Child Support Review in Michigan

[MafiaMom]

FACTS:

Initial cs order 14 yrs ago based on NCP's income of over $100k per year.

He refused to pay, got in arrears over $15,000

He has a HORRIBLE history with not showing for court, etc, which landed him in jail for 90 days...8 yrs ago...and yes, since then he's been paing on arrears. He's still $5000 behind.

Thru his creativity and lying to the court, he got cs reduced and it is now based on him making only $12 per hour (has been this amt for past 8 yrs, and I agreed not to include his overtime).

At that last hearing, and all previous, he never brought in the full info asked for (tax returns, etc) - he only brought what would benefit him (a check stub showing a low wage, or a W2 from only 1 job he had that year), or TOLD them what he made.

My cs was reduced because he had a previous cs order, which took precedence over mine. So my cs for the past 8 yrs has been based on his $12/hr less the first cs order.

I have court tomorrow cuz I filed for an increase due to: A). No review in 8 yrs; B). His previous cs order is now void since that child turned 18; C). Due to medical problems, my income has been substantially reduced and is expected to be reduced for at least 2 yrs.

The moment he received the mod papers, he filed for unemployment.

When I go to court, I know he'll just say he's on unemployment, and not bring the proper income info w/him.

QUESTION:
1). Will the court base his cs on his ability to earn, rather than the unemployment he is receiving?

2). Can I ask they write the IRS per IRS code 11.3.32 to obtain his past tax returns?

3). On what grounds can I appeal the decision if they base it on his "word" or on his unemployment?

[socrateaser]

Are you bringing this case on your own motion to the court, or is an agency of the State of Michigan (Child Support Enforcement, Friends of Court, Dept. of Health and Human Services, Dept. of Revenue, or whatever it may be called in Michigan) bringing the case?