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I am a disabled veteran medically retired 8 months ago. I…

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I am a disabled...

I am a disabled veteran medically retired 8 months ago. I divorced my ex-wife in the state of Oklahoma 4 years ago and have 2 minor children from the marriage. I currently reside in Virginia, her and the kids in Michigan. The decree stipulated that originally I was to pay $2000 per month in child support, with both parties agreeing to visit and adjust this amount based on the financial incomes/situations of both parties. She obviously has refused to do this and is in violation of the decree on several other counts. Appx 2 years ago, I hired a lawyer in the State of Michigan to attempt to domesticate the child support order to make modifications to it to take into account changes in income and situation. I have been told by each state that the other has jurisdiction over the case and that I have to go through them to make any changes. Recently, my wages, which are now about 40% of what I used to make were garnished based on the original support order. Just spent an hour on the phone with Oklahoma Department of Human Services Child Support Services who finally told me that Oklahoma has no jurisdiction over the case because none of us reside there in the state of Oklahoma, but, the judgement will continue to be enforced, though I can't make any changes to it because they have no jurisdiction.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in Oklahoma family court?

Originally, there was no judgement entered concerning the child support. I attempted numerous times to figure out what paperwork/motions would have to be filed with Oklahoma, but due to the fact that none of us reside there anymore, Oklahoma had NO jurisdiction and that the case would have to be domesticated in the state that her and the children currently reside in which is Michigan. The judgement was just issued Friday to garnish my wages. They are basing this off of the original divorce decree and nothing else

Lawyer's Assistant: Have you talked to a lawyer about this yet?

Yes. I retained a lawyer in the state of Michigan 2 years ago to attempt to resolve this issue. I was active duty at the time stationed in Florida. After more than $4000 spent, was essentially told that not much could be done about it.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. I am legitimately on the verge of bankruptcy. I have been enrolled in a debt relief program for the past 2 years, most of which was marital debt. Was barely able to make ends meet while in this program. I currently receive just over $4000 a month in military pension and disability, and now have had that cut in half because of this judgement. If I can't get this resolved quickly, I will go bankrupt which will ultimately hurt the kids even more. I have an entire binder with documentation and proof of how she has violated the decree, committed tax fraud, and identity theft using my name. PLEASE HELP

Submitted: 2 months ago.Category: Family Law
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5/29/2018
Family Lawyer: N.Brown ESQ, Lawyer replied 2 months ago
N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 184
Experience: Attorney
Verified

I am sorry that you are having such difficulty with this issue. I'm not sure why the previous attorney wasn't able to get anywhere when you attempted to file in MI a few years ago. But as you indicated, for you to modify the judgment for child support, it would have to be done in MI the jurisdiction where the mother and child live now. The process to do this is not complicated. Basically it requires the filing of An affidavit that the judgment is final and that you are requesting it be domesticated in MI, along with a certified copy of the original OK judgment. The affidavit needs to state the name of the parties, the last known address of the person you want the judgment to be enforced on, the name of the original court, the date of the original order, and that you are requesting this OK judgment be entered as a judgment in MI, and that it is a final judgment. The certified copy can be obtained in person or by mail, from the court in OK where the divorce was granted. The mother will have to be given notice of your request to domesticate the foreign judgment, and if she does not object and the court is satisfied that she was given proper notice then they will accept it and you will then be able to file a motion for modification of the support order. If she objects then there would be a hearing where you would both have to convince the court why the judgment from OK should/should not be domesticated in MI. I will share a link to the Civil version of what the affidavit should look like to help you in drafting your affidavit.

http://courts.mi.gov/Administration/SCAO/Forms/courtforms/mc62.pdf

You will have to make some amendments to this form such as replacing debtor/creditor with the appropriate party names, but this framework is basically what the form needs to look like when filed. I would contact the court clerk's office in MI where she lives and let them know what you are trying to do, they may be able to give you additional assistance.

Here's a link for obtaining forms and instructions for filing the modification once the judgment has been domesticated in MI.

https://michiganlegalhelp.org/self-help-tools/family/i-need-change-or-get-child-support-order#

Lastly, you can contact local attorneys in MI who can just draft the paperwork for you if you don't feel comfortable doing it on your own. Just having them draft the paperwork will be significantly less then having them represent you in this legal action.

Please let me know if there is anything else you want to discuss. I would be happy to continue this conversation. If so just reply to this response. If you are satisfied with this response, please Accept the answer and provide a rating. Doing so costs you nothing extra. Experts are independent contractors and customer ratings are the only way we are compensated for the time reviewing and responding to questions as we are not employees of the site. You may also get a request for a telephone call, but that is from the site and not the experts. I hope your legal issue works out to your satisfaction, and thank you for you service.

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Family Lawyer: N.Brown ESQ, Lawyer replied 2 months ago

If you are satisfied with my responses to your questions, please accept the answer, and provide a rating (5 stars would be appreciated). It costs you nothing additionally to do so. The experts who answer your questions are independent contractors, and customer ratings are the only way we are compensated for our responses. Thanks, ***** ***** hope everything works out to your satisfaction.

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Family Lawyer: N.Brown ESQ, Lawyer replied 2 months ago

Please let me know if you have any further questions. If you are satisfied with my responses to your questions, please accept the answer, and provide a rating (5 stars would be appreciated). Thanks, ***** ***** hope everything works out to your satisfaction.

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