Legal Question in Family Law in Michigan
Does child care have to be proven before a non custodial parent has to reimburse
My husband was taken back to court for an increase in child support. His ex wife said she needed the money for child care expenses. The children are 10,11 and 12 yrs old and live a few blocks from school. She claimed to pay $160.00 per week for an hour and a half each morning before school and this didn't raise any red flags. The judge never asked for proof and each time my husband tried to tell the judge that she didn't have a baby sitter for the children, the information was dismissed. The judge awarded almost a 100% increase in child support in which some of it is for child care reimbursement. This extra money allowed her to quit her full time job and plan a trip to London for herself and the three children. Meanwhile we scrape pennies just to make sure our children have food on the table. I need to know if it is the law that such expenses have to be verified. I did some research and believe that Michigan does require proof of child care expenses but we do not have the money to pay for an attorney to fight for us. This has severely impacted our life and the lives of our own children.
1 Answer from Attorneys
Re: Does child care have to be proven before a non custodial parent has to reimb
There are a lot of very competent, inexpensive lawyers out there. It will cost a lot more now to attempt to set aside this order than it would have to hire an inexpensive, good lawyer. To set this aside you will have to prove fraud. You could go to the place where she claimed to pay for the expenses and have them sign affidaivts that the kids have not been enrolled at the place and request a new hearing. This will be difficult but it may work. Use a lawyer.
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