Need to be pointed in the right direction. Any help would be appreciated.

Discussion in 'Child Support' started by confused44, May 2, 2012.

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  1. confused44

    confused44 Law Topic Starter New Member

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    I reside in Michigan. I have been divorced since Aug 2010 and have 2 children (Joint Legal Custody, Physical Custody to me) I receive no Child Support, provide the Health/Dentaln Insurance for us and in the divorce decree it states that my ex will pay half of the cost of Doctors visits/care for the children. My ex has not worked since Feb 20, because of his own health reasons and is currently waiting on a decision from SSI/Disability as well as DHS as to when/if his case will be addressed and he may receive support from the State/Government. I have several problems. I have asked him several times for money for the childrens bills as ordered and I have not received a dime in over a year. What can I do about that? I have already filed Bankrupcy because of this guy and now he wont follow the order. Also, last night he informed me that he would be taking in a "roommate" to help pay his bills at his home. Yep, that's right a male "roommate". He lives in a 2 BR apartment. I asked about the sleeping arrangements when the children have scheduled parenting time....his reply was "Not Sure Exactly".....I have not done any backround on the new "roommate" however I believe that he does not know this person well (like only 4-6 weeks of talking over Facebook and texts. A few in-house visits) and my fear is that the "roommate" is some type of criminal/has a record. Is there anything that I can do to limit/restrict the ex's parenting time?? Also, my ex is very explosive....that among many other things is why I left him with the kids. I have had a PPO against him in the past (during the divorce) but that has expired. I went to my county courthouse today to ask questions but that is like getting a straight answer from a kid....they just talked in circles. :( I need real help.
     
  2. Proserpina

    Proserpina Moderator

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    First let's take the financial aspect. You can take him back to court and try to have him held in contempt for non-payment. This may or may not happen. Given that he has a disability case going on, the court may be more lenient with him than they would ordinarily. Or , you can try to sue him in small claims (if you've paid the full amount) for reimbursement.

    Second, the room-mate.

    It's honestly - in the eyes of the court - none of your business unless you can prove that this person is a threat to the children. If Dad has spent several weeks talking to this person and wants to help him out, that's up to him - the courts will trust his judgment, just as they trusted yours when you decided that Dad was good Dad material :)

    I see no reason at all for restricting parenting time. There's no emergency and your children are not in any danger.

    So, if you have a court order for parenting time and you refuse without a darn good reason (and I mean an emergency - not that you don't know/like the new roomie), you can find yourself held in contempt.

    If you do it often enough - you can lose custody to Dad.

    By the way, the court employees are not allowed to answer legal questions.
     
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  3. army judge

    army judge Super Moderator

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    OP, Proserpina has dispensed some excellent information.
    So, I will only add that IF your "ex" does eventually get disability benefits, you likely will get paid.
    But, it might be a drastically reduced amount.
    Why, do I say that?
    Well, social security (SSI) payments are often untouchable, as far as child support goes.
    This excerpt from a well written article explains it well.
    Even if he were to receive SS payments, his obligation would likely be adjusted downward.
    Either way, this would be considered a significant change in circumstances.
    By the way, this article was written by a Michigan attorney.



     
    Last edited: May 3, 2012
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