Full question:
My child support is being reviewed and my ex submitted to the FOC that she is paying for child care when in fact she is not. A support investigation was ordered by the court and on the recommendation it states that the child care expenses were confirmed by her care giver. I have a feeling that she had someone lie for her. How can I make the FOC give me the caregivers name. Also how can I make my ex prove that she is paying for child care, like make her show receipts or canceled checks. I know that she is not paying for child care because she stays home with her older brother.
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: Michigan
Answer:
When a divorce decree is issued by a court, that court retains jurisdiction to modify its order. A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Child support may be modified if there is a significant change of circumstances. The court's decision to grant a modification is based on the best interests of the child. A motion and petition are generally the same thing, they are formals requests to the court for something. If granted, the court will issue an order. When the order is made, the requests in the motion/petition become enforceable.
Typically, the right of a third party to inspect business records falls under the rules of discovery when a legal action is filed. Business records can be requested through a request for production or requested to be brought with someone like a witness or person being deposed with a subpoena duces tecum. If the FOC isn't named as a party in a lawsuit, it may be necessary to obtain the records through a subpoena duces tecum. A subpoena may only be issued by a court officer, such as a judge, attorney, or court clerk.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
