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redoing child support

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BSCOASTIE

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

Right now I pay $704 a month and completely cover all medical costs for my one son. My ex (never married) was making zero dollars when this was established. She had a job for a year but the amount of child support wasn't affecting me so I decided not to go get it changed. She has recently gotten married and her husband makes quite a bit more money than I do. She has become a stay at home mom. Is the new husbands income considered when recalculating child support since she has chosen to be unemployed?
 


I

Isis1

Senior Member
BSCOASTIE said:
What is the name of your state (only U.S. law)? MICHIGAN

Right now I pay $704 a month and completely cover all medical costs for my one son. My ex (never married) was making zero dollars when this was established. She had a job for a year but the amount of child support wasn't affecting me so I decided not to go get it changed. She has recently gotten married and her husband makes quite a bit more money than I do. She has become a stay at home mom. Is the new husbands income considered when recalculating child support since she has chosen to be unemployed?
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her husband's income will not affect your child support. her husband will not ever be responsible for your child unless you allow a parental rights termination and he adopts.

what you CAN do is request a modification if your state allowed for a modification based on the time frame. some states say once every three years. i'm almost positive Michigan is one of them.

check your calculator. input mom as minimum wage and your income. then input mom as not working and your income. Michigan also requires a certain percentage of difference in order to approve a hearing for a change.
 
B

BSCOASTIE

Junior Member
Ok, but if she is voluntarily being unemployed i.e. not actively looking for a job, does that play in to affect? I would never give up rights to my son i am just slightly struggling paying what I am and they are doing more than OK and I am feeling slightly taken advantage of.
 
P

Proserpina

Senior Member
BSCOASTIE said:
Ok, but if she is voluntarily being unemployed i.e. not actively looking for a job, does that play in to affect? I would never give up rights to my son i am just slightly struggling paying what I am and they are doing more than OK and I am feeling slightly taken advantage of.
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That's why you request that she is imputed an income at at least full time minimum wage.
 
I

Isis1

Senior Member
BSCOASTIE said:
Ok, but if she is voluntarily being unemployed i.e. not actively looking for a job, does that play in to affect? I would never give up rights to my son i am just slightly struggling paying what I am and they are doing more than OK and I am feeling slightly taken advantage of.
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taking care of your obligation is NOT being taken advantage of. you really need to see a therapist about that thought process. you'll get more grey hairs than you really need.

worst case scenario, child support will stay the same as you agreed to mom not being inputted an income when you argeed to the original support amount.

best case scenario, mom is inputted an income.

either way, your support can go up, it can go down, or it can stay the same.
 
CJane

CJane

Senior Member
So, you didn't feel taken advantage of when Mom was 'making $0 income', or when she got a job and you chose not to have CS reevaluated. But now that she's married and her ex makes more than you, you feel like you're being taken advantage of?

Can you see how that might not make a whole lot of sense to anyone?
 
P

Prestaul

Junior Member
You are being taken advantage of regardless of what the trolls on this forum say and regardless of what Michigan law requires. Child support exists as a practice in order to ensure that children are properly supported, not to ensure that vindictive ex-wives have a chance to punish you.

Talk to a family lawyer (or two) practicing in Michigan. Most will listen to your story for no charge (often over the phone) and tell you whether or not you have a case. Worst case senario, you walk away having a better understanding of Michigan law.
 
P

Proserpina

Senior Member
Prestaul said:
You are being taken advantage of regardless of what the trolls on this forum say and regardless of what Michigan law requires. Child support exists as a practice in order to ensure that children are properly supported, not to ensure that vindictive ex-wives have a chance to punish you.

Talk to a family lawyer (or two) practicing in Michigan. Most will listen to your story for no charge (often over the phone) and tell you whether or not you have a case. Worst case senario, you walk away having a better understanding of Michigan law.
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Quit posting nonsense.

This is about THE LAW, not about your personal agenda/bitterness.

Or are you going to try and claim that Michigan law doesn't matter to a Michigan resident? Are you really?
 
P

Prestaul

Junior Member
Proserpina said:
Or are you going to try and claim that Michigan law doesn't matter to a Michigan resident? Are you really?
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Of course I'm not suggesting that the law does not matter. I'm suggesting that the opinions of people like you don't matter and he should talk to a lawyer familiar with Michigan law before he just takes your word for it.

If you would like to offer something more than conjecture then it would be much appreciated. Proserpina, one link to Michigan child support guidelines would be enough to convince people like myself that you are more than just an angry ex taking it out on any men who'll line up for the beating.
 
