Blended Families

FOC Question for MI people

Has anyone paid their lawyer CS directly while awaiting the FOC in Michigan to set up garnishment?

We've been assisting a friend with their paperwork and he finally got a lawyer but is not completely comfortable with the arrangement they've come to while awaiting garnishment to begin.

The lawyer says he can send check directly to him and he will forward on to the mother and get the father "credit" for those payments while awaiting the garnishment to begin.

Has anyone had experience with this? My DH has only ever had direct garnishment from day one so while we knew to tell our friend not to send the money directly to the BM (for fear it would be viewed as gift, etc) none of us is aware how these credits will happen.

Re: FOC Question for MI people

  • DH didn't use a lawyer but when he took all the cancelled checks in as proof, it didn't count and he was charged with back CS. I don't know what a lawyer would do to actually GET the credit.
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  • I would think that a lawyer  would be seen as a third party so it would be better verification, but I will admit I have no experience with this.  almost wondering if he's better off putting the CS in a separate bank account right now until everything gets sorted out, then if he is ordered to "back pay" he has it all saved in a separate act....

    but I have no actual experience with this so I'm not sure, I know I would go off the deep end if DH paid CS and then went to court and have it "not count" though...

                           
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  • Child support should be put through FOC only. Anything else can be seen as a gift.
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  • Does he already have a child support case and he is just waiting for the garnishment set up? If he already has a case number he can still make CS payments while he is waiting, simply send them to MiSDU.  Child support is not paid through FOC in MI...all payments are made to MiSDU. FOC handles the cases but $ does get sent there.  If he doesn't have a case #, he should contact MiSDU to find out how he can start making payments. The lawyer thing sounds very fishy to me.  Also, interest is charged on back child support, so he should try to start making those payments ASAP.


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