and I due to my senority I will be returning to work on  2nd shift instead of 3rd. We will be working four 10 hr days starting at 4pm -2:30am. With our daughter being in school now there would be no avaible time for parenting time like I had before.

This creates many problems for my parenting time schedule as it will now eliminate my weekday parenting time and I would only be avaible for parenting time every other weekend. I'm sure mother will be thrilled, but as far as working togther to come up with a solution I'm sure that will not be possible.

So what should I do. Should I inform FOC of my new times? My schdule has changed before and we just rolled with it, and when the child started school that eliminated some of my parenting time as well. We just let it go, but now I just don't want anything held against me. Any missed time through changes in our schedule has never been this drastic. 

I realise this schedule would not allow me equal time with the child as I would not be their at all. So I don't understand what any benefits of going back to court would be? 

Most importantly if my circumstances should change again (which I am sure they will) I do not want this parenting time missed to be held against me if I inturn lose my job through indefinate layoff (which is almost a sure thing as of now. Mother is famous for saying I just don't show up or I am consistantly late.... Question is how can I cover my ass?

Also I am now registered through TRA... which is a special program for those who lose their job which will pay for us to go to school for 2 years and pay us unemployment for 2 years while we get some type of degree to get back into the workforce.  Since mother is finally working or at least held a job as a registered nurse This would be about the only ideal time to petition the court for shared custody. With me not working I would be ready and avaible for shared parenting (which was not likely with my previous work schedule) and with mother imputed at a reasonable nurses wage and a big cut in my wages through my unemployment compensation I could probally survive finacially.

Sorry for the book.... Hope someone can help me out.
#39
Ok, so my ex finally has or had a job as a registered nurse.

I used salary.com and have an idea of what she makes I guess.  ( lol anything is better then $5.50/hr.)

I don't believe she has worked her new job an entire year. Will they be basing her income off what she made for the year or her hourly wage for 40 hrs a week for the year. Excluding any overtime and or bonuses she would be getting?

I know GUYS who say they impute their w-2's which would include any overtime money in their as well so It kinda confuses me on how they will do it.

Question is how do I get her imputed correctly.

I believe she would make attempts to hide her income best as she can.

Any help would be greatly appreciated.
#40
Father's Issues / Need some ideas fast...
Dec 17, 2008, 10:29:45 AM
Hey guys I got laid off here this week until end of january. I should be going back to work but the way the auto indrustry is right now who knows.

She has primary custody and I have secondary physical  <------ Fancy word for nothing

Anyhow I will be getting unemployment which is much less then I would be making if I were working. Still paying full childsupport but would it be worth it to attempt to get a reduction?

I know by time I get into court I would probally be back to work but who knows right now.

I don't think daughters mom has any interest in going back to court. What could be the chance of negotiating with her to lower the support. We both have some unresolved issues but we have both been sitting on them. (she owes me money from claiming child on my year as well as unpaid medical. )

Anyone have any luck with doing this kinda thing? Any suggestions would be appreciated.

However could I get away with the idea if and when I have no job to go back too? I would be eligible for Nafta which would pay me to go to school for 2 years. I would also have basically unlimited amounts of time to spend with the child. I would also be avaible for overnight parenting time throughout the week. I have a pretty agressive almost daily parenting time schedule. The only thing overnight parenting time would eliminate would be the need to go back and forth on a daily basis.

Daughter also has missed 10 days of school in the last marking period. I know I could make it a point to the court that I could get her to school more.
#41
Ok here is my situation.

I might be losing my job in the new year. I make good money now in general labor and in todays economy it would be nearly impossible for me to find a job making as much as I do now.

Due to the whole Nafta thing and all that we would be eligible for 2 years or paid schooling which I would be paid unemplyment to go to school to get an education to find a better job.

HOwever unemplyment pay is much less that I earn now. It would also give me more avaible time with our daughter and possibly a reason to have overnight parenting time since I would be avaible. (which I was not avaible due to my job in original trial.)

Mother now has a degree to be a registered nurse (a higly paid sought after career) yet for the last 5 years has been unemplyed BY CHOICE.

I know it is up to a judge, but I wonder how a court would look at the idea of being unemplyed BY CHOICE to go to school full-time in order to get a job down the road. I would still be paying support yet no where near the amount that I was paying.
#42
I just got off the phone with unemployment. I have an arrearage of $200 and they took 1/2 my unemplyment to cover it. I got a grand total of like $320 for 2 weeks. I bring more than that home a week. Bullshit!!!

