FOC Mistake with Support

[cecilboy]

Thank you Debbi!

That is our situation. Now the only problem is getting to court to recognise my husbands allowance hopefully avoiding any hearings to do so. I can just image the hassle - even though it was the FOC's mistake my husband will have to sort it out. I hope they prove me wrong and take care of this mess!

In court yesterday the referee, on record, had my husband and his ex recognise what the court is ordering for support. Will they have to go in agian to agree to the amendment if the support is changed?? I wonder....

 

[cecilboy]

The support recommendation is a summary of the support ordered. It does give the breakdown of how this was figured out. Actually, by mistake, this morning when I called FOC we found that she did not give allowances for our two children. This is why we need to look at the file and see a full print out of the breakdown used to calculate support.

In the future, my husband will ask, while in the court room, to provide a complete print out of the breakdown, not just a summary.

 

[kidoday]

Ok tell me if I am wrong here, but because the error is on the end of the FOC, shouldn't they modify the order accordingly without having another hearing?

 

[Deblynrob]

Thank you Debbi!

That is our situation. Now the only problem is getting to court to recognise my husbands allowance hopefully avoiding any hearings to do so. I can just image the hassle - even though it was the FOC's mistake my husband will have to sort it out. I hope they prove me wrong and take care of this mess!

In court yesterday the referee, on record, had my husband and his ex recognise what the court is ordering for support. Will they have to go in agian to agree to the amendment if the support is changed?? I wonder....

**I am unsure as to the answer to this question. I, personally, would file for a modification of support. I am almost positive this would require a hearing. In the modification, I would point out the mistake as the reason for wanting the modification.

 

[cecilboy]

The answer to my questions finally arrived!!

FOC just called me. She forgot to give an allowance for our two children. She said she thought for sure she would find everything was correct. She apologised and will be adding an amendment to the support order, have it signed by the judge and mailed out. No need to have a hearing!!

Thanks for all your comments! They put my mind at ease waiting for FOC's responce.

 

[VeronicaGia]

The answer to my questions finally arrived!!

FOC just called me. She forgot to give an allowance for our two children. She said she thought for sure she would find everything was correct. She apologised and will be adding an amendment to the support order, have it signed by the judge and mailed out. No need to have a hearing!!

Thanks for all your comments! They put my mind at ease waiting for FOC's responce.

I'm amazed they called you! FOC in Wayne, Oakland and Macomb Counties (and a few others) are inept at best. There was a recent five day investigation on one of the local news channels of how bad FOC is.

good for you! You took down her name, the date & time she called, what she said.....etc., right? If not, write it down while you've got it fresh in your memory!

 

[kidoday]

Good for you for staying on top of things with the FOC.

Congratulations!

 

[cecilboy]

I have all info documented.

For your future reference, I called the Lansing office too and spoke in detail to an analysis for child support. I called the number on the website and there was no automated stuff to go through first.

 

[mamadi]

Congratulations Cecilboy ! I've been reading your posts and have informed my DH that there is hope.

First of all, he had a temp. order (BM pays CS to DH) from Dec. for $56 per month. This amount was ordered to go up as of May 1st (hasn't yet). This past order was signed and sent to us a couple weeks ago. We noticed it had BM's wages the same as they had on the 1st temp. order ($206 per week).

I called caseworker. She looks in computer and says they based CS increase on $314 per week to just ignore the $206 "it's okay". Well, the $166 per month CS he is to be receiving only calculates out to an income of $240 per week. So if they actually did base it on $314 per week there is a big mistake in calculations. Doesn't really matter though, he hasn't seen one red penny of the increase that was to start May 1st.

DH calls (and calls and calls and calls) finally get through a while ago (after leaving umpteen messages). Asks caseworker to fax him the "breakdown" of how CS was calculated. "oh yeah, you should have that already. I can get that for you tomorrow. But I will be checking to see if any mistake was made". Come tomorrow I hope DH can even get through ha ha

Does anyone know why it would be taking so long to get the increase started ?? CS hearing was a month ago. Caseworker said BM's employer became aware of increase immediately following hearing.

Your case is encouraging though ! Perserverance pays off

 

[cecilboy]

Your husband has to wait to get the support?? My husband has been paying child support for nine years. The child support is calculated right there during the hearing. He leaves knowing his very next paycheck will reflect that change.

Did you download the guideline to help guide you through figuring out how much she owes?

 

[mamadi]

We've used CS calculators on websites geared toward NC. Is there another, more effecient guideline we could be using ?

To answer your question - yes apparantly he does have to wait. He's been receiving $12.92 per week (well , when it gets here) His CS was suppose to go up effective May 1st after CSE found out BM was making way more than min. wage as she claimed.

Well, he is still just receiving the $12.92 periodically. He calls the 800 number and it tells him his CS amount is $56 per month (it was suppose to have gone up to $166 - which now we think is wrong, too).

 

[cecilboy]

Wow, you have a sticky situation, I am in Michigan and I only know Michigan child support, each state is different. Sorry!! Did you post your questions to see if anyone may have some answers for your case??