I have joint custody of my daughter but she has been living with me for 4 years now. F.O.C has been taking large sums out of my account sayings it for child support. I've been to court of the matter and it was suppose to stop but it continues.
I would definitely need to see more information about your case, but I have a hunch your situation is like this.
At a custody hearing or subject to a divorce decree, you and her mother have joint legal and physical custody of your daughter. Your income is larger than that of the mother's and you were ordered to pay child support. If the FOC is garnishing your wages or account, at some point you fell behind and were in Arrears.
The garnishment is not only for the past due support, but also includes payments on your past due support obligation.
If you are now the primary custodian, or the sole custodian, the court needs to be made aware of this. Under the law, it will not affect your obligation on the Arrears, but it has a high potential to reduce your support obligation, if not turn the tables.
You may petition the court, yourself on a motion to modify custody and support. But I agree with the other attorneys that you will be best served by hiring an attorney to assist you.
Marlo D. BruchEmployment / Labor AttorneyKalamazoo, MI ·
If you have an attorney, you should address this issue with him/her. If you do not, you should at least have a consultation with an experienced family law attorney in your area to review the facts to see what the problem is and if you need legal representation to get it resolved. Your support order will have to be reviewed.
That is a VERY challenging Court system to navigate without an experienced Family Law Lawyer by your side. You need to ASAP file and serve your ex with a Motion to Re-Calculate Child Support, as the Court will likely only go back to the date you serve your ex with the Motion in granting you relief (not the date your daughter actually started living with you full-time 4 years ago). I wish you all the best of luck, and I hope you enjoy a nice holiday weekend. Warmest regards, Matt.
You should file a motion for change of custody or parenting time. This way you can have the court accurately reflect the custody arrangement so that you officially have sole physical custody of your daughter. That will stop your child support.
