motion screening

[antonin]

My decree states as follows:

"It is further ordered and adjudged that should parenting time with the minor child be modified to provide for the child to reside with each party for alternating one week
Intervals as provided in this Judgment of Divorce when both Plaintiff and Defendant reside in the XXXXX area with each party having equal parenting time, then for a period of three years beginning with entry of this judgment, defendant's child support obligation shall be reduced to not less than $200.00 per week or 80% of the Friend of the Court Guidelines amount as calculated based upon Defendant's income and sole physical custody to Plaintiff, whichever child support amount is greater, however, Defendant's child support obligation shall not be reduced to less than 2000.00 per week during the three year period beginning with entry of this Judgment."

Okay..so i moved to the area where my child is in Sept. and have been doing the 50/50 thing since then.

I went to FOC and they gave me a "PRACIPE FOR FOC REFEREE MOTION SCREENING,"

What is this? There is no place to write the motion on the form, only a place for "Motion Title." Do i write the motion seperately and attach to form?

How would I word a motion to effectuate the decree provision, above?

[joni]

I have never heard of that.  I searched and couldn't find anything.  Why don't you email [email protected] and ask them?

You have 50% physical custody and have to still pay over $800 per month in child support?

[antonin]

Here's my story--do not know if I will ever recover before I die

Ex snatched my daughter Sept. 01. Loots house. Takes all possessions. Moved 65 miles away to ex's father's. Ex filed ex parte for sole custody and EOW. Child support of 246.00 a week and temp custody to mother.
I filed for custody.
Wife enrolled herself and daughter (6 years old at the time) in a women's shelter after filing.
Ex claimed I was physically abusive to daughter and herself.
FOC investigator recommended 50/50 placement.
Mother refuses to move back to area where daughter grew up and where I lived and worked. Stipulated agreement gave me 18 months to move 65 miles to within 20 mi of ex's residence to implement 50/50. I took all bills, including ex's 64,000.00 student loan, her credit cards (20,000, my loans and credit cards (60,000) , 246.00 a week CS,( for 3 years, child support is calculated as though mother had sole custody, regardless of father's parenting time with child), 200.00 a week alimony (for 3 years), and paid 665.00 a month for ex's truck and car insurance. I put house on market April 03. Purchase agreement signed. House deal goes bad in Sept 03. (Buyers do not qualify and I find out 1 day before I am scheduled to move). The choice is between my daughter and a measure of financial stability. I choose my daughter. I move to apt. in child's area. I begin 50/50 custody Fall 03 and drive 130 mi. RT to work each day. I file bankruptcy. My house is repossessed. I sell house during redemption period. Loose all my equity. I do not have enough to pay off ex's bills as per decree. After the ex was awarded 2600.00 a month in alimony, CS, etc. etc., I was short way over 2000.00 a month for basic living expenses as in rent, food, and gas. I managed for a while by getting instant loans at those check cashing places and paying them 440.00 a month in interest charges. My take home pay is 5000.00 a month net (5000-2600 to mother=2400-1500 a month joint credit debt=900-700.00 for mother's student loan payment=-200-1000.00 a month rent=-1200.00-500.00 gas=-1700.00,etc. etc.)
If you examine the details of the above, you can deduce that this financial ruin is a direct result of the mother's actions: using the court system to legally kidnap my daughter and move her 65 miles away and using daughter as a cash cow to enable the mother's own support. The mother still does not work! You will also see that I paid a great financial price to be with my daughter, but I'd do it again the same way if I had to. My expenses for my daughter are over 1000.00 a month. I am essentially paying child support twice, since CS is calculated as though mother had sole custody and does not account for 50/50. Additionally, I have 500.00 a month gasoline expenses commuting 130 RT to work each day. I will be paying on ex's student loan (not dischargeable in bankruptcy) until I die and beyond. I am 54 years old. My daughter is 8. My retirement is ruined. My house is gone: it would've been paid off in 9 years and I would have had a place to live in my old age. The reason I agreed to this was that I knew I would get the 50/50 if I did. I allowed it to happen because I had a lousy lawyer and could not change because of finances. I thought best to give ex the money, get the 50/50 agreement rather than fight this thing for 5 years and let time slip away. I am 54 years old: my daughter is 8: I will not have the luxury of being around as long as younger parents.  
Okay.
 Since there was not enough money to pay off ex's debts from the sale of the house as stated in the decree. (I had to sell it fast (before redemption period expired) at 20,000.00 below market value. I had my bankruptcy attorney draw up a document (which she signed) that negated the provision that her debts be paid before the house could be transfered. The document also stated that the house sale funds would be placed in the attorney's escrow account and he would use the money to negotiate payment of her debts with her creditors. I think he will be able to settle with them.
 

[joni]

It gave me chills reading your story to see how closely it resembles what happened to my husband.  the only thing that saved us is that I "had" a condo.  My life savings are gone at 43, I'm poorer than I was when I got out of college.  If I hadn't done that, we also would have been $2500 a month in the hole.  He also got stuck with all her debt, the joint marital debt and her atty fees.  We live paycheck to paycheck.

We live in Chicago.  His Ex also left Chicago to move Detroit and denied visitation to him for 14 months, claiming domestic violence.  After that, my DH had to travel to Detroit once a week to see his child supervised for 1 1/2 hours for 18 months.

The wonderful Judge Pezzetti of Oakland County allowed his ex to move from Detroit to Rochester, NY because his Ex claimed she was bankrupt from the marriage.   His Ex has cash flow in excess of $100,000 a year between her job, child support, bogus child care she pays her mom, alimony and property settlement.   The judge totally disregarded the divorce decree the same judge signed just 9 months earlier that awarded her all of this money.  How short term their memories are...evidence, facts and proof mean nothing in family court when you're a noncustodial father.

Did you have the same crappy lawyer that we did?

We spend $1000 a month in airfare to see his child two weekends.  So far so good...the Ex hasn't cooked a scheme to sabotage that....yet.  Thank God for credit cards.

I'm sorry to hear about your situation.  My heart truly aches for you.  I know your kids know what a great dad you are and the older they get they will only understand and embrace everything that you gave up for them.  

It's the same hope and dream I have for our situation.

[antonin]

I am sorry to hear you are in a similiar mess.

My lawyer's name was William Ellenstein, from Eastpointe. You do not have to tell me your lawyer's name...I just hope to God it wasn't this guy! He was awful. He just let it all happen. There were certain strategies that I pointed out to him early in the game...he ignored everything. He was merely a 5000.00 clerk.

I have heard very bad things about Okland County....refered to as the "alimony and child support capital of the world."

I know my ordeal is not over.  Ex's alimony stops Jan. 06. The 3 year lock in stops on the CS then too. She was suppossed to finish school. She is not. She will have no money. I fully expect her to file for custody and start up again around that time.

I have located an attorney in Okemos. He has had several good references on SPARC. he is a member of ADAM. I know ADAM has a bad rap. The problem is the Southfield office run by Michael hoffman...he's a crook. Adam is basically a franchise...so it's possible for a good lawyer to have the ADAM moniker. I am in Livingston County and Bailey has argued and won many a custody case for dads in front of my judge, a women who prefers 50/50 custody.

[joni]

Here's our current attorney.  Expensive but worth it.  Unfortunately, alot of damage our first attorney did, Merrill Gordon, cannot be undone.

Our current attorney is Michael Robbins.  He use to head the family court division for the Michigan bar.  He's in Bloomfield Hills.  Nice guy, tough, doesn't take $hit from anyone.

http://www.michaelarobbins.com/

[antonin]

Looks good. Read his stuff.