Mom Loses Everything — Then Dad Demands SHE Start Paying Him!

Hinzugefügt: 2026-05-31

[00:00:00]We are here on um a motion um filed by the plaintiff um to modify support >> and Mr. Stoner.

[00:00:14]>> Yes, your honor, if I may proceed.

[00:00:18]>> Yes, you may. And I've read I've read everything.

[00:00:20]>> Okay, wonderful. Um, I'll try not to recapitulate everything, but there are some uh extraneous issues that uh were kind of brought in on the response that I think is important to address given the re request that my client be held in contempt. Um, as the court is aware, uh there are pel pending felony charges for two counts of uh child abuse, third degree against the defendant mother. And as part of that uh criminal case, there was a no contact order with respect to the minor children. Additionally, the parties effectively mirrored that by suspending mother's parenting time on April 24th. Yes, >> I I know all that. So, >> okay. Very good. Very good. Uh so, my client, it's pretty straightforward.

[00:01:05]Mother doesn't have parenting time.

[00:01:07]Father has sole parenting time. And he's requesting that the court suspend his child support obligation. And how he put it in his pro his uh prosay motion was that they reverse the child support um effectively asking that child support be assessed against mother on a temporary basis during this obeyance period of mother's um of mother's uh time with the children. Uh with regard I could give some case law citing the court's authority to do this. There's Roma versus Roma. Okay.

[00:01:37]>> I'm very aware of the I've been doing this for 35 years so you don't need to site it for me.

[00:01:42]>> Okay. Very good. Very good. Uh with regard to the response filed by the defendant, um I would state that well first he asks that um he states that because the temporary order the parties entered did not reference child support that therefore child support should by day factor not be included. I don't think that that is reasonable. Um to make that uh to apply that would say that every order has to be all-encompassing and that it must address everything or else if it doesn't then it's off the table. I don't think that that's consistent with the law. The law does provide that the court is allowed to apply support retroactively under MCL 552.603 to the time of the petition which is what we're requesting today. both that his be suspended and that support be assessed. With regard to the arguments related to the school, I don't know if the court wants to hear them. Um, but >> I did see that they were not that that one was noticed up for July.

[00:02:48]>> Correct.

[00:02:51]>> Yes.

[00:02:51]>> Okay.

[00:02:53]>> So, I I guess I would say that's not before me today.

[00:02:59]>> Okay. And just with regard to the request in the response that my client be held in contempt and jailed, I would say rule MCR 3.606 governs contempt proceedings and um it provides that an exparte motion must be filed and an order in entered proper service must takes place uh and then the court can issue an order to show cause. None of that has taken place. Therefore, procedurally, I'd say as a matter of due process, my client I think it would be improper for my clients to be held in contempt.

[00:03:30]>> That is not before me today because it has not properly brought before the court.

[00:03:34]>> All right. Thank you. Nothing further at this time.

[00:03:37]>> Mason.

[00:03:38]>> Uh yes, your honor. Um first of all, we believe that Miss Tru is innocent of these charges and we can prove it, but that's not in front of us today. Um he's asking a suspension of child support. We had a stipulated order that didn't discuss that. We I do want to bring to the court's attention that he is in violation of several signed orders to return the kids. He has not done that to the school for two months now. Um and now he wants to come in here and and not only suspend his child support, but now assess it against her. He's overplaying this hand in this trumped up criminal case that she has, which we believe we can win, which isn't in front of us. So, we'd ask their motion be denied in its entirety and we will be pursuing contempt charges because I this guy we had a a stipulated order to not move the kids and bring him back that he completely blew off. We filed an ex party that was signed. He blew off.

[00:04:27]>> I again it's not in front of me today so I can't address it. What is in front of me is a motion uh to modify support. Um the law is abundantly clear that child support is modifiable at any time based on a change in circumstances. There's certainly been a change in circumstances here. Um and um so I will grant um the motion to suspend support, but I will refer it to the front of the court regarding support um for an updated uh recommendation regarding the change in circumstances.

[00:04:59]And is there anything further? No, we'll be show causing on that contempt then promptly.

[00:05:04]>> Okay.

[00:05:06]>> With regard to the date uh that support would be authorized with that be to the date of the petition.

[00:05:11]>> Yes. The date of the filing.

[00:05:13]>> Thank you.

[00:05:14]>> Okay.

[00:05:15]We're journ. Thank you. Both parties are present representing themselves in the virtual courtroom. Um this is um the plaintiff's motion to enter a default judgment of custody. The court record does show that um no uh response uh to the uh complaint for custody has been filed by the defendant. Um nor has any motion to set aside the default uh been um filed. And uh so uh I guess Mr. Gardin, anything you have to add to what I I've already read?

[00:05:52]>> I just wrote a statement. Um >> I I don't know that that's necessary.

