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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Does a Friend of Court Referee Judge have the authority to

Resolved Question:

Does a Friend of Court Referee Judge have the authority to alter, amend, modify or
re-arrange Defendants taxes presented for Child Support calculations?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Can you please tell me:

1) What state is this in?
2) Who is actually in question here - Friend of the Court? Amicus/Ad Litem? Who do they represent - the child? Or is this the Magistrate/Judge?
3) What do you mean by "alter, amend, modify, or re-arrange?"

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

State of Michigan


The person in question is F.O.C. Referee Judge


Defendant is self-employed and does not receive a paycheck. Referee Judge is illegally attempting to add back in many allowable deductions


claiming they are earned income.


Ely, please answer this question with a "yes or no" with case law and


solid information to back it up. In state of Michigan.

Expert:  Ely replied 1 year ago.
Friend,

Thank you for your clarification.

Does a Friend of Court Referee Judge have the authority to alter, amend, modify or
re-arrange Defendants taxes presented for Child Support calculations?


NO.

The law is clear. Income for child support purposes is defined under MCL 552.602(m) as:

(i) Commissions, earnings, salaries, wages, and other income due or to be due in the future to an individual from his or her employer or a successor employer.

(ii) A payment due or to be due in the future to an individual from a profit-sharing plan, a pension plan, an insurance contract, an annuity, social security, unemployment compensation, supplemental unemployment benefits, or worker's compensation.

(iii) An amount of money that is due to an individual as a debt of another individual, partnership, association, or private or public corporation, the United States or a federal agency, this state or a political subdivision of this state, another state or a political subdivision of another state, or another legal entity that is indebted to the individual.

They have to work within these definition guidelines.

The definition has been confirmed by Mich. Court of Appeals in Borowsky v. Borowsky, 733 NW 2d 71 - Mich: Court of Appeals 2007, which states:

The first step in determining the parents' support obligation under the MCSF is to determine each parent's net income in order to "establish, as accurately as possible, the monies available to support the children." 2004 MCSF 2.01(A). "Net income" is defined as "gross income minus all of the deductions allowed for the purpose of calculating child support." 2004 MCSF 2.01(E). Thus, in order to calculate net income, the trial court must first ascertain and then total the parents' various sources of income. The manual broadly defines "income" to include:

(i) Commissions, earnings, salaries, wages, and other income due or to be due in the future to an individual from his or her employer and successor employers.
(ii) A payment due or to be due in the future to an individual from a profit-sharing plan, a pension plan, an insurance contract, an annuity, social security, unemployment compensation, supplemental unemployment benefits, or worker's compensation.
(iii) An amount of money that is due to an individual as a debt of another individual, partnership, association, or private or public corporation, the United States or a federal agency, this state or a political subdivision of this state, another state or a political subdivision of 77*77 another state, or another legal entity that is indebted to the individual. [MCSF 2.01(B), citing MCL 552.602(n).]
Although this definition encompasses most types of earnings of and debts owed to a party, the formula specifically excludes some receipts from consideration as income. See, e.g., 2004 MCSF 2.03 (children's income), 2.05 (social security benefits), 2.07 (inheritances and one-time gifts), and 2.09 (means-tested income sources). Hence, under the MCSF, income is anything that falls within the definition provided by 2004 MCSF 2.01(B) and is not otherwise excluded from treatment as income under the MCSF. Finally, once the gross income is tallied, the trial court must subtract allowed deductions from gross income to arrive at net income. 2004 MCSF 2.01(E) (emphasis added). See 2004 MCSF 2.11(D)(7) (permitting deductions for particular types of expenses) and 2.12 (listing allowed deductions from gross income).


I hope this helps and clarifies. Good luck.

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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88143
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 5 other Family Law Specialists are ready to help you
Expert:  Ely replied 1 year ago.
Thank you for your gratuity.

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