What is the name of your state (only U.S. law)? Michigan
This is on my Niece's case. I have explained in other postings, she has many medical issues that prevents her from using a computer. Lots of different issues, but one of them is she has seizures and using the computer causes her to have a seizure. Even reading and concentrating on that reading for anything over an over can causes her to have a seizure. She is sitting here with me, and I did go to court with her yesterday. I have personally gone to court everytime with her for the past 3 years since her medical issues started. Hoping that you guys will as you have in the past, take that into consideration and answer questions.
Current child support order is from 2005. At that time her ex was on disability, and she worked full time. In Michigan they figure CS using both incomes, they give a base support, they add to it an ordinary medical expense(done on percentage of each parents income), they add to it childcare. At that time both ordinary medical and childcare was added to his base to come up with the montly obligation. The children receive directly disability checks, that is subtracted off his total monthly obligation.
My Niece was in a car accident in May 2008, she was laid off in Aug 2008. She collected unemployment from Aug 2008 until July 2010. She still had another 14 weeks of unemployment, however she applied for disability herself in July. Unemployment cut her off, as she is not available to work. So she has had zero income since July 2010. Since she can't work, and can't look for work, that would take childcare out of the picture(which is in current order). She applied for state benefits. She receives food stamps and medicaid for the 2 children and herself. She did not qualify for TANF benefits, because the amount of the children's disability checks is counted as her income.
Her ex is still collecting disability, but he started working in Sept 2010. In Oct of 2010 FOC called my Niece and said since there had been no CS review in 3 years and she was entitled to a free one, she turned that down. At the end of Oct, she found out her ex is now working. Her ex kept denying that he was working to her. So the beginning of Dec she filed herself for a CS modification.
Yesterday my Niece had her hearing in front of the Ref, I went with her. When all was said and done, the Ref ran up the numbers, and his child support obligation would only go up $38 a month, so the Ref denied her modification. In Michigan there is a Threshold to meet, it must go up 10% or be over $50, whichever number is higher. The Ref said the 10% was $27, and you have the other number of $50. So the $38 a month, did not pass the $50 we get that.
Her ex is working overtime, but the Ref did not use his YTD pay stub or the YTD pay stub from either 2010 and 2011. She strictly used his pay per hour, times that by 40 hours and divided it by 12. She did take childcare away, and claims to have put my Niece's income at zero. So just doing these things, I can see it coming out to only a $38 change.
No matter what I do, I can't get the numbers to match as the Ref claimed to do. I can get them to match by her leaving my Niece's income at what it is, and using just his working income. The Ref was well aware that he still is receiving disability, as she did still subtract the children's disability checks from his child support obligation.
I have gone over the Michigan Child Support Formula Manual with a fine tooth comb. It states income includes the following: Wages, overtime pay, distributed payments from social security and disability insurance or benefits. There is more income included, however none of it applies to either party.
The only way using that Michigan Child Support Formula that works here, is if she only used his working income and continued using my Niece's income(instead of zero).
Maybe I am not seeing this right or missing something, but can they only use his working income? Is she not suppose to use all his income, which according to the manual includes both working and disability insurance or benefits?
Another issue, my Niece is currently in the middle of a lawsuit on a car accident, it is what caused her medical issues. Her ex knows about this(have no clue how), he brought it up to the Ref. The Ref ripped my Niece apart, about her not stating this as income. My Niece has not gotten anything at this time, the lawsuit is still going on. But say she does get money from the lawsuit, is this considered income?
One other issue, in the current CS order my Niece is the one required to carry medical insurance, as he was on disability and said he can't get medical insurance for the kids. In July when her unemployment was cut off, she applied and got medicaid for the kids. So when she filed for the CS modification, she asked that the court make him responsible for medical insurance, since he is working. The Ref denied this yesterday. Stating she can't make him get medical insurance, since he is on disability. But her ex said he had medical insurance available to him through work. So why would she not order him to get medical insurance through work?
I would appreciate any help, I have brain fry going over this at this point. My Niece is pretty useless cause she can't concentrate for long, or she has medical issues and I am not sure I am seeing this right at this point. She wants to object, but I want to make sure we got this right before objecting.What is the name of your state (only U.S. law)?
