My question involves a child custody case from the State of: Michigan
I'll start by giving a little background on my case. My ex filed for modification of support for an increase in child support in June 2017. The initial clerk calculation was incorrect and had my income calculated $15,000 per year higher than what I actually make (supported by years of W2's and current pay stubs). I filed for a referee hearing. The referee was the head of the friend of the court for that county and a personal friend to my ex. My attorney and I explained in the referee hearing how the calculation was incorrect as it was not taking into account my other biological children from other relationships that I support, health insurance paid for children, overnight's, and the income calculated exceeded what I make in full time capacity. My lawyer explained in detail how the calculation was wrong and was not properly following the state's formula. We were advised by the referee that she was right and we were wrong. I then filed for a judicial hearing and was in contact with the main friend of the court office in Lansing, MI. I received all of the documentation from the state of Michigan that explained in detail how the calculations the local friend of the court performed were incorrect and provided that documentation in my judicial hearing.
During my judicial hearing the judge agreed the calculations were incorrect and directed my attorney to submit the paperwork to the friend of the court for recalculation. My ex did not dispute the objection to the referee support recommendation worksheet my attorney completed which had the correct income calculations. On April 24th, 2018 after the time for my ex to dispute the order was over the signed order to direct the friend of the court to recalculate child support pursuant to objection to referee recommendation worksheet was provided to the friend of the court. It is now over 3 months and no recalculation has occurred. I contacted my case worker and was advised because the order didn't specify a date when the re-calculation was required to be completed by, they will get to it when they have time. Pretty much no rush and they'll get to it when they feel like it. How long does a re-calculation usually take after an order for recalculation is sent to the friend of the court? If over 3 months is excessive, what options do I have to get them to do the recalculation in a timely manner? Thank you in advance.
I'll start by giving a little background on my case. My ex filed for modification of support for an increase in child support in June 2017. The initial clerk calculation was incorrect and had my income calculated $15,000 per year higher than what I actually make (supported by years of W2's and current pay stubs). I filed for a referee hearing. The referee was the head of the friend of the court for that county and a personal friend to my ex. My attorney and I explained in the referee hearing how the calculation was incorrect as it was not taking into account my other biological children from other relationships that I support, health insurance paid for children, overnight's, and the income calculated exceeded what I make in full time capacity. My lawyer explained in detail how the calculation was wrong and was not properly following the state's formula. We were advised by the referee that she was right and we were wrong. I then filed for a judicial hearing and was in contact with the main friend of the court office in Lansing, MI. I received all of the documentation from the state of Michigan that explained in detail how the calculations the local friend of the court performed were incorrect and provided that documentation in my judicial hearing.
During my judicial hearing the judge agreed the calculations were incorrect and directed my attorney to submit the paperwork to the friend of the court for recalculation. My ex did not dispute the objection to the referee support recommendation worksheet my attorney completed which had the correct income calculations. On April 24th, 2018 after the time for my ex to dispute the order was over the signed order to direct the friend of the court to recalculate child support pursuant to objection to referee recommendation worksheet was provided to the friend of the court. It is now over 3 months and no recalculation has occurred. I contacted my case worker and was advised because the order didn't specify a date when the re-calculation was required to be completed by, they will get to it when they have time. Pretty much no rush and they'll get to it when they feel like it. How long does a re-calculation usually take after an order for recalculation is sent to the friend of the court? If over 3 months is excessive, what options do I have to get them to do the recalculation in a timely manner? Thank you in advance.
Modification of Support: Is Over 3 Months Normal for Recalculation After Court Order Signed and Sent to Foc
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