Paying Child Support Directly to Ex-Spouse vs. FOTC

[jjski01]

since my divorce in 1995, i have been paying my ex-wife child support directly each month. The amount i pay is what we agreed upon during the divorce process. while she has not opted to increase the amount, she recently got a court order for me to pay support through the friend of the court. she thought this would make things better for everyone, but this has been a hassle for the both of us. My ex does not like going through the FOTC because now she receives her money late every month.

she wants to put a stop to the FOTC's involvement in the child support payments, and go back to having me pay her directly each month. is it possible to do this now that a court order exists stating i must pay through the friend of the court? we live in michigan and i am very unfamiliar with the FOTC system. thank you.

 

[I AM ALWAYS LIABLE]

My response:

Well, something happened to cause your ex-wife to go this route. So, it's unlikely the court will change its order. The two of you can file a jointly signed Motion with the court, arguing that you like to stop the FOTC direct payments giving all your reasons; however, courts are reticent to stop FOTC payments because using that method keeps people out of the courtrooms when it comes to Orders to Show Cause for failures to make payments.

But, you can try. If you don't try, you'll never know. It's so easy to get the FOTC involved - - but it's extremely difficult to untie that knot once made.

Good luck.

IAAL

 

[YeahRight999]

Im from Michigan too, sort of (see my post Out Of State Hearing for details) and went through the same thing.

FOC stated that because she had recieved state aid in the past we couldnt sever the FOC involvment. I dont know if this is true or not, as they have in the past been less than honest with us.
My ex also recieves her money late, some times a week or so, sometimes two payment come within a few days of each other.

Best of luck to you in this though. Keep us updated on your progess... mabye I'll try again too!

 

[jjski01]

Thanks for the input everyone. Actually the FOTC told me that the court order was initiated because my ex has received state aid in the past (my ex told me a different story - something about hassles with her bank...).

I've only been dealing with the FOTC now since early November, and it's been less than pleasant. Any calls I've placed to them have only been to find out when my payroll deductions would start and when I should stop sending payment by mail. They treat me as if I'm a loser just because I'm a man, and it appears they automatically think I'm calling to avoid making my payment. All I am trying to do is pay like I'm supposed to, as I have since day one!

Anway, my ex is the one that wants to get the FOTC out of the loop, since she got her first taste of a late payment last week. She realized that calling and yelling at the FOTC will get her nowhere, yet with payroll deductions it is out of my hand as well.

I personally think that people should have the right to deal with these issues without the FOTC's involvement if they so choose, especially if both parties are agreeable. But the more I read through these message boards, I can see it is more common for people to want 3rd party assitance.

Thanks again. My ex says she's supposed to visit the FOTC today and tell them she wants the court order "stopped", but as you've all said, I'm sure it's much more complicated than that. If we are eventually successful, I'll post the details of the outcome.