Searching the net for 'FOC Michigan retroactive refund' turned up several results, none of them indicating that the FOC ever hands out refunds, withholds part of support payments to make a possible future refund, etc. A lot of websites came up that explicitly stated that this is never going to be the case, and that such expectations is ignoring what the FOC is mostly about - a third party transferrer of funds. She's already got your overpayment, she's not willing to give it to you, she's certainly not going to be willing to give it to FOC.
It's possible this is just a misunderstanding on her part and your part on how the FOC system works, and my search could be quite incorrect. It would serve you both to speak to your lawyers, and get this clarified, and if possible, simply work out a deal on the side, or better yet, simply opt out of the FOC system and handle it like adults.
Bear in mind that FOC or CSEU as it’s known in many other states have ZERO incentive to grant downward modifications. They get matching fed funds for every dollar collected. They’d rather see you go to prison, accumulating alimony/CS debt and charge you interest and late fees. It’s NOT about the children and if your ex-wife is anything like my hubby’s ex-shrew, she would be pleased to see you in thumb screws on the rack. She takes half his net income every month. He’s been paying this and more for almost eight years now and has at least 14 more to go.
He makes in the low 30s so the state of NY does not care whether or not you can afford to live on your own after you pay CS/Spousal Support.
His ex shrew (who works for Child Protective btw) pocketed over $4,000 over the years in out of pocket orthodonture (which he was never told about) well after the bill was paid through auto payments to CSEU. The magistrate said “water under the bridge” and “oh well, gift to mom.”
She and her new hubby make three times what we do. Good luck because you’re gonna need it.
Yuck, thats what I was afraid of. NEVER getting a refund.
My lawyer says that they will but now I am concerned.
I would like to opt out but her “friends” have told her not to. ughh