FOC Mistake with Support

[cecilboy]

What is the name of your state? Michigan
Today my husband had a hearing to modify support. We were suprised to have the support raised and not lowered. My husband represents himself and did not look at the details of support order in the court room. Later that evening I found the mistake the that FOC made. The tax status they used for my husband was single when it should have been joint. The judge asked my husband in the court room if he was married or single and then told the lady calculating the support that for tax purposes he is joint. Knowing the mistake was made by FOC will this be a simple thing to fix. Or, since my husband overlooked it in court will he have to file more forms and appear in court to have it fixed? What is the next step to correct this?

 

[VeronicaGia]

Technically it might make no difference or very little. Sometimes when orders are figured, they don't take the spouses income into account as far as wanting proof of it, but the court can assume that since the spouse is working, there is more "household" income, therefore the NCP can "afford" more support. So, sometimes it's better if they use the "single" calculation.

However, when is the last time support was modified? What was his income then versus now? Is the child/are the children now over 13?

 

[kidoday]

You can download the CSES Guideline and see what difference it would make. I will get the link in a bit.

Veronica, why did you ask if the child was over 13? I am curious if this makes a difference.

 

[VeronicaGia]

Sometimes support is raised when a child reaches a certain age, such as 13, because "their needs are greater."

 

[kidoday]

Here is the link.
http://courts.michigan.gov/scao/services/focb/mcsf.htm

I hadn't heard of that.

 

[cecilboy]

I have the program, that is how I knew the support was supposed to go down. I spoke with FOC today and she said if it is changed to joint it will raise the amount. I spoke with her about Worksheet A3, she did not give allowances for our two children. She said it is already calculated into the guideline. I disagreed with this... the more exemptions added, the more the support goes up unless they give an allowance for the other children. She has to call Lansing to see if this is how the program works. AAhh. If she is correct, it doesn't make sence. If my husband and I have more children the support will keep going up because that is another exemption. I am still waiting to find out what she finds out.

 

[kidoday]

I would like to know how you were able to speak to an enforcement officer at the FOC. My county FOC refuses to discuss anything over the phone and will only respond by mail.

I just looked at my worksheet and worksheet B gives my ex a deduction for his other child living with him, almost 10%.

 

[cecilboy]

I believe this lady entered the info wrong, not giving my husband the allowance for our two children.

I live in Montcalm county, I just called the number and waited through the automated info, then spoke to the office. Even though I am just the wife of the plaintiff, I have always been able to get through.

 

[kidoday]

What does worksheet B have on it?

You being able to speak to the lady infuriates me. They refuse to speak in person. Their phones are always answered by voice mail which specifically states that if it is an accounting question you will be answered by mail.

 

[Deblynrob]

I have the program, that is how I knew the support was supposed to go down. I spoke with FOC today and she said if it is changed to joint it will raise the amount. I spoke with her about Worksheet A3, she did not give allowances for our two children. She said it is already calculated into the guideline. I disagreed with this... the more exemptions added, the more the support goes up unless they give an allowance for the other children. She has to call Lansing to see if this is how the program works. AAhh. If she is correct, it doesn't make sence. If my husband and I have more children the support will keep going up because that is another exemption. I am still waiting to find out what she finds out.

**I live in Michigan. Am I reading this correctly, did you say that she did not give allowances for your two children and it was already calculated into the guideline? If so, that is not true. I pay child support to my ex for our daughter. On Worksheet A3, his other two children are listed. I don't believe it is already figured in.

 

[cecilboy]

I am using the Guideline 16 program. There is no worksheet B, just A1, A3 and C2. Worksheet A3 - Totals has a location stating 'number of other children'. The lady at FOC say this is only if he has existing order for other children not living with him. Which doesn't make any sence, right above this they have a spot for Weekly adjustments to net income for existing orders.

I don't know what is going on in that office. I am still waiting for her to call me.

I agree with you Debbie, his allowances were not calculated into the support automatically by guideline. What scares me is that they have been calculating support wrong for how many cases? This is not something you can see in the summary. Two years ago when the support was changed we disagreed and brought our fingures into the FOC, they would not even look at them. They said it was different because in March of 2001 the guideline changed (my husbands cs was changed in Feb.) So, two years ago did they calculate the support wrong?

Is it possible to go to the FOC and see the information in the file?

 

[cecilboy]

Debbi,

Are the two children your ex has for allowances his natural children and are they living with him?

 

[Deblynrob]

"Is it possible to go to the FOC and see the information in the file?" cecilboy

**I was able to go see my whole file, just by going to the county clerk's office in Lapeer. I gave them the case no, told them I would like to see it and they got the file for me. If I wanted copies, I had to pay for them though.

 

[Deblynrob]

Debbi,

Are the two children your ex has for allowances his natural children and are they living with him?

**Yes to both questions.

 

[kidoday]

Each county is different if they will allow you to see the file.

Hmmm, now I have to look at guide 16. Mine was off guide 15. Don't you have a copy of the FOC support recommendation?

If you can't get any support with your FOC you can always file a grievance against the office.