Smug Mom Refuses to Work to Avoid Paying Child Support...

Added: 2026-05-30

[00:00:00]Reagan Richards, Legal Services of Northern Michigan for plaintiff Haley Vandy Kachov.

[00:00:04]>> Uh, good morning Ellie Blumbberg on behalf of Nicholas Vanderrove who's appearing via Zoom from my office.

[00:00:14]All right, we got a few different matters. There was a show cause also needed to address the calculation and the recommendation. And then there's also a motion, I believe, to change child support. Is that correct, Miss Richards?

[00:00:36]>> Yes, your honor.

[00:00:38]>> What do you want to say regarding the status of this matter?

[00:00:42]>> Um, well, as as you've established that there's a lot going on um for the show cause, um, Miss Vandy Kau has been in contact with Friend of the Court um to attempt to set up a payment plan. Um however, as indicated in the motion, Miss Fandy Kov is currently unable to work um due to a medical condition. Um she has a uh um an appointment with a specialist coming up this summer. Um currently she's not able her primary care physician is unable to diagnose her with anything that's outside the scope of her practice. Um hence the uh referral to the specialist. Um, so we would ask that her payments be set to zero. Um, in the recent recommendation, friend of the court indicated that there is a medical needs verification form. Um, Miss Fandy Kau has obtained that form and has given it to her provider. She just hasn't received that back yet. Um, and with regards to the um the most recent recommendation for child support, um the child care costs have not changed. Um at the bench trial before Judge Mertz last um fall, we agreed that the uh child support would be recalculated based on Mr. Vandy Kerto's new job. Um it's our understanding that that job is he has shifted to dayshift. So his child care should be for one child during the day.

[00:02:06]We do not believe that the child care costs listed are accurate and further the child care costs are over 50% of Miss Vandy Ko base support amount. So, we would ask that it be lowered um based on both that we do not believe the childare costs are accurate, especially um compared to other child care costs in the area for one child and the um the amount of the support.

[00:02:30]>> When did your client stop working? The best that you know, >> she has not been working. During the relationship, she was a stay-at-home mother. Um after leaving the relationship she did try to find a job but had issues with that and then um the the disability has been ongoing um but it was only after the birth of her youngest child that it became so severe that she couldn't work. So it's she has not it is it has been a while since she has had a job. She's not had a job through the duration of this proceeding.

[00:03:06]>> Thank you. Mr. Blumbumber, what would you like to say? Judge, I will try to be tactful. Um, Miss Vanderache is a fraud.

[00:03:14]She is collecting Medicaid for the two for the minor children when those kids are covered under my client's health insurance that he's paying for every month. Um, she can the documentation she presented to the court was signed by a nurse practitioner, not even a medical doctor. We believe she simply doesn't want to work. She can work. She's receiving $2,000 a month in food stamps that she's probably not entitled to. I I don't think the relief that's being requested is appropriate absent some real accurate and professional documentation. She simply has an about $13,000 that she doesn't want to pay.

[00:04:01]And um I think the court should simply uh deny the request that she's asking for.

[00:04:10]>> Thank you.

[00:04:15]>> So Miss Richards, are you asking in opportunity to have an evidentiary hearing to provide additional evidence and proof that your client is incapacitated?

[00:04:26]>> Yes, your honor. Um, we would I don't know um if you would like to schedule an evidentiary hearing or just adjourn out a pre-trial. We would like to have it um after her appointment with the specialist. I believe the date is included in the motion. Um that specialist is with a medical doctor. Um as I'm sure we're all aware, nurse nurse practitioners can be as primary care physicians. It is hard to get an appointment with a medical doctor. Um so that's what that appointment is. Um, I also understand that it is hard to get a diagnosis for a disability. So, it may take longer than just one appointment with the um the specialist pain clinic in Driver City to get a diagnosis.

[00:05:09]>> Well, I think certainly a hearing it would be appropriate to see if that burden can be met to establish that she's incapacitated at some point to address the support.

[00:05:19]Obviously, I've got concerns that a support order went into a well, there was a support order with a lot of back support now that we're at.

[00:05:29]I don't know what our plan is to get that paid and make payments on that. Um, she's not currently working, but that doesn't go potentially go away and future support can be addressed and but back in time is going to be a much different issue. So, it's going to be on her to get some payments in. We're at this time, I'm not going to agree to some type of payment plan, but it always puts her every dollar that she pays puts her in a better light when it comes to dealing with the show causes.

[00:06:02]Then we can address the other support issues as well. Um, are the parties available July 22nd at 1:00?

[00:06:11]>> Let me just take a look, please.

[00:06:30]Uh, I am in the first day of a three-day trial starting the 21st.

[00:06:38]>> How about July 29th at 1:00?

[00:06:43]>> Right now, I am absolutely wide open.

[00:06:47]>> July 29th at 1 o'clock also works for me.

[00:06:49]>> All right. So, we'll set these matters for July 29th at 100 p.m.

[00:06:56]And as stated, you know, your client shouldn't be waiting around for some type of court ordered payment plan. She should be making whatever payments she can. And we'll readress the show cause as well on that date.

[00:07:12]>> And will that also address the um the recent the recommendation that was scheduled for today?

[00:07:19]Yes. Okay.

[00:07:20]>> And will that be a full or an evidentiary hearing?

[00:07:24]>> Yes.

[00:07:26]>> And like I said, it's getting a diagnosis is hard. If there is an issue with the doctor where they need more testing or more follow-up appointments, um would you like me to let the court know and potentially adjourn that or just continue with the evidentiary hearing with the evidence we have on that day?

[00:07:43]>> Yeah, I'd look to get as much in as we can. if there is some need to get some additional document, we can address that. Um, but this thing's been lingering a bit and there's plenty at stake. So, I think it's appropriate to at least we'll begin that day if there's some other additional piece of evidence we can address in additional date uh to deal with that.

[00:08:04]>> Perfect. And how long is that hearing scheduled for?

[00:08:07]>> I'm giving you the afternoon if you need it. So, you got three hours.

[00:08:12]You do need to file any witness and exhibit list 21 days prior. Uh, Mr. Blumbberg, anything additional today?

[00:08:19]>> I don't I don't believe so.

[00:08:21]>> Thank you. Miss Richards, anything additional?

[00:08:24]>> No, thank you, your honor.

[00:08:26]>> All right. Thank you both for appearing.

[00:08:28]We'll see you back here on this matter July 29th. Thank you.