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Confusing child support matter

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Oldhippy

New member
What is the name of your state? Michigan

First, let me say that I am a paralegal, have been so since 1980, now retired. I'm asking this for my daughter and her husband who we'll call TJ. I can't figure it out, wrap my head around it. So TJ didn't see his son for years as the mother had moved to GA. In GA she filed for child support, which TJ paid on and off for a while. TJ then met and married my daughter and started making regular child support payments about 5 years ago. Also about 5 years ago TJs son (and mother) moved back to Michigan. She then allowed TJ to see her son on a regular basis.

No custody/visitation time documents were ever entered. This was not from TJ trying to get them entered. The support order from GA was transferred to Livingston Co MI about 5 years ago. TJ prepared via the Michigan Legal Help website all documents to establish custody, Livingston Co rejected the papers stating he must be represented by an attorney. The son's mother then forced TJ to take custody of the son for the last 4 years stating she could not handle him along with her gaggle of other children (I want to say 6 total).

During the last 4 years, she has been getting paid by TJ $850 a month for child support of a child in TJs custody. TJ waited 6 months after having custody of his son and filed papers to establish custody in Oscoda Co, MI which is the domicile of both TJ and his son. Those were rejected by Oscoda Co as they were confused by the file extension which was a transfer from another state. Not giving up, TJ again tried filing with Livingston Co, again rejected. There have been numerous phone calls to child support offices of both counties, to no avail. Numerous calls to the State of Michigan child support office, to no avail. Meetings with Oscoda County DHS/CPS, etc., were somewhat fruitful as they all agreed TJ was in a pickle and what the mother of his son was doing appeared to be fraud on some level, including stating on her income tax returns that she had custody of the son more than 6 months out of the year and getting that exemption as well.

Contact an attorney you may say, well they did and the one they spoke with yesterday wants to file a lawsuit in the State of GA, confusing as the case was transferred to Michigan years ago. Phone calls to Michigan legal aid result in no return calls. Any advice on how to handle this situation would be appreciated and sorry it is so long, but better to have all of the facts than to guess on what is missing.
 


Just Blue

Senior Member
What is the name of your state? Michigan

First, let me say that I am a paralegal, have been so since 1980, now retired. I'm asking this for my daughter and her husband who we'll call TJ. I can't figure it out, wrap my head around it. So TJ didn't see his son for years as the mother had moved to GA. In GA she filed for child support, which TJ paid on and off for a while. TJ then met and married my daughter and started making regular child support payments about 5 years ago. Also about 5 years ago TJs son (and mother) moved back to Michigan. She then allowed TJ to see her son on a regular basis.

No custody/visitation time documents were ever entered. This was not from TJ trying to get them entered. The support order from GA was transferred to Livingston Co MI about 5 years ago. TJ prepared via the Michigan Legal Help website all documents to establish custody, Livingston Co rejected the papers stating he must be represented by an attorney. The son's mother then forced TJ to take custody of the son for the last 4 years stating she could not handle him along with her gaggle of other children (I want to say 6 total).

During the last 4 years, she has been getting paid by TJ $850 a month for child support of a child in TJs custody. TJ waited 6 months after having custody of his son and filed papers to establish custody in Oscoda Co, MI which is the domicile of both TJ and his son. Those were rejected by Oscoda Co as they were confused by the file extension which was a transfer from another state. Not giving up, TJ again tried filing with Livingston Co, again rejected. There have been numerous phone calls to child support offices of both counties, to no avail. Numerous calls to the State of Michigan child support office, to no avail. Meetings with Oscoda County DHS/CPS, etc., were somewhat fruitful as they all agreed TJ was in a pickle and what the mother of his son was doing appeared to be fraud on some level, including stating on her income tax returns that she had custody of the son more than 6 months out of the year and getting that exemption as well.

Contact an attorney you may say, well they did and the one they spoke with yesterday wants to file a lawsuit in the State of GA, confusing as the case was transferred to Michigan years ago. Phone calls to Michigan legal aid result in no return calls. Any advice on how to handle this situation would be appreciated and sorry it is so long, but better to have all of the facts than to guess on what is missing.
Please have TJ join this site with his own user name and post for himself. Thanks...
 

LdiJ

Senior Member
What is the name of your state? Michigan

First, let me say that I am a paralegal, have been so since 1980, now retired. I'm asking this for my daughter and her husband who we'll call TJ. I can't figure it out, wrap my head around it. So TJ didn't see his son for years as the mother had moved to GA. In GA she filed for child support, which TJ paid on and off for a while. TJ then met and married my daughter and started making regular child support payments about 5 years ago. Also about 5 years ago TJs son (and mother) moved back to Michigan. She then allowed TJ to see her son on a regular basis.

No custody/visitation time documents were ever entered. This was not from TJ trying to get them entered. The support order from GA was transferred to Livingston Co MI about 5 years ago. TJ prepared via the Michigan Legal Help website all documents to establish custody, Livingston Co rejected the papers stating he must be represented by an attorney. The son's mother then forced TJ to take custody of the son for the last 4 years stating she could not handle him along with her gaggle of other children (I want to say 6 total).

