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Here's a good one...

  • Thread starter Thread starter John Galt
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J

John Galt

Guest
What is the name of your state? Michigan

The Foc says I owe 440 in arrears and i write contesting the amount seeing how I actually have paperwork stamped and signed by the judge. I use their own paperwork to show where the mistake is, an uppage of 43.77 a month, and they justify it by saying there is, get this, 4.35 weeks in a month.

4.35 weeks? What the hell is that? Where on God's green earth is a month 4.35 weeks.

I have actual court paperwork stamped and signed by the judge on the amount for a week, every two weeks and a monthly total and they still go above what the amounts have been set at.

And no its not the 3.50 a month they tack on to process.

Phucking amazing. Rules and numbers out of no where.

j g
 


kidoday

Senior Member
You take 52 / 12 and you get 4.3 Some months have 4 weeks others have 5. This makes sure that you pay the actual amount weekly.

I don't understand how you get arrears if the amount taken out weekly is the monthly amount.
 
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kidoday

Senior Member
Does your weekly amount divided by 4.35 equal what has been deducted weekly?

Don't forget you are also required to pay the FOC fees. Usually .75 per week.
 
J

John Galt

Guest
Does your weekly amount divided by 4.35 equal what has been deducted weekly?

A. When putting in the amount of 543.77 a month ( judgement paperwork says 500 a month) and I divide by 4.35 it does come out to my 125 a week.

Does this override the judgement paperwork which states 125 per week giving the logical 500 a month?

j g
 
J

John Galt

Guest
This is the letter I plan on sending, your inpur Kidoday please.

Thank you for your timely response to this matter, it’s good to know someone is actually out there. I understand that you take 52 weeks and divide them by 12 giving you 4.3 and that’s fine. But, this is to be done at the beginning stages of calculating child support to come up with a total when no child support has been hashed out between the parties involved. In this case, a set amount was established between myself and the ex and the judge stamped and signed the judgment. Nothing more, nothing less. What the enforcement department has done is that they have raised my support by $10.94 a week without my “due process”, disregarding the judge’s ruling.

Your department has taken a piece of the determining formula used in the beginning calculations for support and has thrown it into my payments out of nowhere. My support has been established. I sent you copies of my divorce paperwork with, again, the judge’s stamp and signature.

In a nutshell, the enforcement division has gone back to step one and recalculated my support payment without any consent from anyone. I would like to see the paperwork that states a change from $125.00 a week to $135.94 a week, and $500.00 a month to $543.77 a month.

An increase without cause or judgment is unjust.
 

stealth2

Under the Radar Member
Now, reread your letter through the eyes of the person who's going to read that letter. Being snotty isn't going to endear you to anyone. Honestly? If I got that letter, I wouldn't be in any huge hurry to solve your problem, nor would I be particularly interested in helping you out - the first sentence would have pissed me off.

Rewrite it.
 

kidoday

Senior Member
Ok, pissing off your FOC enforcement officer is only going to be a strike against you with her/him.

You can get more with honey than you can with vinegar, and I suggest you may want to change your letter a bit. Tell them that when you calculate the agreed amount that was ordered of 543.77 and divide that by 4.35 it comes out to the amount of $125.00 that is being deducted from your check. Ask them where the additional amount that is being charged to your monthly amount is coming from.
 
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stealth2

Under the Radar Member
John Galt said:
Does your weekly amount divided by 4.35 equal what has been deducted weekly?

A. When putting in the amount of 543.77 a month ( judgement paperwork says 500 a month) and I divide by 4.35 it does come out to my 125 a week.

Does this override the judgement paperwork which states 125 per week giving the logical 500 a month?

j g

What does your judgement ACTUALLY say? $500/mo? Or $125/week? 'Cause if it's $125/week, the calculation of $125 x 52 = $6500/year. $6500/12months = $541.67/mo. Which puts the amount withheld at $2.10 above the calculation.
 

kidoday

Senior Member
John that does make a difference. Was your judgement signed on a monthly order or weekly order?

Stealth in MI the FOC typically likes to have the order stated in a monthly charge.
 

stealth2

Under the Radar Member
Well, he has it both ways in his post:

"judgement paperwork says 500 a month"

"judgement paperwork which states 125 per week"

It may well have it one way in the court order and the other in the FOC paperwork. It's impossible to tell what the court has ordered from John's post.
 
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stealth2

Under the Radar Member
I suspect, from reading between the lines, it says $125/week. John's interpreting it to mean 4 weeks to the month, while FOC is interpreting it at 4.35 weeks to the month (which is actually a standard interpretation). If it is by the week in the order, then John's cut off at the knees if he's been paying $500/month.
 

kidoday

Senior Member
Hold on. The FOC just changed to a new system charging the NCP a monthly amount at the beginning of each month. Like I stated earlier they only go on a monthly basis and not a weekly basis as they used to.

John if your judgement states $125.00 per week they have used this amount x 52 weeks = $6500.00 divided by 12 equals 541.66 per month. The 543.77 must include your FOC fees.

When you write your letter insist on them then dividing your monthly amount by 4.35 to equal out your $125.00 per week as per the original judgement. The figure will be 124.52.
 
J

John Galt

Guest
Thank you all.

My judgment papers read, "The child support shall remain at $100.00 per week". Next sentence, "In addition to paying child support, J G shall pay $25.00 per week towards child care."
Eqauling 125 per week in my eyes. So I guess the answer to Kidoday is that the judgment was signed on a weekly order. Any wording I should use to show the difference between weekly and monthly? Is there a difference?

Your explanation of the 4.35 says it all. I feel though they should have done this in the beginning so as not to blind side me with arrears. The letter posted has not been sent, pending insight from the board. I do have a positve letter drafted for a thank you.
And no, I wasn't being sarcastic in my opening line, I actually do have a repoir with the agent. She has been the one dealing with my letters and concerns. She is appreciated.

Thank you all. I look forward to hearing more about this if there is any.

j g
 

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