Going for temp custody?

[milmom]

I was not going to respond anymore, however this is a load of BS and I don't want other Mi posters to think this is true. It's not in the states hands, either party can file for a modification of child support if there is a change in circumstance. The only thing that can't be done when one is on state assistance is to drop child support, or opt out of FOC services. The state becomes involved when one seeks state assistance, they make sure child support has been filed, they can file on the party's behalf or they most often forward the case to that county's prosecuting attorney's office, who then files on the party's behalf. Party that has the child, gets themselves a free lawyer from the prosecutors office, who goes to court for them and does the work. They must file, the party must cooperate with them and give them the father/possible father's name.

Once that first child support is done by them, then either party can file for modification. There is no time limit in Mi courts of when and how often you can file, as long as you can prove a change in circumstance, you can get a modification hearing. Heck many of the courts don't bother to see if there is a change in circumstance until you all show up for the hearing. Very common for many courts to ignore the need for a change in circumstance, and most don't bother to do anything about it, as it requires an appeal and that is costly and time consuming.

You need to back up crap your spouting here, with links to where this can be found, you won't find any, but go ahead and give it a try, or shut up. Because mom does get state assistance, FOC will have to automatically file for a 3 year review, and mom or you will have no say over that. You see that FOC will do that, not the state, the state is all done with this case at this time. The court is in charge, FOC enforces the courts orders and rules. So if they don't catch you now, they will catch up then. If mom is off assistance by that point, or you have paid the state all you owe them, then FOC will send MOM the receiver of Child Suport, a nice letter, offering her a free 3 year review. Even a small crap county like Bay County does this, as they have to. Mom will then have a choice of getting a nice free review or not.

And although my mod took forever (partially because my ex failed to respond) the 3 year letter and all enforcement actions with my case in Bay County have been efficient they are a small court but very on top of everything.

 

[trnoon]

I was not going to respond anymore, however this is a load of BS and I don't want other Mi posters to think this is true. It's not in the states hands, either party can file for a modification of child support if there is a change in circumstance. The only thing that can't be done when one is on state assistance is to drop child support, or opt out of FOC services. The state becomes involved when one seeks state assistance, they make sure child support has been filed, they can file on the party's behalf or they most often forward the case to that county's prosecuting attorney's office, who then files on the party's behalf. Party that has the child, gets themselves a free lawyer from the prosecutors office, who goes to court for them and does the work. They must file, the party must cooperate with them and give them the father/possible father's name.

Once that first child support is done by them, then either party can file for modification. There is no time limit in Mi courts of when and how often you can file, as long as you can prove a change in circumstance, you can get a modification hearing. Heck many of the courts don't bother to see if there is a change in circumstance until you all show up for the hearing. Very common for many courts to ignore the need for a change in circumstance, and most don't bother to do anything about it, as it requires an appeal and that is costly and time consuming.

You need to back up crap your spouting here, with links to where this can be found, you won't find any, but go ahead and give it a try, or shut up. Because mom does get state assistance, FOC will have to automatically file for a 3 year review, and mom or you will have no say over that. You see that FOC will do that, not the state, the state is all done with this case at this time. The court is in charge, FOC enforces the courts orders and rules. So if they don't catch you now, they will catch up then. If mom is off assistance by that point, or you have paid the state all you owe them, then FOC will send MOM the receiver of Child Suport, a nice letter, offering her a free 3 year review. Even a small crap county like Bay County does this, as they have to. Mom will then have a choice of getting a nice free review or not.

If you have links to this information, I'd really appreciate reading up on it. Maybe it is my own naivety, but I'm not going off of anything I've read online, and I've never actually done my own research on it. I was told, word for word, by the caseworker over our case that it was "in the hands of the state" and all reviews were completely up to them.

 

[gam]

If you have links to this information, I'd really appreciate reading up on it. Maybe it is my own naivety, but I'm not going off of anything I've read online, and I've never actually done my own research on it. I was told, word for word, by the caseworker over our case that it was "in the hands of the state" and all reviews were completely up to them.

I will look later for specific info. The state only enters when one either goes down to DHS or the prosecuting attorney's office. If they go to DHS to seek state assistance, the state will start the case, they will forward it all to the prosecutors office, who is the one that will actually file and take it to court and get a CS order going. One can also go directly to the prosecutors office and ask them to start a case for them. Once the first order is done, then it all is the hands of the county FOC that the case is filed in. FOC keeps track of the orders, they enforce the orders, they do the 3 year reviews. Now everything concerning your child support goes through the state system MISDU. They are the ones that actually get your payments and deposit them into the CP's bank account or the debit card.

As a parent, once you have that CS order, either party can either file directly with their Circuit Court Clerk or with FOC for a modification. If you get behind on CS, FOC is the one who comes after you to enforce the order, FOC will just send you a letter stating you owe x amount in arrears along with your CS payment a month. FOC is the one who will do a show cause hearing, suppose to be automatic, but often one must call and bug them to get it done or file for a show cause themselves.

You could see the state down the road, that would be the State Attorney General's office, who will when a child is over 18 and a large arrears is owed to the CP still, take your case and go after the NCP, they have many things they can do.

Other then that the state does not do anything with Child Support once that first case is going. Either you got confused with what your caseworker told you, or your caseworker was talking about your first Child Support order. The state does take your money that is owed for her assistance, out of your garnishment before sending the payment to CP. They work with FOC, but they do little, FOC does all the main work.

As I said I will fill info and post links later.