[00:05:57]>> Not necessary. Okay. Because she can't even speak right now, right? Like it since it's in default.

[00:06:02]>> Uh I am going to ask her to speak. But um uh Miss Mullins, anything you you are you are defaulted. So I'm just giving you a li limited opportunity.

[00:06:12]>> Uh if I'm already defaulted, there's nothing to say.

[00:06:15]>> Okay. Um All right. And I guess briefly I will let you um say, Mr. Why is it in the best interest of this um child that you be granted legal and physical custody?

[00:06:28]>> Um is it okay if I just read my statement then because that explains that.

[00:06:33]>> Okay, if it's >> it's not very normal.

[00:06:35]>> Okay. All right.

[00:06:37]>> Um it says, "I've been the sole provider and caretaker of Naa Gardin since late 2023. Miss Mullins decided she did not want the responsibilities of being a parent and left to Wisconsin at the time, saying she needed to work on herself. I accepted and I dearly love my daughter, so I had no problem taking her full-time, but I was expecting help in some way from Miss Mullins. That never happened. Um, she never checked in either. Um, I was, it was complete radio silence for 3 years. There were attempts to reach out, but no help was ever offered and all Miss Mullins wanted was some pictures and no interaction. It has been very difficult due to a few reasons. I am unable to properly file with DHS for help for NEA because I don't have full legal custody of her.

[00:07:15]So, it isn't counted towards any food stamps cases but her own. And on top of that, signing her up from school has also been a hassle. I really believe that ruling in my favor today would be in the best interest of Naa. She is my priority right now. And that's that's all I have to say.

[00:07:27]>> All right. Let me ask you, where did you get the child support uh amount of $37 a month from >> the website?

[00:07:35]Okay.

[00:07:35]>> I went to the legal help center at on the what is it the fourth floor, right, of the courthouse, fifth floor. Um, and they gave me a website to go to and said you need to put in your information to this website and it will spit out the numbers that you need to put into the paperwork.

[00:07:50]>> Okay. So, um, you used the Michigan Child Support Formula. Is that correct?

[00:07:56]>> Yes, ma'am. But I didn't have all the information regarding Ariana's workplace and her work info because I I don't know. I haven't heard from her. It's been radio silence for a while.

[00:08:04]>> All right. So, what did you use for her income?

[00:08:08]>> Just a base um, what was it? Walmart in or not Walmart a base um >> minimum wage >> Walgreens >> minimum wage Walgreens um thing cuz my mom ran into her at Walgreens working and so I assume that's where she worked.

[00:08:21]>> Okay.

[00:08:22]>> But that's all the information.

[00:08:23]>> How long ago was that?

[00:08:25]>> Um I'd say three or four months ago right before I filed the uh the last the first default statement that was not allowed because this is the third time we've gone into default. The first time was uh not filed properly by the clerk's office and so they redid the filing for the second time in the renotice and then when we came back for the renotice uh I had forgotten to sign and date one of the papers so then we had to renotice it again. So this is our third time doing that.

[00:08:51]>> Okay. Well, it appears that everything is in order uh and um the court will find that it is in the best interest of this child uh that plaintiff be granted uh sole physical and legal custody. um that all of the child Michigan child custody factors do favor um the father um based on uh no contact by mother with this child for a very long time. The child support formula based on the information that the plaintiff has provided the court uh is appropriate in this case. Um and uh the court will enter the judgment of custody. We're adjourned. Uh we are here on the plaintiff's motion to enforce the judgment of divorce and for an order to show cause. Um and uh Mr. Burpie, I have read your motion. Uh but um Mr. Bury, >> I will simply state I have uh nothing substantive to add to the motion, your honor. We're simply trying to resolve this issue of the personal property that remains on plaintiff's property.

[00:09:52]>> All right. Thank you. Um Mr. Merritt, I didn't see that you filed any written response. So, what is your response?

[00:09:59]>> Uh, I can go get the stuff whenever you allow me to. You when we went to court for the PO, you had said that I wasn't able to go over there at all. So, I've been waiting to hear from you guys, basically.

[00:10:12]>> All right.

[00:10:14]>> And as far as I know, the PO is done.

[00:10:18]>> Let me stop you a minute. Um, Mr. Burpee.

[00:10:21]>> Uh, I'm a little bit confused because, uh, as the email attached to our motion indicates, Mr. Merritt has told us that he does not want that property, which is why we were simply seeking the court's permission to dispose of it.

[00:10:39]>> Mr. Merritt, what's your response?

[00:10:41]>> Um, the only way I don't want my property is if I get my one-third of the house. No, that was what was mentioned in uh mediation is if I didn't get my property, I'd like the one-/3.

[00:10:55]>> Okay. Well, what's important is what is in the judgment of divorce.

