• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Dropping Child Support

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

cjrus1980

Junior Member
What is the name of your state (only U.S. law)? Michigan

I am dropping child support on my ex. My question is if I drop the support do I still have to file a motion with the foc to change domicle?
My ex is fine with the move and I was going to file a stipulated motion but then was informed by foc that a bench warrent was issued for him. He owes back support but has been continuosly paying for the last year and they still put out a warrent, so now he won't show up for the stipulation in fear of going to jail..
Please help!!!
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? Michigan

I am dropping child support on my ex. My question is if I drop the support do I still have to file a motion with the foc to change domicle?
My ex is fine with the move and I was going to file a stipulated motion but then was informed by foc that a bench warrent was issued for him. He owes back support but has been continuosly paying for the last year and they still put out a warrent, so now he won't show up for the stipulation in fear of going to jail..
Please help!!!
Are you saying that the father of the child/ren is willing to allow you to move the children if you forgive child support arrears?
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Michigan

I am dropping child support on my ex. My question is if I drop the support do I still have to file a motion with the foc to change domicle?
My ex is fine with the move and I was going to file a stipulated motion but then was informed by foc that a bench warrent was issued for him. He owes back support but has been continuosly paying for the last year and they still put out a warrent, so now he won't show up for the stipulation in fear of going to jail..
Please help!!!
One is not related to the other...
 

cjrus1980

Junior Member
Are you saying that the father of the child/ren is willing to allow you to move the children if you forgive child support arrears?
No. I've been considering dropping it for a while now because the system just pisses me off. He finally has a steady job and has been paying consistantly and they still go and issue a warrent for him which in turn he will end up lossing his job over when the put him in jail on that warrent. They never even sent him a show cause hearing.
 

Zigner

Senior Member, Non-Attorney
No. I've been considering dropping it for a while now because the system just pisses me off. He finally has a steady job and has been paying consistantly and they still go and issue a warrent for him which in turn he will end up lossing his job over when the put him in jail on that warrent. They never even sent him a show cause hearing.
In order to move, you have to follow the proper procedures, regardless of the child support status.
 

TinkerBelleLuvr

Senior Member
They can stipulate the change and have it filed with the courts. Your plan needs to include the change in parenting time, along with the child support reduction that will be used to offset the costs that increased due to distance.

And don't let dad fool you - they sent all the notices to the last address on file. You can get a print out from the court house of all the motions etc that were done with your case. Dollar a page.
 

cjrus1980

Junior Member
They can stipulate the change and have it filed with the courts. Your plan needs to include the change in parenting time, along with the child support reduction that will be used to offset the costs that increased due to distance.

And don't let dad fool you - they sent all the notices to the last address on file. You can get a print out from the court house of all the motions etc that were done with your case. Dollar a page.
I've already talked with a lawyer on another case and because parenting time is set as reasonable it doesn't need to be changed. As for the show cause date, the county I'm in allows us to call a number for show cause dates and his last date was in 2009. Also, everytime they send out show causes it not only goes out to the nc parent but the cp as well and I never got one. The only reason I know he has a warrent issued for the case was because I call to get paper work from the foc.
 

TinkerBelleLuvr

Senior Member
I've already talked with a lawyer on another case and because parenting time is set as reasonable it doesn't need to be changed. As for the show cause date, the county I'm in allows us to call a number for show cause dates and his last date was in 2009. Also, everytime they send out show causes it not only goes out to the nc parent but the cp as well and I never got one. The only reason I know he has a warrent issued for the case was because I call to get paper work from the foc.
That bench warrant just sits there. It can be from 2009. It took near 3 years to pick up my X on it. I wondered why I had gotten money.

Again, I suggesting asking for a print out of your case file because it will tell you when that bench warrant was set.
 

cjrus1980

Junior Member
That bench warrant just sits there. It can be from 2009. It took near 3 years to pick up my X on it. I wondered why I had gotten money.

Again, I suggesting asking for a print out of your case file because it will tell you when that bench warrant was set.
He has already served that warrent. This is a new warrent as of 05/01/2012 this date is from the micase site.
 

gam

Senior Member
Are you moving over 100 miles or out of Michigan? If you are doing either, then you need your ex's permission, and the only safe way to do the move, is to have it on court file. That is going to require both of you to show up in court, so the Judge can make sure your both know your rights and agree for you to move. If he has a warrant they can arrest him on the spot.

Your ex can call FOC himself and speak to the caseworker and see if he can get something done about that warrant since he has been working and paying. Fact is he still owes that back support even if he is now paying. If at any time you were on state assistant when he got behind in child support, then you can't just drop that back support. The state wants their money back and they won't let you drop what is owed them.

There is also the option of filing the move away directly with the circuit court yourself and skipping FOC. Now your ex might not show cause of the warrant, and the court could grant the move away on default.
 

cjrus1980

Junior Member
Are you moving over 100 miles or out of Michigan? If you are doing either, then you need your ex's permission, and the only safe way to do the move, is to have it on court file. That is going to require both of you to show up in court, so the Judge can make sure your both know your rights and agree for you to move. If he has a warrant they can arrest him on the spot.

Your ex can call FOC himself and speak to the caseworker and see if he can get something done about that warrant since he has been working and paying. Fact is he still owes that back support even if he is now paying. If at any time you were on state assistant when he got behind in child support, then you can't just drop that back support. The state wants their money back and they won't let you drop what is owed them.

There is also the option of filing the move away directly with the circuit court yourself and skipping FOC. Now your ex might not show cause of the warrant, and the court could grant the move away on default.
So basically even though I'm dropping the support case I still need to file motion to move... Thank you
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top