But the chick told me that if you have any arrearage that they can take 50% of your unemployment.
#43
Child Support Issues / Temporary layoff
Jul 10, 2008, 11:16:20 AM
Ok quick and simple.

I have always been up to date on my childsupport. now due to issues within the auto indrustry I am experiencing a temp layoff of 5 weeks. This will surely hurt my pocketbook as I am forced to claim unemployment I will only be taking home 1/2 of my usual bring home pay. of course FOC will want the full amount deducted from Unemployment.

Any thing I can do to  get a partial amount deducted due to my fall in income? I know if I go through the process I will most likely be back to work before I ever get into court. Which would be pointless... Any ideas?
#44
So according to the FOC I have been OVERPAYED for quite some time and when I was recently laid off for a period of 2 weeks no money should have been deducted from my unemployment. The FOC computers automatically generated a income withholding order and sent me a copy.

When I went down to FOC to straighen out the mess They informed me that the problem was fixed and they would send another Income withholding to my employer for a decrease to get my account back to zero overpayment. This took my childsupport from like 114.00 down to 91.00 per week. I am supposed to pay 476 per month. From my understanding when I no longer had the overpayment then my support would be going back to the the origninal order.

Now the ex calls me the other day and asks me if their is a problem at work? She says she is not getting all the childsupport she is supposed too. (Get a job) and to see what's going on. She says the FOC stated that my payroll is taking out the wrong amount.

So did FOC not send another income holding withholder? I dunno. Problem is I don't get out of work early enough to even get down to the foc.
#45
OK here is my issue and I have heard many different asnwers from people and attorneys...

At the beginning of our case we was imputed at my wage and for her minimum wage which was $5.50/hr (prior to this she made $9.00/hr) but I guess this got overlooked.

Mother has been unemployed for the last 4 years and has been in school for nursing. She graduated in december of 2007 and is still unemployed... by choice.

Now since our case has been settled for a while the MI minimum wage has went up to $7.15/hr and of course no change because it is not worth going back to court.

Now that she is graduated from school she can technically get a job working as an RN making $20 plus an hour. That is over 4 times the amount she is currently imputed at, and more then I make as well.

Would I have any luck getting her imputed at the wage she could be making instead of minimum wage? Or does she need to get a job first?

I feel like If I was able to get a job making alot more money then I currently do the judge would be criticizing me up and down for not getting a better job to BETTER provide for my child.

I had someone tell me this...As far as the income thing goes - they won't impute income for a job that she's never held - regardless of whether or not she "could" get the job. If she does get a job with her nursing degree, and holds it for a significant period of time, and then quits - then you might have an argument to impute more income.



#46
Child Support Issues / FOC audit questions
Jul 02, 2007, 03:25:58 PM
i recieved an audit to my case finally and have some questions. Apparently the case worker is out on vacation so I'll post em here.

mother was on aid and when I paid off my balance to zero before court and before I had an actual order in place. Now they stated they would be taking my taxes to cover the arearage (without their knowledge it no longer existed.)

Now when they took my taxes the state became OVERPAID  they then tell me that money was sent to the mother

Now if I am the one paying and causing the overpayment should that money be sent back to me and not the mother?


Also My order stated I pay $114 per week for the child. Previous to the court order I was paying $138 I suppose to cover an arrearage that I did not have... For some reason the FOC don't think I deserve my money back.  What gives?
#47
ok guys quickly I have my daughter 10-14 days. I only have the standard every other weekend for overnights though. I also can claim her every other year on taxes when I am not being screwed out of the right by her mom.

I realise that I do not qualify for the joint economic responsibility between both parties because of the lack of overnights. I currently pay $500/ month when I have her almost daily (as stated in the order.)
I also provide 100% of the transportation and as you can imagine provide dinner nightly for the child etc.

I have a wage of $16.17/hr and she was imputed at minimum wage which at the time I belive was $5.50/hr

My case is in MIchigan

_________________________________________________________

Now a co-worker of mine who makes $16.17 such as myself and has an ex who was imputed at minimum wage, just last week he was ordered to pay $85.00/week

NOw something does not seem right here.


My questions are..

 Would a judge be willing to give me a break on support because of all the excess cost that I have in regards to my daughter being with me as much as she is? food, Gas etc?

