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Michigan Step Moms (or bio)

just.his.wife's picture

Ok this is going to sound alot weird: I am actually trying to help a BM.
Really long story made short: her XH cheated. Came home one day out of the blue, moved out and moved in with his 22 year old 'assistant'.

Old order:
XH made about 80k a year. Her CS order is from Michigan and was determined when she and her ex huband had 50/50 that he would pay her 1k/ month. Five years ago she moved to Florida. She has both children full time father sees them 2 weeks a year (his choice she has offered more time). While custody was modified in court, cs was never updated. She has been receiving the $1k per month for the last five years.

Michigan recently sent her a letter that her XH is seeking a cs modification and he has apparently been taunting her via phone and email that her payments are going to go down because the kids are older (teens) and dont cost as much to raise anymore??

Mom is disabled (in a wheel chair currently with MS and she is seriously impaired physically) was diagnosed at the time of divorce but not disabled(yes, XH left her two months after she was diagnosed with MS). I told my friend I do believe her payments will actually go up, not down and her xh is going to kick himself. I think that because the time split changed (legally) and she has the kids 96% of the time instead of 50 that he will likely be found liable for a higher cs amount.

Her question: Does she need to hire a lawyer for this to protect herself or will Mighigan cs people be able to handle it withouth lawyer interferance (she really cannot afford an attorney). And so she can budget/plan does anyone know how to do the calculations?

Mother annual income (diability $494.00 per month x 12= $5928.00)
According to the documents she got XH is stating that his annual income is $106k
Father is responsible for 90% of medical costs due to a refusal to cover the girls on his insurance policy (this is Co'd)

Comments

just.his.wife's picture

Dad is the one who requested the modification.

He is entitled to:

1 week at Christmas (mom has to pay transport costs)
1 week at Easter (mom has to pay transport costs)
6 weeks during the summer (his responsibility to pay transport costs)

He only ever sees the kids during Christmas and Easter breaks when mom has to pay transport. Will not pay to transport them to MI when it is his time/responsibility during the summer.

Father refuses to place them on his employer health plan instead was ordered by the court to pay 90% of all healthcare for the girls due to refusal. He is currently roughly 12k behind in paying providers. Both girls need braces, he took them to a dentist over xmas break in Michigan and he was told by the dentist he picked that they needed the braces (one has extra teeth and her front six teeth are all squished into a 1.5" area- the other has a severe lisp due to a dramatic overbite) the girls were told by their father "Do not tell mom what the dentist said" and "You cannot get braces until your 18 I will not allow it".

If he is sounding like a schmuck its because he is. I got to hear the voice mail he left her telling her his cs would go down $500 a month and he was buying his new wife (the assistant) a new car with the extra money.

just.his.wife's picture

From my understanding her parents are paying for the girls airfare. The BM moved to Florida due to health issues, parents who are helping the BM with her health issues live down here permanently.

simifan's picture

http://www.alllaw.com/calculators/childsupport/michigan/

Should be a simple plug in... I would let him shoot himself in the foot. Though I think she should visit Florida Child support office. I know when BM moved out of state... our state handled all the filings all we needed to do was give them DH info. After all, FL gets a piece of the pie & may be more able to fight for it them Mom.