Child support raised!!!

[Jesse Johnston]

What is the name of your state (only U.S. law)? MI --- My child support was reviewed today in Emmet County, MI today and my child support was raised. I tried to explain to the judge the situation I am in and he was not interested in hearing what i had to say. The formula they use to for the child support order doesn't take into the consideration that my wife is ill for 5 years now. We are getting help through the state to pay for medical, but allot of things aren't covered and are paid out of pocket. I also have a 9 year old daughter that lives with me and my wife and I am the only income we have. I also have another child support case in Cheboygan County and that also isn't taken into consideration. I realize I made bad mistakes when I was younger and i am not against helping support my children. But there comes a point when it is just to much. So now i can not afford to live. Is there no law preventing this?

 

[TinkerBelleLuvr]

If you are current on your other child support order, then was the information presented to FOC when doing the calculations?

 

[WittyUserName]

What is the name of your state (only U.S. law)? MI --- My child support was reviewed today in Emmet County, MI today and my child support was raised. I tried to explain to the judge the situation I am in and he was not interested in hearing what i had to say. The formula they use to for the child support order doesn't take into the consideration that my wife is ill for 5 years now. We are getting help through the state to pay for medical, but allot of things aren't covered and are paid out of pocket. I also have a 9 year old daughter that lives with me and my wife and I am the only income we have. I also have another child support case in Cheboygan County and that also isn't taken into consideration. I realize I made bad mistakes when I was younger and i am not against helping support my children. But there comes a point when it is just to much. So now i can not afford to live. Is there no law preventing this?

No, obviously. The judge doesn't make up those numbers. Based on the bolded, are you in arrears?

 

[CSO286]

What is the name of your state (only U.S. law)? MI --- My child support was reviewed today in Emmet County, MI today and my child support was raised. I tried to explain to the judge the situation I am in and he was not interested in hearing what i had to say. The formula they use to for the child support order doesn't take into the consideration that my wife is ill for 5 years now. We are getting help through the state to pay for medical, but allot of things aren't covered and are paid out of pocket. I also have a 9 year old daughter that lives with me and my wife and I am the only income we have. I also have another child support case in Cheboygan County and that also isn't taken into consideration. I realize I made bad mistakes when I was younger and i am not against helping support my children. But there comes a point when it is just to much. So now i can not afford to live. Is there no law preventing this?

Look here: Michigan Child Support Formula


This is where they tell you what is considered when calculationg the support obligation and how they figure it out.

The courts generally don't take into consideration the facts the you've increased the size of your family (by marriage or haivng more children). Why? Because those choices are voluntary, and if you are unable to meet the obligations to your initial child(ren), then you really shouldn't be creating additional obilgations that you can't meet.

 

[TinkerBelleLuvr]

My X landed up having a child support order IGNORED because he refused to pay it. The courts felt that if HE could ignore it, so could they He needs to ask FOC how they got to the calculations. If you are within the 21 days, you can file a de novo review if you do not agree with the referee's decision.

 

[nextwife]

My X landed up having a child support order IGNORED because he refused to pay it. The courts felt that if HE could ignore it, so could they .

So the other child is not entitled to their proportionate share of dad's income, according to this court, because the father didn't pay it?

That makes no sense.

Sounds like punishing the child by allocating them a smaller proportion of dad's income than what they should be entitled to recieve. I don't get how the failures of the payor should be allowed to impact the beneficiary of the CS, as to their proportionate allocation?

 

[TinkerBelleLuvr]

My X did NOT get to use the child support that was court ordered for me in his other case because he refused to pay it to me. Therefore, since he wasn't paying it, he got no CREDIT for it.

In this case, the OP feels that he got no credit for his other child support order. My question is: are you paying on it? If so, he can review the numbers. If it was NOT used, he can request a de novo review within 21 days of the referee's order.

 

[CSO286]

My X did NOT get to use the child support that was court ordered for me in his other case because he refused to pay it to me. Therefore, since he wasn't paying it, he got no CREDIT for it.

In this case, the OP feels that he got no credit for his other child support order. My question is: are you paying on it? If so, he can review the numbers. If it was NOT used, he can request a de novo review within 21 days of the referee's order.

I didn't getit for a bit either, unitl I read Tink's clarifying post.

I like that.
Wish our magistrate would use that......