P

Proserpina

Senior Member
Prestaul said:
Of course I'm not suggesting that the law does not matter. I'm suggesting that the opinions of people like you don't matter and he should talk to a lawyer familiar with Michigan law before he just takes your word for it.
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And that's exactly why YOU posted, isn't it?

Because you want to hear our opinions about whether or not your ex's new fella should be responsible for supporting your offspring?

We know.

;)


If you would like to offer something more than conjecture then it would be much appreciated. Proserpina, one link to Michigan child support guidelines would be enough to convince people like myself that you are more than just an angry ex taking it out on any men who'll line up for the beating.
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Please read your own posts.

And then read them again.

And then once more. Your apology will be accepted graciously.

WE know the law. You, evidently, do not. I suggest that you do less posting, and more reading.

:cool:
 
P

Prestaul

Junior Member
@Proserpina, amazing that you can respond to my post without responding to anything in it... Just one link, please? One credential? Bueller?

Let me summarize my posts for you: I am not familiar with Michigan law and therefore suggested that he get a free consultation with a lawyer rather than try to tell him what his obligations are. I also offered my personal opinion about his current situation (that he is being taken advantage of) which is not in any way intended as legal advice.

@BSCOASTIE, this is my first time on this site and I'm sorry this degraded so quickly into such nonsense. Maybe I should also go ahead and apologize for the drivel that others will post in response to this final post... I've offered my opinion and I'll do my best to walk away now and let you sift through all the postings and make up your own mind without cluttering this thread more. I genuinely wish you the best.
 
C

CurrentlyUndone

Member
Prestaul said:
@Proserpina, amazing that you can respond to my post without responding to anything in it... Just one link, please? One credential? Bueller?

Let me summarize my posts for you: I am not familiar with Michigan law and therefore suggested that he get a free consultation with a lawyer rather than try to tell him what his obligations are. I also offered my personal opinion about his current situation (that he is being taken advantage of) which is not in any way intended as legal advice.

@BSCOASTIE, this is my first time on this site and I'm sorry this degraded so quickly into such nonsense. Maybe I should also go ahead and apologize for the drivel that others will post in response to this final post... I've offered my opinion and I'll do my best to walk away now and let you sift through all the postings and make up your own mind without cluttering this thread more. I genuinely wish you the best.
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You need to stop hijacking. And you need to seriously know when to shut up - you're clueless as to the law.
 
G

gam

Senior Member
Isis1 said:
her husband's income will not affect your child support. her husband will not ever be responsible for your child unless you allow a parental rights termination and he adopts.

what you CAN do is request a modification if your state allowed for a modification based on the time frame. some states say once every three years. i'm almost positive Michigan is one of them.

check your calculator. input mom as minimum wage and your income. then input mom as not working and your income. Michigan also requires a certain percentage of difference in order to approve a hearing for a change.
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Friend of Court will do a Review every 3 years free of filing charges. FOC is required to contact the receiver of CS for a review if nothing has been done on CS in the past 3 years, you can tell them you don't want one. If your receiving state assistance though you will have to have one. However you can ask them for a modification before that 3 years is up, they may or may not have a hearing.

You can though in Michigan not go through FOC and file directly with the circuit court for a modification, pay filing fees and you will get a hearing. So in Michigan you can do child support modifications more then every 3 years.

The "minimum threshold for modification" in Michigan is 10-percent of the currently ordered support payment or $50 per month, whichever is greater.
 
G

gam

Senior Member
Prestaul said:
@Proserpina, amazing that you can respond to my post without responding to anything in it... Just one link, please? One credential? Bueller?

Let me summarize my posts for you: I am not familiar with Michigan law and therefore suggested that he get a free consultation with a lawyer rather than try to tell him what his obligations are. I also offered my personal opinion about his current situation (that he is being taken advantage of) which is not in any way intended as legal advice.

@BSCOASTIE, this is my first time on this site and I'm sorry this degraded so quickly into such nonsense. Maybe I should also go ahead and apologize for the drivel that others will post in response to this final post... I've offered my opinion and I'll do my best to walk away now and let you sift through all the postings and make up your own mind without cluttering this thread more. I genuinely wish you the best.
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Before he goes for a fee consultation with a lawyer here in Michigan, he needs to go check out the Michigan State Child Support Formula Manual and see if he even stands a chance at a modification.

Many lawyers out there will tell you what you want to hear and then get that retainer when you don't stand a chance of even getting a modification. So always best to do your homework first.

Here is a link to that child support manual
http://courts.michigan.gov/scao/resources/publications/manuals/focb/2008MCSFmanual.pdf
 
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