FOC case is officially opened...and officially screwed up already

[doc2b]

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

My husband filed motions to clarify parenting time and modify support to meet the state guidelines back in March (he'd been way overpaying for 2 years)...in these motions, he included a motion to reopen an FOC case in order to have CS withheld so that there were no more ugly encounters with his ex having the kids ask him for the checks and stuff, plus the FOC can (supposedly) help him enforce the CO when it is violated. When he and his ex divorced, they waived FOC involvement.

The case has been heard before a referree, was objected to by both parties, and they are waiting for a hearing before the judge (date is not set, yet). The old court order is still in effect, as new orders have not been drafted or signed off on.

Well, today he recieved a notice from the FOC that stated he is in arrears for about $1000 and income withholding sheet was also sent to him and his employer to start taking out the CS. This is what he was wanting, but he has been paying his current court ordered support to his ex on schedule in the original amount (never missed a payment and has every single cancelled check since their divorce). The income withholding order is going to start drawing out CS based on the referee recommendation (which was objected to by both he and his ex), plus taking out arrears from each check. On the form, it shows the employer's name next to his name that will be withholding the CS, only it's his ex's (former) employer, not his. He also is supposed to be credited back to 3/1/2009 when he filed the motions with any overpayments (should total around $900 or more by the next court date), so not only is he not in arrears, but he's overpaid...

Any advice as to what he should do while waiting to hear back from his attorney (who will be in court all next week, from the sounds of things)?

If he calls or goes to the FOC, what does he need to do to get this straightened out? He's got his checks and stuff together to prove payment, and there's currently no court order showing this new amount that they're trying to have withheld (which is lower than his current CO, but then won't he technically be in arrears next month if they only withhold the lower amount and the CO hasn't been changed yet?).

Hope this makes sense...I was hoping that going through FOC instead of paying directly to his ex would be a good idea for him, but it's looking like it's going to be a mess already.

Thanks for your help!

 

[TinkerBelleLuvr]

Have the husband make an appointment with FOC accounting and bring in everything that you stated. They can get it straightened out. Forget telephone calls in this instance (except to make the appointment.)

Accounting probably set up the automatic payment, but no one's told accounting that you both objected to the referee order. Not the first time; won't be the last.

Once it's straighted out, it does work.

 

[doc2b]

Have the husband make an appointment with FOC accounting and bring in everything that you stated. They can get it straightened out. Forget telephone calls in this instance (except to make the appointment.)

Accounting probably set up the automatic payment, but no one's told accounting that you both objected to the referee order. Not the first time; won't be the last.

Once it's straighted out, it does work.

Thanks, Tink!
I figured him going in there and physically showing someone his payments may be a good start, but wasn't sure since it states on the paperwork that if he's contesting the income withholding order, he needed to file an objection and wait for a hearing (he's not really objecting to the withholding, just the accounting, like you said).

I'll pass it along and we'll cross our fingers!

 

[TinkerBelleLuvr]

Did you guys go pro se? If so, you can get a copy of the hearing (all on video), and transcribe it. That is what I had to do to straighten mine out.

 

[doc2b]

Did you guys go pro se? If so, you can get a copy of the hearing (all on video), and transcribe it. That is what I had to do to straighten mine out.

He was pro se for the referree hearing, but got an attorney soon after to handle the parenting time issues...the attorney wants to finish up the CS part, too, since hubby's ex has "no income" (that she's reporting, anyway) and it's a little more complicated than my husband is comfortable dealing with on his own. The thing is, there is no new order yet...so he's confused why they're withholding the amount of the referree's recommendation rather than the amount from the original CO until this gets signed off by the courts Blech. Always something.

 

[doc2b]

Just an update...
Apparently, FOC accounting will not and cannot issue a credit towards what they have mistaken as arrears based on proof of support paid directly to the other parent, even though it is being paid accordingly under the current court order. My husband has to take his proof of payment before the judge and prove to the judge that payment has been made, and the judge must determine if she will credit him towards what is showing up as arrears in the court...I'm sure it will all get straightened out in court, but it's just more money we don't have to spend on attorney fees and time he has to take off work to appear. He's never missed a single payment on CS, ever-and has been overpaying since 3/1/09, according to the FOC caseworker.

Oh, and, even though they are going to begin the income withholding (that he requested) next pay period, they (the FOC) think it would be in his best interest to continue to pay the court ordered support directly to the other parent as court ordered at the same time, even though it's not going to go through their accounting and he'll have to get it credited back later. (I guess they think there's nothing wrong with the other parent double dipping for a while...meanwhile it's okay dad and his family can't pay their bills or buy groceries for the kids).

This is a crock of doo-doo. I don't think I'll ever understand the system.