For whatever reason the system does not want me to have joint physical custody of the child, even though I do have secondry physical custody of the child... (aparently that means nothing in legal terms.)

I have downloaded the child support caculator and for the life of me I cannot figure out how to use it. If anyone would be willing to help me out with it I would greatly appreciate it.

i am somewhat nervous about bring up a reduction because I am still somewhat fighting for increased parenting time  (overnights) and there main defense is I only want to decrease my childsupport.

I have also been on the recieving unemployment benefits here and there for down weeks (roughly 1-2 weeks per month) at work. I also have this issue in the father's issues forum but it seems that applying for a change in support there would not work because by time I get back to work I'd probally be back to work full time in their eyes.

Help!!!
#48
General Issues / A couple issues here
Aug 21, 2008, 06:11:37 PM
First circumstances has changed since court order.
Child is in school
I work 1st shift instead of 3rd.
I have been shortchanged on parenting time for quite a while.
We both have 1st right of refusal in order.

Now supposedly mom is finally working. (no idea where)
on some occassions mom is not there when I am to drop child off.

I know I probally could keep her, and I probally should keep her but I know it will be a major pain in my ass if I do. Mom is not trying to tell me where she works  or her work hours so I in turn have no idea of when she would be able to have our daughter or not.

Some suggestions would be helpfull
#49
Ok, so in our order it clearly states that both parties have 3 non-consecutive weeks of vacation time with child for use at any time during the year.

When we came to this agreement the child was not school age.

Now the child is in school and the mother says I cannot have her while she is in school. She gives me this bs excuses and I say the order says what it says. The last couple times I just blew her off and forgot about it.

Well I attempted again to get our child for a week during school (because I was off work) and would have been able to take her to school and pick her up... etc.

Mom again says no, and says go ahead and file your complaint... SO I did. I actually typed up a paper stating I was denied and I was avaible to take child to school et. Finally after 5 days they get back to me, and I tell her all the information and what the court order says etc. She puts me on hold and calls mother.

She then told me that mother said I was going to take her on vacation and take her out of school and out of state, etc... I said this is false... "it even says on the complaint I filed in your office that I would be taking her to and from school.  She politely brushed me off as she always does and says well next time it happens.... you guys know the rest.

Does anyone else have this type of foc person that they have to deal with? It seems everytime I have an issue with the mother VIOLATING the court order it is always "NEXT TIME SHE DOES IT CONTACT ME"
#50
How do you get Joint Custody?
This is a question I have asked myself many times over. I'm located in Michigan. I have been in a long drawn out court battle for joint custody over my 5 year old daughter the last couple years. To sum it up quickly, During the initial proceedings after only hearing 1/2 the case The judge told me that me that my best bet was to make an agreement with the other party because I was not gonna like what he said. I feel I had a very solid case. but when you hear that it just makes you give up. Since both parties knew that, basically I was gonna lose they would not agree to anything with the word joint in it. When the order was entered I was working 3rd shift at the time.

I was awarded the label secondary physical custody: ( which I guess is a fancy word for nothing.) I ended up with an agreement of parenting time 10 out of every 14 days. (which is alot of parenting time.) I only had the standard every other weekend overnight visits. 3 weeks vacation time on top of all your standard holidays etc. I also get to claim her every other year for tax purposes. I also pay full childsupport of $500/month. my ex was imputed at minimum wage... lol We was also ordered to split transportation and medical insurance (same school district) The ex has since taken be back to court and paid an attorney to say she did not have a car. I now provide 100% transportation and 100% medical.

I have been employed with the same company for the last 8 years. I own my own home, I make decent money but the Mother has been unemplyed for the last 3 years, cannot support herself and lives with her parents. Some how her having sole custody (so to speak) is in the best interest of the child??? She is currently in school for nursing and should be working by summer. Somehow I doubt it.

