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mshelly

Junior Member
What is the name of your state?Michigan

This past March me ex and I took our child support case out of the friend of the court. I asked him for extra money in August and he did not give it to me so I filed a motion to re-enstate our case. On Nov 15th the case was re-stated effective Dec 1st in the amount that it was in March. Which was $200 per month. It was so low because we agreed on his visitation ect. Now he is refusing to see his boys and has not paid a penny to the friend of the court. I know I have to wait until Jan for a show cause hearing. He claims that he only made $10,000 last year. He is paid cash from a company he works for. So the income withhoding order that is inplace does nothing. However, he owns a partnership that does auto repair and sales. His partner owns his own company that my ex does business with as well. His wife is employeed full time. He bought his home on a land contract and he has 3 vehicles and an ATV in his possestion. How do I go about sapenaing hid personal financial info? Can I sapena all the companies he makes money from? Will the Friend of the Court count his wifes income in determing his payment amount?
 


mshelly said:
What is the name of your state?Michigan

This past March me ex and I took our child support case out of the friend of the court. I asked him for extra money in August and he did not give it to me so I filed a motion to re-enstate our case. On Nov 15th the case was re-stated effective Dec 1st in the amount that it was in March. Which was $200 per month. It was so low because we agreed on his visitation ect. Now he is refusing to see his boys and has not paid a penny to the friend of the court. I know I have to wait until Jan for a show cause hearing. He claims that he only made $10,000 last year. He is paid cash from a company he works for. So the income withhoding order that is inplace does nothing. However, he owns a partnership that does auto repair and sales. His partner owns his own company that my ex does business with as well. His wife is employeed full time. He bought his home on a land contract and he has 3 vehicles and an ATV in his possestion. How do I go about sapenaing hid personal financial info? Can I sapena all the companies he makes money from? Will the Friend of the Court count his wifes income in determing his payment amount?
You settled for 200. Now that he has all these things you decide you want more? Hmmmm...You cannot force him to be a father and see his children. Visitation and support are two different things. Why should his wife have to pay for YOUR child.....isnt that your responsibility? I bet when it comes to anything else that has to do with your children you would tell her to butt out!
 

mshelly

Junior Member
Actually She was watching my kids while I went to night classes in college thats why his support was so low. Our agreement was that he would pay 50% of any sporting activities the kids would join. Above his $200 a month. Since she is no longer watching the boys and he decided he didnt need to pay for anything extra our kids wanted I took him back to court. Our children our 90% my responsibility because they live with me. If he did not want to be bothered with seeing them or paying for them he should have walked away along time ago.
 

tinowoman1

Junior Member
Im not a laywer but I was in a similar custody case. I think you can ask for a copy of his tax return(to determine his real income). Also the court will NOT consider his wifes income. Another thing you can do is not do or say anything until he gets way behind(in va. its $1500.00) and send him to jail. :) I know that really wont help as far as support but we wont get to enjoy the things he's got.Or the court could order him to sell the things to pay for back support, but first find out if the things are in his name or hers. Hope this helps. Another thing I done was supena my exs work records from were he worked.They have to report to the IRS too)
 
mshelly said:
Actually She was watching my kids while I went to night classes in college thats why his support was so low. Our agreement was that he would pay 50% of any sporting activities the kids would join. Above his $200 a month. Since she is no longer watching the boys and he decided he didnt need to pay for anything extra our kids wanted I took him back to court. Our children our 90% my responsibility because they live with me. If he did not want to be bothered with seeing them or paying for them he should have walked away along time ago.
In another post you said you were asking for another 200 per month, which would make his support 500 a month...so he is supposed to pay 300 right? well you just said he paid 200 a month. How much support DOES he pay. You cant get an increase everytime you see fit, like when they are no longer babysitting for you. Technically, unless its in your divorce/support agreement that he pay for extras like sports you CANNOT make him. yes it would be the right thing to do, but that doesnt mean he has to.Even if he walked away at any point he would still legally have to pay support.Thats the law. Your so upset that he doesnt see them, yet you say, "He should have walked away a long time ago." Thats very thoughtful.
 

mshelly

Junior Member
It was in the court as $200 per month. We took it out of the and he paid $300 per month. When I filed a motion I asked for $500. per month. That would include 50% of day care since I have a full time job, and 50% of medical expenses. When I got divorced the court ordered him to pay $600 per month. I was the one who decided the money was not that important, and since his wife watched the kids one day a week I would lower the amount. At one point in time he owed me $4500 in back support. I dropped half of it because he paid it directly to me. He went to jail once 4 years ago for nonpayment. This is the first time since our divorce that I have increased his support. You make it seem like I'm just out for his money. If I was I would have never let his wife watch my kids and I wouldn't have lowered his support. He was seeing his kids every other weekend until Oct.
 
mshelly said:
It was in the court as $200 per month. We took it out of the and he paid $300 per month. When I filed a motion I asked for $500. per month. That would include 50% of day care since I have a full time job, and 50% of medical expenses. When I got divorced the court ordered him to pay $600 per month. I was the one who decided the money was not that important, and since his wife watched the kids one day a week I would lower the amount. At one point in time he owed me $4500 in back support. I dropped half of it because he paid it directly to me. He went to jail once 4 years ago for nonpayment. This is the first time since our divorce that I have increased his support. You make it seem like I'm just out for his money. If I was I would have never let his wife watch my kids and I wouldn't have lowered his support. He was seeing his kids every other weekend until Oct.
if the money is not important why are you trying to increase the amount of MONEY he gives you.Im not trying to make it seem like your out for money...You are. You make it seem like because your not getting your way, you should punish him with child support.You cant use child support as a way to get him to see his children. Plain and simple.
 

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