This is on my Niece's case. I have explained in other postings, she has many medical issues that prevents her from using a computer. Lots of different issues, but one of them is she has seizures and using the computer causes her to have a seizure. Even reading and concentrating on that reading for anything over an over can causes her to have a seizure. She is sitting here with me, and I did go to court with her yesterday. I have personally gone to court everytime with her for the past 3 years since her medical issues started. Hoping that you guys will as you have in the past, take that into consideration and answer questions.
Current child support order is from 2005. At that time her ex was on disability, and she worked full time. In Michigan they figure CS using both incomes, they give a base support, they add to it an ordinary medical expense(done on percentage of each parents income), they add to it childcare. At that time both ordinary medical and childcare was added to his base to come up with the montly obligation. The children receive directly disability checks, that is subtracted off his total monthly obligation.
My Niece was in a car accident in May 2008, she was laid off in Aug 2008. She collected unemployment from Aug 2008 until July 2010. She still had another 14 weeks of unemployment, however she applied for disability herself in July. Unemployment cut her off, as she is not available to work. So she has had zero income since July 2010. Since she can't work, and can't look for work, that would take childcare out of the picture(which is in current order). She applied for state benefits. She receives food stamps and medicaid for the 2 children and herself. She did not qualify for TANF benefits, because the amount of the children's disability checks is counted as her income.
Her ex is still collecting disability, but he started working in Sept 2010. In Oct of 2010 FOC called my Niece and said since there had been no CS review in 3 years and she was entitled to a free one, she turned that down. At the end of Oct, she found out her ex is now working. Her ex kept denying that he was working to her. So the beginning of Dec she filed herself for a CS modification.
Yesterday my Niece had her hearing in front of the Ref, I went with her. When all was said and done, the Ref ran up the numbers, and his child support obligation would only go up $38 a month, so the Ref denied her modification. In Michigan there is a Threshold to meet, it must go up 10% or be over $50, whichever number is higher. The Ref said the 10% was $27, and you have the other number of $50. So the $38 a month, did not pass the $50 we get that.
Her ex is working overtime, but the Ref did not use his YTD pay stub or the YTD pay stub from either 2010 and 2011. She strictly used his pay per hour, times that by 40 hours and divided it by 12. She did take childcare away, and claims to have put my Niece's income at zero. So just doing these things, I can see it coming out to only a $38 change.
No matter what I do, I can't get the numbers to match as the Ref claimed to do. I can get them to match by her leaving my Niece's income at what it is, and using just his working income. The Ref was well aware that he still is receiving disability, as she did still subtract the children's disability checks from his child support obligation.
I have gone over the Michigan Child Support Formula Manual with a fine tooth comb. It states income includes the following: Wages, overtime pay, distributed payments from social security and disability insurance or benefits. There is more income included, however none of it applies to either party.
The only way using that Michigan Child Support Formula that works here, is if she only used his working income and continued using my Niece's income(instead of zero).
Maybe I am not seeing this right or missing something, but can they only use his working income? Is she not suppose to use all his income, which according to the manual includes both working and disability insurance or benefits?
Another issue, my Niece is currently in the middle of a lawsuit on a car accident, it is what caused her medical issues. Her ex knows about this(have no clue how), he brought it up to the Ref. The Ref ripped my Niece apart, about her not stating this as income. My Niece has not gotten anything at this time, the lawsuit is still going on. But say she does get money from the lawsuit, is this considered income?
One other issue, in the current CS order my Niece is the one required to carry medical insurance, as he was on disability and said he can't get medical insurance for the kids. In July when her unemployment was cut off, she applied and got medicaid for the kids. So when she filed for the CS modification, she asked that the court make him responsible for medical insurance, since he is working. The Ref denied this yesterday. Stating she can't make him get medical insurance, since he is on disability. But her ex said he had medical insurance available to him through work. So why would she not order him to get medical insurance through work?
I would appreciate any help, I have brain fry going over this at this point. My Niece is pretty useless cause she can't concentrate for long, or she has medical issues and I am not sure I am seeing this right at this point. She wants to object, but I want to make sure we got this right before objecting.What is the name of your state (only U.S. law)?