I have now moved into a 1st shift position: 5am to 1:30pm. I am being shortchanged 40 hrs per month of parenting time since the last order with no make-up being allowed by mother. I have filed motion for change in parenting time to include overnights which inturn affects the custody label. I have asked for 4 days on 3 days off 2 week schedule. We was refered to the FOC for the parenting time person to make a recomendation. We went in she seemed nice and seemed to identify with my situation. I have been denied visitation, accused of assault, parental allienation, you name it, it's happened. I even managed to make it through the entire meeting without mentioning the words childsupport... I curently go back and forth on a daily basis pick up and drop off to have parenting time with our daughter. My feeling is that the child will benefit much more from more uninterupted parenting time with each parent than to be shipped back and forth on a daily basis. (do I need to prove this?... Common sense don't seem to identify with the court system.) It would also help eliminate the sometimes stressfull situations that have arisen due to our seeing eachother everyday. I am wore out from going back and forth and my daughter is worn out from it as well. She often falls asleep on the way home. I been doing this for the past 2 years. The mother refuses to help with transportation because she claims to not have access to her boyfriends car she drives everyday to her clinicals and every where else, etc.

after 3 months and many phone calls trying to get this lady to do her job I finally get the report back. Denied. Now every lawyer I have spoken with has has told me that the courts want you on 1st shift for any kind of joint custody order to work in your favor. The parenting time specialist Melinda gaither got some of my information wrong in the report such as my work schedule (wrong hours )and other things as well. She said my change in circumstance is not strong enough to warrent a change in overnights. She did however say I could have weekly rotating parenting time in the summer. She also made mention that I would not be avaible to get the child off to school in the mornings since I am on 1st shift. Now if and when mother works she will be most likey 1st shift and she will be in the same situation I am. not there in the mornings. The real kicker she adjusted my childsupport to increase by $40 a month. I technically make less now because I am now paying for my health insurance which I was not before. I have my child on almost a daily basis and I am paying as much as someone who has their kid every other weekend. I could use some advice. I do have an attoney but for some reason evertime we go to court the court seems to bend over backwards for her and the madness continues...

I need some ideas for a plan of attack... any advice would be appreciated.
#51
Ok so I recieved some Dr bills for my daughter. First my ex is not even paying the $10 co-pay for an office visit so they stick me with the bill.

Now I get another bill for blood work etc. totalling like $300 Now in our court order she is supposed to pay a certain amount... I forget the percentage offhand.

When I bring it up to her, she says well you never paid for the babysitter? I'm like what? She said I mailed you the bills.....
In our 5 years of being seperated she has never mailed me one thing.
I said I never got them. So I think she was just trying to bribe me into paying the full thing by my self.

First we have first right of refusal... which she never contacted me if she did use a sitter and second for someone who has not worked in the last 5 years I find it questionable to when someone would need a sitter.  Also the mom and the sitter have a personal relationship so I could see where some lying to attain money be in their benefit.

Anyone have a similar issues with this and how could you fight them in court.
#52
I am so frustrated....  As a father who sees his 6 year old child almost daily I am still having an issue with seperating child and mother. Mother makes it a point to reassure her that she will be back at 8pm.  On the few occasions that mother is not there I have no issues with her behavior. She is calm and happy to see her dad.

On the days that I have to deal with it, our daughter will hide behind mom in the doorway, and rotate around her without letting go. At times I think she thinks it is a game, she will be laughing and giggling, but when she has to let go, that's when the tears will start to fall. Usually after we get on the road and back home she is acting normal again.

Most of the time it is not as extreme as it was today. Their just happened to be a parade happening and our daughter wanted to go, which we had to travel right through their anyways. Our daughter wanted her mom to go and ride with us..... Then she wanted to ride with her mom. Mom said she would drive separate. I had to take time to reassure our daughter that mom was coming and everthing would be all good. I have also made it a point to tell her in a very positive and sensitive way that when she acts in that behavior it really hurts dads feelings, and it is not nice. She seems almost confused, and can't explain why she does it. Especially the fact that there is no reason to act like that.

Once we get to the parking lot mom follows behind. She runs over to her moms car and She acts as if I don't exist. She refuses to hold my hand. While she is holding her mom's. When I reach for her hand she moves to the other side of her mom. This happened a few times. I have never seen it this bad. When I had to take a brief timeout with her to address the behavior in a calm and quiet way the tears start to fall once again. She is pulling and reaching towards her mom.

I am starting to feel like a random stranger in my child's life.

Their has also been 2 times where I had to pick up child in a resturaunt where mom and family were eating and once our daughter sees me she crawls under the table. Once I sit down and I start talking to her everthing calms down she is back to being happy again. This is so embarrassing and makes me feel like a piece of trash. It always manages to happen in front of people.

I realise it is not my daughters fault, but I can't exactly yell at her mom either. It mother always seems to try and confort her and is against her behavior but I can't say I believe that 100% either.

