Foc Memo ??

[true]

Hi there,

I received this letter after questioning the stoppage and reduction in child support. I actually believe that the amounts stated in the "Memo" are incorrect and higher.

Memo from Michigan FOC

To Parent A
Parent B

From: Account Supervisor

RE: Divorce case #-----------

Memo: Child support has been reinstated for both children effective August 19, 2004. At this time, there is an arrearage of $1035.38 owed for child support.

Review of the file also indicates that the system incorrectly split the childcare amount between the children. The Friend of the Court stated that pursuant to the Judgment of Divorce dated 10-19-94 that childcare is $34.33 per week ($149.34 per month) for 2 OR 1 child. The portion previously charged for (child A) stopped 4-20-1994 but the full amount should have continued to be charged for (child B). The corrected childcare arrearages owed as of today is $465.36.

I checked with the Friend of the Court on the process to have your child support reviewed. He indicated that I cannot initiate it, but as it has been almost 10 years since child support issues have been reviewed that either of you can make a written request to this office requesting a review.

No signature.

In speaking with the Account Supervisor, he admits there are mistakes in the child support and obviously there are arrearages. He stated that the FOC would order 1% to be paid back. No wonder arrearages exist. Do they forget that the monies not paid created difficulties in paying for regularly everyday needs for the children? It would seem to me that since the FOC is the one that created this error they should pay the amount and collect from Parent B or is that asking them to admit the mistake?

Since they stated that child support was reinstated I took a chance and called the Child Support 1800 line. Hmm the order has changed from $17.16 to $34.33 with a check supposedly having been sent on October 13, 2004. (No Check Yet). Therefore, they have reinstated the Child Care one could assume. The child support amounted stated in arrears on the phone was $239.99. I do not know where that figure comes from. All that tells me is that they still have not corrected the matter.

This has been ten years of "Moron baloney" from the FOC. I have not asked for an increase in child support in that time even though Parent B has an obligation assist financially towards child support. By asking for a raise in the amount, all it would do is cause Parent B to increase his rudeness and take it out on the children. At this point expenses are increasing but the FOC child support is not there to help offset the expenses.

I am so frustrated with these people. Instead of a FOC check today, I received a correspondence/notice sent by the FOC to my employer requesting that I provide medical insurance for my children. Gee, I always have provided insurance and opted to take out the higher costing dental and optical. Not that the ex partakes in assisting in paying the out of pocket expenses.

I realise that I have to respond to the "memo" as it is. According to the account supervisor our FOC account is messed up and needs to be looked at. One would think that would be enough information for the FOC to open the account find and fix the errors? Yet, the person in charge of our divorce agreement states its not why would that be?

Do I send a letter to the ex and FOC suggesting that perhaps the ex would be willing to pay for the Christmas flights? (I doubt that the ex would but it would offset this amount). If the ex were to agree to this at least financially we could tread water until this mess is sorted through. I certainly can't imagine the FOC department being able to fix their mistakes until the snow melts this year and it hasnt snowed yet.

Also, one would think that a "review" of some sort by the FOC at least occasionally would make sense. ( Or is that too much work for them, it certainly would allow the FOC employees to defraud the FOC very easily).

Any suggestions/comments would be most welcomed.
Thanks in advance,
true

[socrateaser]

1. Do they forget that the
>monies not paid created difficulties in paying for regularly
>everyday needs for the children?

Child support enforcement personnel aren't paid to care about your difficulties. They are paid to collect as much child support money as possible in order to maximize federal matching funds coming to the State.

2. It would seem to me that
>since the FOC is the one that created this error they should
>pay the amount and collect from Parent B or is that asking
>them to admit the mistake?

If FOC has a duty of care regarding the accurate collection of child support owed to you, and they breach that duty by failing to accurately collect, and that breach is the actual and proximate cause of harm to you, and you actually suffer damages as a consequence, then that would be a prima facie case of negligence, for which you can sue in civil court and collect damages from FOC.

Ordinarily, support obligees go after the easier target, however, that being the support obligor. Either way, it is your responsibility to advance your legal rights -- if you do nothing, then nothing will happen.


3. >Since they stated that child support was reinstated I took a
>chance and called the Child Support 1800 line. Hmm the order
>has changed from $17.16 to $34.33 with a check supposedly
>having been sent on October 13, 2004. (No Check Yet).
>Therefore, they have reinstated the Child Care one could
>assume. The child support amounted stated in arrears on the
>phone was $239.99. I do not know where that figure comes from.
>All that tells me is that they still have not corrected the
>matter.

I don't know. I never assume. I get facts and then act based upon them. Make a recording of the recording, as a comparison between it and the letter you received may be evidence of negligence on the part of the State, in handling its responsibilities with regard to your account.

>
4. >This has been ten years of "Moron baloney" from the FOC.

You're breaking the rules of this forum. I do not permit the denegration of ANYONE here. If you repeat this behaviour in the future, I will delete your post without comment.

5. >I have not asked for an increase in child support in that time
>even though Parent B has an obligation assist financially
>towards child support. By asking for a raise in the amount,
>all it would do is cause Parent B to increase his rudeness and
>take it out on the children. At this point expenses are
>increasing but the FOC child support is not there to help
>offset the expenses.

Stop complaining about how the world is conspiring against you, and take action to advance your legal rights. If you're entitled to more money,go after it -- or stop complaining and move on with your life.


6. >I am so frustrated with these people. Instead of a FOC check
>today, I received a correspondence/notice sent by the FOC to
>my employer requesting that I provide medical insurance for my
>children. Gee, I always have provided insurance and opted to
>take out the higher costing dental and optical. Not that the
>ex partakes in assisting in paying the out of pocket expenses.

FOC must enforce the existing court orders, regardless of whom they operate in favor of, or against. Once again, if you don't like it, file a motion to modify your support order.

7. >I realise that I have to respond to the "memo" as it is.
>According to the account supervisor our FOC account is messed
>up and needs to be looked at. One would think that would be
>enough information for the FOC to open the account find and
>fix the errors? Yet, the person in charge of our divorce
>agreement states its not why would that be?

The letter is suggesting that you request a review. The State has no lawful authority to do this on its own motion. You must file a formal request or nothing will happen.


8. >Do I send a letter to the ex and FOC suggesting that perhaps
>the ex would be willing to pay for the Christmas flights?

See #7, above.


8. >Also, one would think that a "review" of some sort by the FOC
>at least occasionally would make sense. ( Or is that too much
>work for them, it certainly would allow the FOC employees to
>defraud the FOC very easily).

Nice vent -- however, this is not a radio talk show, where people call up to vent and argue with a host, who gets paid to make the phone ring and stir up controversy, even though it actually achieves nothing in the real world, other than to increase revenues to the radio station.

In this forum I receive $0, for free legal aid, and my only gratification is that during the past 4 years of doing this, only one poster has managed to so ignore my advise as to actually lose a case that I considered to be a slam dunk.

So, I strongly suggest that you cease whining about how the world is your enemy, because it is a profound waste of energy, and, insteasd, I recommend that you either file for a review of your existing support orders with FOC, or hire an attorney and file a motion to modify.

Lastly, if you post here again, make sure that you NUMBER your questions, or I won't respond. Thanks in advance for your cooperation. Good job presenting the facts, though.

[twosilly]

When reading this it seems frustration is clear.
It sounds like there is no more money for legal advice or help.
1) Is there a place in a state that a person can get free help?
2) As the CP is out of state, can the case be moved to the kids?

Just a thought,
Good luck true !
twosilly