Wednesday, November 20, 2013

November 8, 2013 2nd Offense Felony Non-Payment of Child Support Sentencing

Well, sorry it has been a while since I posted on here. Things have been busy the last year and some justice has finally been had in my case. As I can not stress hard enough, the only way to get the courts to fully enforce the rights the State of Michigan has given to them to pursue the Court Ordered support(s), is to push the courts yourself. This is a tiring and often frustrating task to take on. Don't be quiet, stand up. You must attend every court action, keep accurate records, get a copy of the FOC handbook and highlight what actions can be taken and point those out to your case worker. Follow those sessions up with a well written letter (can not stress this enough...must send things in writing), send to the FOC Enforcement Officer assigned to your case and be sure to cc (carbon copy) to the FOC Administer, Circuit Court Judge, and The Michigan Attorney General Child Support Division. Be factual in your accounts of what has transpired in your case and what was not done that so that it will be noted in your file. Believe me, you may think this will end up in a trash can, it's not, it goes into a your file and will help as your case progresses through this tedious and often misused system.
I know this for a fact, it has taken years and I have had my case moved through 3 separate counties (same case though). But I alone have pushed and through my pushing, letter writing, verbally demanding when warranted stand, I have managed to get the deadbeat in my case finally charged by The Michigan Attorney Generals Office and convicted for his 2nd Felony of Non-Payment of Child Support. The deadbeat in my case is my ex-husband and father to my 2 children. He has since 2007 been living on "contract 1099" jobs as to not be traceable by the system and has become over $50,000 in arrearages (enough to warrant this prosecution). He has served 5 separate stays in county jail (1 being his 1st Felony, the other's for contempt of Show Cause) since 2007. On November 8, 2013 he was sentenced here in Calhoun County Circuit Court. The attorney representing the Lansing Office of The Attorney Generals Child Support office was present and I did get to speak to her in length about my case, what has and what was about to transpire. She had all my correspondence, she conducted interviews with our Enforcement Officer (who like me or not, was forthcoming and did admit that I had not received all that could hand and should have been done). I had a Victim's Impact Statement I was prepared to read before sentencing. I was told that there was a plea agreement on the table and accepted, that they where happy for me to be heard, but not to expect any change. The plea agreement was for him to be released that day with time served and 18 months only of probation. I was not accepting this, and I have that right to state that fact and ask for the plea not to be accepted. I did (please see a copy of the Victims Impact Statement at https://www.facebook.com/MiFriendOfTheCourtChangeNeeded?ref=hl and to the total surprise to everyone in that court room, the Judge revoked the plea agreement and sentenced him to 1 year jail with the added sentence in luau of probation, that he appear mandatory every 6 months before the Circuit Court for a review of his payment and history until the balance is paid in full. This was the result of my statement and hard work.
I know and the attorney confirmed that this type of deadbeat often will not change. I do not plan on seeing any of the monies owed, if I do it will be a bonus. But justice was had, I had my say in court and my children seen how hard I have pushed and worked for them, I am the only parent they can rely on. He has even given that up and it is ONLY HIS FAULT.
So please, if anyone needs assistance, I would be willing to help anyone, we can build strength in numbers and help reduce and get better punishment for deadbeat parents.
Change needed in Michigan FOC system: Change is needed the Michigan FOC system