I plan on taking her to a child psychologist. Maybe we can figure out what Is going on here. I'm sure mom will be against it.....

Uhhh , I almost lost it today...
#53
OK, As you all know I have been to hell and back over issues regarding my case for a while. and I have basically come up with a solution but it's a long shot.

I was wondering if anyone else here has attempted to do what I am trying to do and if you succeeded or you know where you failed.

for the last 4 years baby momma has been in school for nursing. She is now graduated and I guess working as a RN.... Hopefully I can figure that out shortly. I've basically givin up on getting Joint custody and I know she would not want to go through the ordeal again as well. Well odviously our support order will change (Prob not by much) as she would be going from imputed $5.50/hr  to $20+ per hour. I inturn make about the same as I did 4 years ago roughly $17.00 per hour.

Now with her work schedule she is not informing when she is working etc which makes her violate our court order and first right of refusal etc. I believe she has a changing schedule weekly. Which could mean I could and would have the child overnight because she would be un-avaible. I also know this because she is often no there when I drop the child off with her grand parents.

I also feel that since she would have such a high income she could no longer say she has no car and I could also fight to have her split transportation since we have close to a daily visitation schedule.  I am also thinking that since she has a varying schedule that the courts might not benefit her the way they did before.

I am proposing for her to just drop childsupport since she no longer needs it to support the child and I inturn can use that money to further spoil my daughter. I am also barely scraping by and will be lucky to have a job by the end of the year but that's another story in itself.

I would simply say that I agree to never take you to court again and basically you can do whatever you want besides move to another state and just give me my outlined days and I will provide all transportation etc. no more hassles and no more problems.

Am I foolish to think this might work? lol
#54
Father's Issues / I need some help!!!
Jul 30, 2008, 07:07:29 AM
OK guys I was wondering if their was an easy way to go about this. My daughter tells me that her mom has a job. I'm guessing as a RN because that is what she is qualified to do. When I picked her up yesterday mom was not there (Ignoring first right of refusal which is another thread alltogther).

Anyways odviously this affects my childsupport greatly. She is imputed at minimum wage. She should be going to $20+/hr I don't think that FOC would give me any info regarding her income or job status. I am sure if the situation were reversed they would find out if I had a higher paying job.

Is their a penalty if mom or dad don't tell FOC of a new job. Or would the info automatically pop-up when they look into their sysytem?

I'm not trying to suponea her to find out if she has a job or not. I know I can't have her imputed and a nurse wage until she actually has a nursing job.

Any help would be appreciated. I am just trying to save myself some aggrivation of dealing with the FOC if I don't have too.
#55
OK guys I was wondering if their was an easy way to go about this. My daughter tells me that her mom has a job. I'm guessing as a RN because that is what she is qualified to do. When I picked her up yesterday mom was not there (Ignoring first right of refusal which is another thread alltogther).

Anyways odviously this affects my childsupport greatly. She is imputed at minimum wage. She should be going to $20+/hr I don't think that FOC would give me any info regarding her income or job status. I am sure if the situation were reversed they would find out if I had a higher paying job.

Is their a penalty if mom or dad don't tell FOC of a new job. Or would the info automatically pop-up when they look into their sysytem?

I'm not trying to suponea her to find out if she has a job or not. I know I can't have her imputed and a nurse wage until she actually has a nursing job.

Any help would be appreciated. I am just trying to save myself some aggrivation of dealing with the FOC if I don't have too.
#56
Hey guys I am just wondering about how I should go about asking for a retainer fee back for an attorney I will not be using to further my case?

I've come to realise after talking to several attorneys that I don't have a chance pretty much to get what i want... At least not now. As with my last thread "issues" I have come to the conclusion that I am screwed regarding making my pick-up time or not. My last attorney consult said to not contact the foc and ask them to interviene since they would most likely go by the foc guidelines. (which would not benefit me) Also asking for more parenting time when i could not meet my times now would also most likely result in a worse situation for me.

I have gotten to the point of getting myself emotionally ready of not seeing my daughter daily. It's been hard but it is what it is.

After I gave this attorney money I had some troubles contacting her and she did not return corspondance for quite sometime. I had to resort to telling her I was filling a complaint then she finally called me. I posted on here about the situation as well. So should I just ask for a complete itemized bill.

