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Legal advice/Child support PLEASE help

Posted by on Jan. 15, 2012 at 8:45 PM
  • 26 Replies

 I'm inquiring for my sister and this is kinda long but I will try to be to the point.

My sister recently went through a divorce and the divorce and custody was all done through mediation. They have 50/50 custody with my sister having slightly more than 50% and having primary physical custody. The ex husband was in the navy and when they were moving back from California to Michigan (pre-divorce) his mother set them all up for medicaid and food stamps until they would get jobs. After arriving here in Michigan and the divorce starting to take place, he kicks my sister off of their case, and since aid is on a first come first serve basis, he is the one receiving food stamps for the kids and he is the one who has their insurance covered. She has and had no chance of getting those things because of how it worked out.

He lives at home with his parents (who are pretty well off), pays no bills, has no job, and gets paid by the navy to go to college. My sister lives in a town home that is based off of income, busts her butt for 10 dollars an hour, and also takes college courses. There was never any form of child support on either end because of the 50/50 custody. Well in December my sister gets a letter from friend of the court that states they re-evaluated her case and that he should pay 83.00 a month for two kids in child support. If there is no objection in 21 days, a court date will be set to enter in this order. Of course, my sister didn't object. Court is Thursday, and as she looks at the paper work again today, she notices she was WRONG. SHE is supposed to pay HIM 83.00 a month. She didn't object because she read it wrong, which looks bad... I don't know what to do for her. She is ready to have a serious breakdown. She is struggling so much as it is, and she keeps getting screwed over. She is a great mom, and a great person. I don't think she will be able to afford this child support, nor does she deserve to have to pay it.

With court being Thursday, and her having no extra money for a lawyer.... I guess Im just looking for ANY sort of suggestions. This is just not fair.

natural_parenting.png picture by kwright9608


    Mommy of 2 Wonderful Boys!

by on Jan. 15, 2012 at 8:45 PM
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Replies (1-10):
cLanief
by on Jan. 15, 2012 at 8:49 PM
tell her to take all types of paper work showing income.. Any proof of his etc.. Bills etc..proof shes in school. She can represent herself. She just needs to have allll her facts. Good luck cuz that's f'n stupid.
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briansmommy7143
by on Jan. 15, 2012 at 8:53 PM

 I could cry for her :-(   Im kinda angry because I think she did things all wrong. She filed for divorce because he was mentally and, at times, physically abusive to her. He still calls her on a regular basis and puts her down to the point of making her cry. "You're a worthless, piece of shit mom" "You're a nobody" etc etc.  but she never brought ANY of this up in the divorce because he told her not to and she wanted to try and keep things civil for the kids. It's just like he keeps benefiting and she keeps getting pushed lower and lower. I seriously fear for her mental well being sometimes. A person can only take so much. She has been strong all this time but I see her breaking down if this continues...

Quoting cLanief:

tell her to take all types of paper work showing income.. Any proof of his etc.. Bills etc..proof shes in school. She can represent herself. She just needs to have allll her facts. Good luck cuz that's f'n stupid.

 

natural_parenting.png picture by kwright9608


    Mommy of 2 Wonderful Boys!

cLanief
by on Jan. 15, 2012 at 8:57 PM
she also needs to bring any proof of what u just said.. But she might get fucked cuz he has no job and she does.. Even though he lives with mommy and daddy which their income falls into how he gets fs and what not.. And how'd he get her taken off of benefits Without her?
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ermka
by Gold Member on Jan. 15, 2012 at 8:57 PM
1 mom liked this
She needs to call tomorrow and tell them that she wants to contest it (or tuesday, tomorrows a holiday) and then she needs to go to court thursday, take the custody agreement stating that she has just over 50/50 custody, any and all proof of income and expenses and a denial letter from the assistance office (stating she can't get assistance for whatever reason, she should be able to call and get a copy if she doesn't have one) if she has all of her "ducks in a row" then they'll consider everything.

I would also have her file an appeal with the assistance office, they should be going by household income and if her ex is living with his parents who are well off, then she should be able to get it for the.kids while they're with her.
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hautemama83
by on Jan. 15, 2012 at 9:07 PM
Who filed the cs order?
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CocoaKisses70
by on Jan. 15, 2012 at 9:17 PM

Child support is payed to the custodial parent( the one that the children primarily live with). Since he is retired from the Navy shouldn't they be paying for tricare( medical) and that would cover the kids instead of medicaid.

LiesLiesLies
by on Jan. 15, 2012 at 9:19 PM
Do they live with him?

If so I fail to see the problem.
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huntersmama711
by on Jan. 15, 2012 at 9:22 PM
She should be able to get legal aid, an attorney assigned by the state.
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briansmommy7143
by on Jan. 15, 2012 at 9:51 PM

 No, they live primarily with my sister. He has them slightly less than 50% of the time.

Quoting LiesLiesLies:

Do they live with him?

If so I fail to see the problem.

 

natural_parenting.png picture by kwright9608


    Mommy of 2 Wonderful Boys!

briansmommy7143
by on Jan. 15, 2012 at 9:53 PM

Quoting CocoaKisses70:

Child support is payed to the custodial parent( the one that the children primarily live with). Since he is retired from the Navy shouldn't they be paying for tricare( medical) and that would cover the kids instead of medicaid.

 If I remember correctly, he is the only one who is still covered by Tricare. I don't believe the kids are. I know my sister was no longer covered by it before the divorce.

natural_parenting.png picture by kwright9608


    Mommy of 2 Wonderful Boys!

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