[00:11:03]>> And Mr. Burby, you want to respond to that?

[00:11:12]Mr. Burby, can you hear me?

[00:11:17]That that question is for Mr. Merritt.

[00:11:19]Correct, your honor?

[00:11:20]>> No, I was asking you about the judgment.

[00:11:22]He Mr. Merritt is indicating that something in the judgment requires him to get a third of the house.

[00:11:30]>> Uh I don't believe that's correct, your honor. The house was awarded to plaintiff >> and that is my understanding from reading the um yes, the real property. It's on page two, paragraph four. The real property commonly known as 54 Kenton Street Southeast Grand Rabbits, Michigan 49548 continue with all pertinances and improvements thereon is awarded plain if it's for sole and separate property freeing clear of any claim, right, title or interest of defendant. Um, and so we're not I mean that's not in the judgment what you just mentioned and we are here regarding your failure to abide by uh the judgment and you've been been very clear about the fact that you haven't >> but you're saying you're hold on but you're saying now that you do want that property.

[00:12:20]>> I I've always wanted the property.

[00:12:22]>> Okay.

[00:12:22]>> But what happened was when I went to jail you told me I couldn't go and get it. So, and you told me to wait till June 3rd for us to go back to court, and that's what I was waiting for. And I mean, I've been emailing since the day after mediation that I couldn't complete some of the stuff. There was it was never supposed to be put in there that I was going to take down the fence and things that was >> whatever. Again, I can't go back and I can't listen to whatever happened in mediation. What the court has is bound by what you're bound by is what's in that judgment of divorce.

[00:12:55]>> Okay? and I get the stuff.

[00:12:58]>> Okay, >> it's I'm just there was a PO you and then you told me I couldn't go at >> all hang on hang on hang on Mr. Burpie >> uh we're happy to arrange a pickup your honor as I'm sure you read the proposed order is to give Mr. Merritt another month to pick it up uh but if he doesn't do so then uh plaintiff may dispose of the property. All right. I I will grant that request.

[00:13:27]Um given the PO, I will not hold Mr. B.

[00:13:30]Merit in contempt, but he should understand that if he does not arrange with Mr. Burpie to pick up this um property within 30 days through a third party um that um Miss Merritt can dispose of it. We are here on uh the defendants's uh motion in order to show cause against Mr. Jones, Mr. Glover.

[00:13:56]>> Yes. Well, this is uh actually a matter of second impression. This court already heard all of these allegations on and entered into order October 31, 2026. And this court actually provided one of the more thorough uh opinions and orders I've seen and it was very clear what was expected, what the penalties would be.

[00:14:17]And since that time that the the uh the plaintiff has not has continued to fail to uh abide by those uh by that order.

[00:14:27]and I received a a sort of response uh from plaintiff and it seems like there's no real excuse for or denial that these violations have happened. It's more of um trying to relitigate this court's um October decision. But this court was very clear. This court said you need to make these payments. You need to transfer title and you need to do it within a certain amount of time. Uh, I provided a brief in support that quoted portions of this court's order. And when I do all caps and in bold, that is not emphasis added. That's this court's directives. Um, and this court promised certain relief if uh if this was uh not handled and in including uh daily fines and we're now 189 days from the deadline for the pliff to perform these actions.

[00:15:19]We submitted with our brief and support pictures of post-dated checks in violation of this order. I don't think there's any dispute. This is a really simple situation. This court set forth clear directives and the plaintiff is not following them. Um our requested relief right now is uh a total of $8,454.82 to my client. That includes the $6,8996 principal owed uh for her equity in the retirement account plus $635.76 cents. That's for statutory interest. I provided in the brief of support the calculations following the statutory interest rates uh for each sixmonth section. And then I would ask this court to uh also pay $920 in reasonable attorney fees. it' be $20 for a motion fee and $900 which it would just be uh I'm sorry three three hours at uh $300 an hour. And I would also ask this court to consider imposing a fine. this court is empowered to impose a fine up to uh $7,500 and perhaps even in uh in a manner in which this court could allow him to purge his contempt um if he pays my client what's owed to her within a certain amount of time. Otherwise, he's subjected to that $7,500 fine. I don't know what else we can do. this court's um this court's objective with these contempt hearings is just to inspire a party to follow this court's directives and I'm not sure what else we can do at this at this juncture after this court has already been so clear. So I I'm asking for harsher fines for that reason.

[00:17:03]>> Right. Thank you. U Mr. Jones, I did read um your response. I also noted that you filed a motion for contempt.

[00:17:12]However, you did not follow the court rules and it is not properly before the court. So, I'm just going to ask you um and and it looks like you literally made a copy of the entire legal file and filed it. Um so, um I'm just going to ask you to narrow your response to why you haven't complied with this court's order.

