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suzyq26
01-05-2006, 08:28 AM
Why is it no one will help fathers that are busting their behinds but moms can lie, cheat and steal and get all the help they don't deserve. My fiancee's ex wife is robbing us blind and knows we can't do a thing about it. My fiancee is 30,000 dollars in arrearage after paying 50% of his income for over 5 years to a woman whom both children were born out of wedlock. We know that the first child is not his and the seconds birth cert. says father unknown. We can't get an attorney in alabama to touch the case because she filed in Michigan with pay stubs from his former job. We can't go to michigan to answer to any of this the last time it was reviewed was over 6 years ago and she presented false documents for child care (her sister runs a daycare) and forged papers. We believe she is recieving some support from the eldest childs bio. father because the 11 year old says he has met this man and he gives mom money. She has manipulated and lied to everyone and we are sick of it. Will a reduction in cs go retroactive if we can prove that he hasn't earned that income since leaving Michigan? We can't afford an attorney and she makes twice our combined income. We pay support to her even when we have the children during the summer for 4months. She has also threatened to quit her job. Is there any help for us?

confusedinVA
01-05-2006, 08:40 AM
It makes no difference if the children were born out of wedlock. And as far as the birth certificates, this also makes no difference. I am assuming that paternity has been established on your boyfriends child otherwise there would not be a support order. And no you wont be able to get a lawyer from Alabama to represent you in Michigan. You will have to find one in Michigan.

If the last time this was reviewed was 6 years ago consider yourselves fortunate. She is permitted to request a review every 3 years. Her receiving child support for the 1st child also makes no difference. If your boyfriend cant go to Michigan for a hearing he may try requesting a telephonic conference. Is there a court date set for a review or is your boyfriend planning on requesting one?

How were the daycare papers forged? I am assuming you mean she stated that she pays more than what she is actually paying. The only way that you could possibly prove that is if she claims daycare as a credit on her taxes. Since she has 2 children this may be a little complicated.

No, a reduction will not be retro. It will only be effective from the date of filing. Has he been living in Alabama since the review, 6 years?

And yes, your boyfriend will still need to pay support during the summer months as child support is calculated to include time with the ncp. If they had not included the summer visit, him payments would then be higher during the rest of the year. Hope that makes sense to you.

If she does quit her job, check to see if Michigan uses both parents income when calculating child support. If they do then it wont matter if she does quit because your boyfriend could then ask the courts to impute an income on her based on her previous employment.

suzyq26
01-05-2006, 08:56 AM
i hope that i am not misunderstanding you. Even if the bio father pays her we have too also. Michigan has the toughest child support laws in the country. No paternity has been est on either child and they can award on the moms word? This all came about the day she found out we became engaged. Listen I have children of my own that I pride myself in taking care of I made those children and their father helps but i could never take advantage of a man that supported and loved a child that wasn't his even after their divorce. She forged the birth cert. Robert never signed it. She did for him.

confusedinVA
01-05-2006, 09:03 AM
Oh, I misunderstood you. I thought your boyfriend was paying for his and bio dad was paying for the other. Now we have something different.

Ok, has paternity been established on the 1st child? Was there an order for your boyfriend to take a dna and he did not show? How long did he act like dad before they separated?

i dont understand how the ex could forge his name on the birth certificate, did she sign his name to it or did she just list him as dad? How exactly did it happen that his name is on the birth certificate?

suzyq26
01-05-2006, 09:45 AM
Oh, I misunderstood you. I thought your boyfriend was paying for his and bio dad was paying for the other. Now we have something different.

Ok, has paternity been established on the 1st child? Was there an order for your boyfriend to take a dna and he did not show? How long did he act like dad before they separated?

i dont understand how the ex could forge his name on the birth certificate, did she sign his name to it or did she just list him as dad? How exactly did it happen that his name is on the birth certificate?
No paternity est on first child. we are unsure of how to have the court order it. Rob is still acting as dad, this is a last resort for us (paternity) because we know she will never let us see them again. She listed him as father no signatures. When she and rob met she was engaged it was a one night thing then she slept with fiancee well fiancee is Hispanic Rob is white. she and fiancee broke up she found rob she had baby and low and behold he is hispanic. so rob in his infinite wisdom tries to make it work but after three years he left her cause she was up too her old games ( the oldest profession in the book)

confusedinVA
01-05-2006, 10:50 AM
Rob needs to file for visitation. The judge may order a dna test be done at that time. Does the bio dad see this child? Not sure how this one is going to go. Hopefully someone will answer your question who is a little more knowledgeable about this. This could be a problem since Rob has assumed being daddy for so long, even if dna is negative especially since he is paying child support. Was the child support court ordered? If it is, then they must have ordered him to take a dna and he didnt show up. In this case, the judge would make him dad by default. The only way this would be overturned is if bio dad wanted to fight this.

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