Requesting records and CS mod hearing tomorrow

[doc2b]

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

Does dad (any parent that has joint legal for that matter) need to give a reason when requesting any of the kids records (medical, daycare, educational, etc)?

Also, dad and mom have their CS modification hearing before the referee tomorrow morning-he's got all his ducks in a row (I hope, anyway). The FOC already submitted their recommendation, based on his income info and an imputed min wage income for her (she is the one that filed an objection to the recommendation, and she didn't submit any of the financial info they requested).
Since she objected and now they have this hearing, can he request that she be ordered to produce her tax info and 6 months of paystubs like they were both supposed to turn in months ago? They imputed her for about $15000 a year, and the job she is working pays more than min wage per hour, plus commissions. From what he understands, under Michigan CS guidelines, her SSI income and the SSI she recieves for their kids doesn't count as income, which is fine, but he doesn't understand why they would impute her a min. wage income when she has been making more than that for years-is it just because she didn't turn in the info and that's their default? Can he bring tax info or W-2s from the years they were married to show her potential income (although, she's switched jobs since then, but it's better than nothing at all)

Thanks for any input!

 

[wileybunch]

Does dad (any parent that has joint legal for that matter) need to give a reason when requesting any of the kids records (medical, daycare, educational, etc)?

When requesting from WHOM? I can see the provider asking why so they know if the records are going to another provider, but is it the provider asking why or the other parent? The other parent does not need to know a reason why other than that they are supposed to be sharing that info. Is there something in the CO already that covers the sharing of info?

 

[TinkerBelleLuvr]

http://www.irs.gov/individuals/article/0,,id=151682,00.html

Print out form 4506 - request for transcript of tax returns. Have the referee/ judge ORDER her to fill it out then and there, stamped envelope to IRS and have the results mailed to FOC.

More than one way to skin a reluctant cat.

 

[doc2b]

When requesting from WHOM? I can see the provider asking why so they know if the records are going to another provider, but is it the provider asking why or the other parent? The other parent does not need to know a reason why other than that they are supposed to be sharing that info. Is there something in the CO already that covers the sharing of info?

Sorry I didn't specify...it's the provider asking, not the other parent. There's nothing in the CO about mom and dad sharing info...I think it's in the Michigan parenting guidelines, but nothing specifically in the actual document signed by the judge.

I'm only asking because dad seems to be getting the run around from a few providers who are requiring him to jump through impossible hoops to get medical and daycare records that he needs for their June court date, but as soon as he tells them that his request has anything to do with court, they get all squirrely and act like everything is priveleged and confidential...one has even said they need to call mom to let her know he's requesting the kids records

 

[doc2b]

http://www.irs.gov/individuals/article/0,,id=151682,00.html

Print out form 4506 - request for transcript of tax returns. Have the referee/ judge ORDER her to fill it out then and there, stamped envelope to IRS and have the results mailed to FOC.

More than one way to skin a reluctant cat.

Thank you, thank you!! Hope that works!

 

[wileybunch]

Sorry I didn't specify...it's the provider asking, not the other parent. There's nothing in the CO about mom and dad sharing info...I think it's in the Michigan parenting guidelines, but nothing specifically in the actual document signed by the judge.

I'm only asking because dad seems to be getting the run around from a few providers who are requiring him to jump through impossible hoops to get medical and daycare records that he needs for their June court date, but as soon as he tells them that his request has anything to do with court, they get all squirrely and act like everything is priveleged and confidential...one has even said they need to call mom to let her know he's requesting the kids records

Legal custody is all Dad needs, but if the provider doesn't feel comfortable releasing info and wants to run things by Mom, nothing Dad can do about that, really. In my parenting plan, I gave my ex permission to get the children's records or speak to their provider any time he wants so he doesn't need to go through me and neither does the provider. It's right there in black/white. Dad should look at having the same put into his order since he's likely revising the order for other reasons now anyway. Ultimately the provider would need to provide the records to Dad. On the daycare front, though, what kind of records is Dad requesting?

 

[doc2b]

Legal custody is all Dad needs, but if the provider doesn't feel comfortable releasing info and wants to run things by Mom, nothing Dad can do about that, really. In my parenting plan, I gave my ex permission to get the children's records or speak to their provider any time he wants so he doesn't need to go through me and neither does the provider. It's right there in black/white. Dad should look at having the same put into his order since he's likely revising the order for other reasons now anyway. Ultimately the provider would need to provide the records to Dad. On the daycare front, though, what kind of records is Dad requesting?

He's just asking for attendance records for the kids

 

[doc2b]

Update

Dad and mom had court this morning. Mom showed up with an attorney and the referee basically said that dad would be court ordered to pay CS according to the guidelines, and no more (they wouldn't hear him about her "potential" earnings-so she was imputed full time min. wage again). He didn't have to request a tax transcript because she brought her 2008 taxes...it states that she made $1400 for the tax year, yet she claims she held 3 jobs (2 at a time most of the year) in licensed professions


Bottom line is, his support recommendation was about $230 less per month than it is now, and (of course) she'll be objecting again, so they have to go before the judge next time...which will probably take another 6-10 weeks to get a court date. He did find out he's been overpaying each month by paying the medical supplement on top of the support (it was supposed to be rolled together), so he doesn't know if he's going to be credited towards future support with that or not (not a big deal one way or another).

So, I'm sure I'll be back with more of his questions later Thanks for everybody's help up to this point!