FOC recommendation came in the mail...

[doc2b]

What is the name of your state (only U.S. law)? MI

Didn't turn out at all how my husband had thought. They recommended that the support he pays be lowered by $250 per month, and the only other change he or I could find on the recommendation was that extraordinary medical now be split 19% (mom)/ 81% dad (it used to be 50/50).

From what I've read the MI Child Support Formula bases this on the percentage of total family income (between the two parents) that each parent makes. If she's claiming she makes 18% of their combined income, that's the same as what she said she made at the time of the divorce, and she's working almost full time at a much higher paying job now.

If she were imputed an income of min. wage at full time, it would come out to 18% of the total, so he thinks she either didn't turn in the financial statement or that she's not claiming all of her income (I know you're not supposed to assume anything about how bills are paid for, but he know's she's living in a rental that is almost $1000 a month, and if she's making full time min. wage, not even rent would be covered after taxes.)

Can dad go to the FOC and request a copy of the financial statements they were both required to turn in to see what she's claiming she is making?

 

[TinkerBelleLuvr]

If your husband isn't in agreement with the referee decision, then he should file a de novo review. He has 21 days from when it was signed, so like jump on it Monday.

 

[doc2b]

If your husband isn't in agreement with the referee decision, then he should file a de novo review. He has 21 days from when it was signed, so like jump on it Monday.

I won't say he's not in agreement with it...more that he wants to make sure they're using her actual or potential income rather than imputing minimum wage. He's fine with following the recommendation if it's based on what they're both making, but he can't know that for sure without seeing what income info they used. (Make sense?)

Is that stuff available for him to get a copy of, or at least look at, or is it confidential?

 

[TinkerBelleLuvr]

I'm surprised that they didn't produce the worksheet from which they worked off of. Yes, he should go to FOC and request to see it. Remember - squeaky wheel. It is possible for them to make mistakes; my lawyer caught their mistake the last time they were in and numbers had to be recalculated.

 

[doc2b]

I'm surprised that they didn't produce the worksheet from which they worked off of. Yes, he should go to FOC and request to see it. Remember - squeaky wheel. It is possible for them to make mistakes; my lawyer caught their mistake the last time they were in and numbers had to be recalculated.

I was surprised, too, from everything I've read on here (it always sounds like people are noticing mistakes on their income, lack of reporting on the other side, etc. but there was nothing in the packet except for the recommendation itself, and a form to file if you disagreed with the courts recommendation. He was relieved that it went down (we both knew he was paying more than the calculated amount), but wants to make sure it's all accurate before it gets made into an order. (He already knows he has a little time to work with because his ex already said she would contest any decrease in the CS). I'll let him know to call first thing Monday if he can (his work schedule is hectic right now due to a possible strike )

Thanks, Tink!

 

[doc2b]

Okay, I guess hubby overlooked the big bolded paragraph on the first page that stated his actual earnings from 2008 taxes were used and that the Defendant failed to provide documentation of income per the request. It states that they verified employment, but not income with her employer, and that she is currently on SSI and food assistance. It says "no income available per Data Warehouse for the Defendant". (What does that mean?)

I guess since she didn't report any of her income information to the FOC, they imputed min. wage full time after all.

Now what does he do? Based on what she told him last month, she's making much more than she's reporting (especially since she's commission...she used to hand her sales over to other agents at her old job and take a cut of the commission in cash so she didn't have to report it and it wouldn't screw up her SSI benefit).

 

[LdiJ]

Okay, I guess hubby overlooked the big bolded paragraph on the first page that stated his actual earnings from 2008 taxes were used and that the Defendant failed to provide documentation of income per the request. It states that they verified employment, but not income with her employer, and that she is currently on SSI and food assistance. It says "no income available per Data Warehouse for the Defendant". (What does that mean?)

I guess since she didn't report any of her income information to the FOC, they imputed min. wage full time after all.

Now what does he do? Based on what she told him last month, she's making much more than she's reporting (especially since she's commission...she used to hand her sales over to other agents at her old job and take a cut of the commission in cash so she didn't have to report it and it wouldn't screw up her SSI benefit).

If she is still doing that, how could he prove it? Also, lots of people on commission are not doing very well right now.

 

[doc2b]

If she is still doing that, how could he prove it? Also, lots of people on commission are not doing very well right now.

He couldn't prove it, unfortunately...he's just going based on what she's told him recently and knowing how she manages her commission earnings when she exceeds the max allowed to maintain her SSI benefits. I don't think any of her coworkers would admit to playing along with that junk

All he could do (and that's assuming he is able to do it), is request that she provide her income information (2008 taxes, paystubs), a financial declaration and her bank statements to the FOC. He already turned all his stuff in, even though they only asked for taxes and paystubs.

There's a subpoena form on the self help website, but the instructions say:

You must wait 21 days after your judgment was signed before you can file a discovery subpoena. Form MC 11, Subpoena (Order to Appear) can be used.

Contact the court for an appearance date before putting the date and location on the form. Complete both the front of the Subpoena and the Affidavit for Judgment Debtor Examination on the back.​

What does it mean to wait 21 days after judgment was signed? They currently have an order, and this is a hearing to modify it....so is there already a judgment? (Maybe this is the wrong form)

Also, what does he ask for where it asks you to put the items you are requesting for discovery?

 

[doc2b]

Well, mom told dad she filed an objection to the FOC recommendation (not a surprise at all), and now she's claiming she never recieved his last CS payment in the mail (it was sent out last week). I don't know what she's trying to pull, but he's never ever missed a single payment the whole time they've been divorced (even before there was a court order).

He's waiting to recieve a copy of her objection with her response as to why there shouldn't be a change in support. Does he need to file an objection , as well, since she didn't provide any of the requested information about her income (he's waiting to find out how to request discovery), or can he bring this up when they have their hearing? There are also a couple of things that the FOC got wrong on the recommendation (wrong # of overnights for each parent and the ordinary medical amount hasn't been adjusted to the new 2008 standards).

Thank you!