During the last 4 years, she has been getting paid by TJ $850 a month for child support of a child in TJs custody. TJ waited 6 months after having custody of his son and filed papers to establish custody in Oscoda Co, MI which is the domicile of both TJ and his son. Those were rejected by Oscoda Co as they were confused by the file extension which was a transfer from another state. Not giving up, TJ again tried filing with Livingston Co, again rejected. There have been numerous phone calls to child support offices of both counties, to no avail. Numerous calls to the State of Michigan child support office, to no avail. Meetings with Oscoda County DHS/CPS, etc., were somewhat fruitful as they all agreed TJ was in a pickle and what the mother of his son was doing appeared to be fraud on some level, including stating on her income tax returns that she had custody of the son more than 6 months out of the year and getting that exemption as well.

Contact an attorney you may say, well they did and the one they spoke with yesterday wants to file a lawsuit in the State of GA, confusing as the case was transferred to Michigan years ago. Phone calls to Michigan legal aid result in no return calls. Any advice on how to handle this situation would be appreciated and sorry it is so long, but better to have all of the facts than to guess on what is missing.
There has to be more going on here than you are saying because if there were never custody orders, only child support orders, then there should not have been a problem getting custody established...particularly if he has an attorney. The first step is establishing primary custody, the second step would be to deal with child support.
 

Zigner

Senior Member, Non-Attorney
I have to wonder who advised TJ to attempt to file the case in multiple counties...
TJ needs an attorney.
 

HRZ

Senior Member
"Livingston Co rejected the papers stating he must be represented by an attorney"

MIght be easy for a paralegal to confirm in Livingston if jurisdiction was domesticated ?
 

Zigner

Senior Member, Non-Attorney
"Livingston Co rejected the papers stating he must be represented by an attorney"

MIght be easy for a paralegal to confirm in Livingston if jurisdiction was domesticated ?
It might be, but really doesn't matter. TJ needs to speak with an attorney.
 

stealth2

Under the Radar Member
What is the name of your state? Michigan

First, let me say that I am a paralegal, have been so since 1980, now retired. I'm asking this for my daughter and her husband who we'll call TJ. I can't figure it out, wrap my head around it. So TJ didn't see his son for years as the mother had moved to GA. In GA she filed for child support, which TJ paid on and off for a while. TJ then met and married my daughter and started making regular child support payments about 5 years ago. Also about 5 years ago TJs son (and mother) moved back to Michigan. She then allowed TJ to see her son on a regular basis.

No custody/visitation time documents were ever entered. This was not from TJ trying to get them entered. The support order from GA was transferred to Livingston Co MI about 5 years ago. TJ prepared via the Michigan Legal Help website all documents to establish custody, Livingston Co rejected the papers stating he must be represented by an attorney. The son's mother then forced TJ to take custody of the son for the last 4 years stating she could not handle him along with her gaggle of other children (I want to say 6 total).

During the last 4 years, she has been getting paid by TJ $850 a month for child support of a child in TJs custody. TJ waited 6 months after having custody of his son and filed papers to establish custody in Oscoda Co, MI which is the domicile of both TJ and his son. Those were rejected by Oscoda Co as they were confused by the file extension which was a transfer from another state. Not giving up, TJ again tried filing with Livingston Co, again rejected. There have been numerous phone calls to child support offices of both counties, to no avail. Numerous calls to the State of Michigan child support office, to no avail. Meetings with Oscoda County DHS/CPS, etc., were somewhat fruitful as they all agreed TJ was in a pickle and what the mother of his son was doing appeared to be fraud on some level, including stating on her income tax returns that she had custody of the son more than 6 months out of the year and getting that exemption as well.

Contact an attorney you may say, well they did and the one they spoke with yesterday wants to file a lawsuit in the State of GA, confusing as the case was transferred to Michigan years ago. Phone calls to Michigan legal aid result in no return calls. Any advice on how to handle this situation would be appreciated and sorry it is so long, but better to have all of the facts than to guess on what is missing.
One of the most important things in life is to know when you don't know enough to help. I'm not being mean. Or not trying to be. But you either do not have enough information as to the history of this matter, or you don't have the expertise to help sort it out. Whichever it is, time for TJ to get expert assistance. From a Family Law attorney.
 

HRZ

Senior Member
Fully agree TJ needs to get expert assistance
..and as a practical matter..sooner is better if he wants an odds of changing pay Mom for support for a child actually in Dads care...change is not retroactive .

But confirming if order was domesticated to that County in MI might be a help as to where the attorney TJ engages might start ...TJ can do some of the scavenger hunt for data /records and make good copies etc. And for that matter any member of public can go read and copy all sorts of "records"
 

Zigner

Senior Member, Non-Attorney
But confirming if order was domesticated to that County in MI might be a help as to where the attorney TJ engages might start ...TJ can do some of the scavenger hunt for data /records and make good copies etc. And for that matter any member of public can go read and copy all sorts of "records"
The OP has already told us the matter was domesticated ("transferred"). Why do you keep pushing this?
 

stealth2

Under the Radar Member
The OP has already told us the matter was domesticated ("transferred"). Why do you keep pushing this?
I'm kind of with HRZ here.... Why did the lawyer feel something had to go through GA? Perhaps s/he discovered that it really was NOT domesticated?
 

Zigner

Senior Member, Non-Attorney
I'm kind of with HRZ here.... Why did the lawyer feel something had to go through GA? Perhaps s/he discovered that it really was NOT domesticated?
I suspect that the attorney was contacted by a quick phone call and wasn't given all the facts.
 

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