In total I gave her $800
What i got was a proposed order and a 20 minute courtdate.
#57
Father's Issues / Issues...
Apr 15, 2008, 06:41:44 PM
OK if any of you have been following my on-going saga regarding my case I got some questions. I was wondering if anyone could help.

We have court order which has selected times for my parenting time. I have considerable parenting time with the child and am still attempting to get full joint physical custody.

Our schedules have changed considerably since the last court order. Child started school and I changed work shifts from 3rd to 1st. (to accomendate overnight parenting time weekly.)

In Dec 07 my shift time changed from 5am-1:30pm to 7am -330pm. I used to get my daughter daily at 4pm but due to my new work schedule I can now attempt to get her at 5pm.

I had aggreement with mother and recently have been working a bit of overtime, which has made me miss quite a few of my daily parenting times. I always call and let mother know what is going on.

Now Mom is pissed and says if I cannot be their by 5pm don't bother showing up. Now I can understand her frustration but at the same time the situation is out of my control. Overtime is mandatory. My daughter is missing out on quality time with her father whether it be 4hrs or 1hr.

I don't know exactly how to address this situation because the bottom line is I am not avaible for my scheduled parenting time, and at the same time she is denying my time that I could have with the child.

I have printed up letter to send to the FOC explaining the situation and my desire for it to not be held against me with my ongoing custody battle. I will also be putting a copy in my court file so I have something on record, so she just can't say I quit showing up.
#58
Father's Issues / Here's where I'm at...Help
Mar 17, 2008, 06:34:23 PM
OK, first and formost I have secondary joint physical custody...? of our child age 6

We live in same town and same school district. We live aprox 10mins apart.

I have parenting time with child 10-14 days every 2 weeks and the standard every other weekend. I do not have enough overnights to qualify for the joint economic responsibility.

Recently I have not been able to take advantage of all my parenting time due to being forced to work over so I have missed quite a few of the days I was supposed to pick her up lately. I have been debating on filing a paper with the court to let them know the situation and get something on record.

Mother has been unemployed for the last 4 years and has been in school for nursing. She graduated in december of 2007 and is still unemployed.

She was imputed at minimum wage of $5.50/hr when order was filed and MI minimum wage has went up to $7.00+ She is technically ABLE once she gets a job to make $20 PLUS AN HOUR.

If I was to take this back to court, any chance I could.....
Get her imputed at new amount she would be able to earn?
Get a 50/50 split on parenting time?
#59
Hi,

 I got a quick question. Child's mother has been UNEMPLOYED for the last 4 yrs by choice. I have supported the Child's needs 100%  it would seem since she has no income.

Well now she is graduated from school and can beginning working as  RN. She is also engaged to Victim #2 and could possible be pregnant again. I don't think she is in any rush to get into the workforce. Sice she is CAPABLE of making more money are courts ever likely to take that into consideration when making or adjusting a childsupport order?

We basically share custody now because I have daily court ordered parenting time, but due to new working hours my avaible parenting time is slowly withering away.

Does anyone have any experience with fighting the fact that the other parent is certified to have a much higher income that minimum wage, in order to get the childsupport adjusted?

I am still fighting for full joint physical custody and overnights but in my experience you just can't win against a Unemployed mother.
#60
Hey I will be changing schedules next week at work. I was previously worked a 5am -130pm. Now the company informed us that we will be working 7am-330pm.

when my order was set I was working 3rd shift and child was not yet school age. I got her everyday in the morning.

When I changed shifts to 1st shift (to attempt to get overnights), I was refused and was shortchanged on my parenting time with the child by 40hrs per month. The foc determined that my change in shift did not qualify as a change in circumstance. NO idea on what a judge woiuld have thought.

We have nearly a daily parenting time schedule. So the court would notice that I am an involved father.

As with my current schedule I get our daugther nearly everday just not as early as I used to.

With my new schedule I would be reduced in parenting time even further and if I happen to work overtime which has been very consistant it will run me over, for example: 7am -5pm or 7pm. This would eliminate my parenting time for the day with our child.

I am looking for any advice regarding presenting an agreement with mother looking to continue consistent parenting time etc. I know she will fight overnights but there might be no other choice.

Does anyone think I would have good luck presenting this to a court and asking for overnights simply because my parenting time has been eliminated further and more quality parenting time could be achieved by retaining overnights.

Please forgive my writing. I am very exausted. Looking for answers.