[00:17:33]>> Okay. Your honor says, "Good morning, your honor. For the record, my name is Jeremy Jones. I'm here today to represent myself and I am respectedly asked the court to dismiss the defendant's show motion of show cause and grant my counter motion of contempt.

[00:17:46]>> All right. I've already addressed your counter motion. It's not properly before me. So that's denied.

[00:17:51]>> Okay. So your honor, >> it's dismissed because it's not properly before the court.

[00:17:56]>> Okay. [snorts] So the standard for civil contempt requires a finding that I willfully and intentionally defied the court's order. I stand before you today and say that I did not. My inability to pay a lumpsum equalization was not an act of defiance. It was a mathematical impossibility directly engineered by a campaign of financial fraud and sabotage orchestrated by my ex-wife Candace Py.

[00:18:20]>> All right, let me just stop you there.

[00:18:23]You cannot relitigate the judgment. This is a very clear you owe the money.

[00:18:30]So, we're not going to go back and and relitigate why you owe the money. You owe the money.

[00:18:35]And again, the question is, why haven't you paid it? That's the only question.

[00:18:39]Your >> honor, >> sorry, >> I said I don't have it, your honor.

[00:18:45]Right.

[00:18:48]>> I attempted to try to give Candace the title for the Jeep. Um, she had traffic fines that almost issued me a bench warrant, which would have imposed my ability to be able to get a security clearance that she refused to pay.

[00:19:05]twice.

[00:19:08]So the previous previously she had tolls that were unpaid worldwide.

[00:19:13]>> Again, this is all this has nothing from the perspective of the court right now.

[00:19:17]There's an order for you to pay this money and you haven't paid it.

[00:19:21]>> What she may or may not have done is not relevant to this this this particular issue.

[00:19:27]>> Okay.

[00:19:29]>> All right. Um, I am going to um find uh the plaintiff uh in contempt of court for failing to abide by this court's very clear order. Um, and I will grant um the motion in full. Um, I will um hold the fine in obeyance provided that the um plaintiff pays uh the the balance due within 30 days. Um, if not, the court will impose the fine and the defendant may reduce the entire amount to a money judgment.

[00:20:06]>> Okay. Your honor, I don't have it in mind.

[00:20:10]>> Right.

[00:20:13]>> Your honor, would you like >> would you like me to prepare an order and then if so, would you like me to just put it in the form of a scale form emailed to your assistant today or I can submit something under the seven-day rule?

[00:20:25]>> Uh, no. you you can provide a proposed order via um email. That's fine. As long as I have >> I'll have that submitted within an hour.

[00:20:34]>> All right. The other thing is the attorney fees. Um I did not see that you attached the required um at least I don't think you did. Um >> your honor, you're correct. And so I understand those are uh denied then.

[00:20:48]That's fine. That's a minority share of this.

[00:20:51]>> Okay.

[00:20:51]>> We'll withdraw that request.

[00:20:53]>> All right.

[00:20:55]Um, let me just make sure I got everything else here.

[00:21:06]>> All right. Thank you. We're adjourned.

[00:21:08]>> Your honor, what about the $1,000 that I already paid her? Will that be taken off of the money owed?

[00:21:15]>> Mr. Glover, does your accounting show that payment?

[00:21:19]>> Well, we have a number of we have a number of post-dated personal checks.

[00:21:23]This court ordered that uh it be payments be made by way of immediately available funds. And since they're postdated, we couldn't cash them now anyway. And when we do, they may or may not clear. Again, they're personal checks. And so, I would just instruct my client to to destroy those post-dated checks. And I I believe she hasn't cashed any of them yet. And she physically couldn't cash many of them. And so, >> all right, let me let me just make sure we store them.

[00:21:57]>> Oh, hold on. I'll ask her to unmute.

[00:22:02]>> I did cash a couple of those checks and then I used that to pay uh transport.

[00:22:10]>> Okay. So, >> and how what was the total amount?

[00:22:13]>> Uh let's see. at um Phillip it was except with the exception of the June I do believe. Uh I can let you know right now.

[00:22:27]>> Well, okay.

[00:22:34]>> Did you cash all of them but one? Is that what you're saying?

[00:22:37]>> Yes, that's correct. So, they were totaling $200 each.

[00:22:40]>> So, $800 is what you cash >> I believe. So, or >> if he five, >> what's that?

[00:22:50]>> He gave you five checks and you've cashed four.

[00:22:53]>> Yes.

[00:22:53]>> And each of them were for $200.

[00:22:55]>> Yes.

[00:22:56]>> Okay. So, credit credit for um $800 and destroy that other check.

[00:23:03]>> All right. We're journed. Thank you.

[00:23:05]Your >> honor, can I ask about the child support >> that is not before me today?

[00:23:15]All right, we're done.