Author: Daniel Findling

Established custodial environment

Why is the established custodial environment so important in Michigan child custody cases?

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The established custodial environment. Under Michigan child custody law, the established custodial environment is the parent a child naturally looks to for guidance, discipline, the necessities of life, and parental comfort.  The law defining the established custodial environment is Michigan Compiled Laws, section 722.27. Why is the established custodial environment so important? The established custodial environment is important[…]

How to prevent divorce fraud?

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What is divorce fraud? Divorce fraud occurs when one party in a divorce case intentionally deceives the other party for his or her personal gain. What does Michigan divorce fraud law provide? Previously, we examined the rights available to victims of divorce fraud.  Generally speaking, if you are the victim of divorce fraud you have[…]

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Divorce fraud in Michigan divorce cases – time matters!

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Imagine entering into a divorce settlement only to find out later that your spouse committed divorce fraud.  Divorce fraud occurs when someone uses deception to alter a result for financial or personal gain.  The most common divorce fraud involves the value of something, typically a business, real estate or investment.  Divorce fraud occurs when one[…]

Best interest of the child factor (i) – “I want to live with . . .”

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Best interest of the child factor (i)  –  “I want to live with . . .” Best interest of the child factor (i) examines if it is ever appropriate for a child to decide who to live with?   Frankly, the short answer is no.  A child is not a parent.  A child is a child and[…]

Divorce and health insurance

The responsibility to provide health insurance for kids.

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Having health insurance for a minor child is smart.  In a Michigan divorce or child custody case providing health insurance is also a responsibility. Who is responsible to provide health insurance? The responsibility to provide health insurance for a minor child is provided in the Michigan Child Support Formula Manual (“MCSFM”) section 3.05(B) which provides[…]

Contempt of Court

Show Cause Hearing

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Ever wonder how a court enforce’s its orders?  One answer is a show cause hearing.  A show cause hearing asks the question:  “Why shouldn’t the court hold you in contempt of court for violation of the court’s order?”   At a show cause hearing, the burden is placed on the person suspected of violating a[…]

remote learning

Choice of School – Changing school in a Michigan divorce or custody case.

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Choice of School – Changing school in a Michigan Divorce or custody case. By:  Daniel Findling (c) 2015  TheDivorceGuy.com Almost every parent wants the best education for their child.  In most Michigan divorce and custody cases, parties are awarded joint legal custody, As joint legal custodians, parents must jointly make decisions regarding the educational upbringing of their child.[…]

Custody in Michigan

What happened to physical custody in Michigan?

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What happened to physical custody in Michigan? When I began practicing divorce law almost 20 years ago the phrase “physical custody” in Michigan had specific meaning.  The phrase physical custody in Michigan identified which parent a child spent the majority of the time.  The other parent had “parenting time’.   Things have changed.  Now almost 20[…]

Settlement Agreement

Confidential Settlement Agreements

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Divorce can be a public event but it does not have to be.  A divorce ends a marriage.  Unfortunately, for a private individual a divorce  can evolve into a public affair drenched in gossip.  Judgment of Divorce When a divorce is granted the judge signs a document called a Judgment of Divorce which is the[…]

Best Interest Factors

Custody in Michigan – Best interest of the child factor (h)

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Custody in Michigan – Best interest of the child factor (h) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (h).  Best interest of the child factor (h) addresses the home school and community record of the child. Not every child is the perfect[…]

Custody

Health care for kids

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 No one plans on getting sick or hurt but it happens and kids are more likely to get sick or hurt than adults.  Frequent contacts at school, playgrounds coupled with an immature immune system can create a perfect storm.  Health care for kids is a necessity and not an option. The Michigan Child Support Formula[…]

Business value and divorce

The value of a business in divorce – part 2

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In the  first part of this two part series on determining the value of a business in divorce we examined four definitions of value in a divorce.  The four definitions are Fair Market Value, Fair Value and Investment Value and Holders Interest Value. It does not matter if the business was started during the course[…]

The value of a business in divorce

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Most businesses, small and large, have value and Michigan divorce property law requires a fair division of all property acquired by reason of the marriage.  It does not matter if the business was started during the course of the marriage or merely increased in value during the course of the marriage for the value of[…]

Child support

Child support statute of limitations.

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Child support statute of limitations Suppose a parent has not paid child support in 10 years, is the child support order still enforceable? The answer is found in the current child support statute of limitations law. Michigan compiled Laws section 600.5809(4) provides that the child support statute of limitations is 10 years from the date[…]

Best interest of the child factor (g) – The parties health

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Custody in Michigan – Best interest of the child factor (g)  Best Interest of the child factor (g) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (g).  Best interest of the child factor (g) addresses the mental and physical health of the parties[…]

Marriage and divorce

Marriage is the chief cause of divorce

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“Marriage is the chief cause of divorce.” The satirical title of this post, “Marriage is the chief cause of divorce” is credited to Julius Henry who is most commonly known as Groucho Marx the rapid fire comedian.  However, divorce is never funny. While marriage can be wonderful, it can also be problematic.  For many, marriage[…]

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How to prevent parental kidnapping in Michigan

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How to prevent parental kidnapping in Michigan. It is not uncommon for a parent to kidnap their own child.  Maybe they lost custody or are angry and want to hurt the other parent.  Whatever the case, parental kidnapping is a federal crime and a crime in Michigan.  In many cases, parental kidnapping can be prevented.[…]

Waiting period

The statutory waiting period for a Michigan divorce

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The Michigan divorce statutory waiting period The statutory waiting period for a Michigan divorce is dictated by statute.  The Law – Michigan Compiled Laws 552.9f (MCL 552.9f) The statutory waiting period for a Michigan divorce is found in Michigan Compiled Laws 552.9f.  MCL 552.9f provides that a Michigan divorce without a minor child must wait[…]

UCCJEA

The UCCJEA in Michigan: Transferring custody to Michigan

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The UCCJEA in Michigan:  Transferring and enforcing an out of state custody determination The Uniform Child Custody Jurisdiction Act (“UCCJEA in Michigan”) provides that the home state of a child has exclusive and continuing jurisdiction for child custody litigation.  So what happens if the home state of the child changes? For example, if the parents[…]

Dependent tax exemption

Dependent child exemption and support – Is it worth fight over?

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Dependent child exemption and support – Is it worth fight over? A dependent child exemption reduces a taxpayer’s adjusted gross income leaving more money in the taxpayers pocket by ensuring that not all of your income is taxed.  In 2014, the value of a dependent child exemption is $3,950.00 per child.  That is real money.[…]

Custody in Michigan – Best interest of the child factor (f)

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Custody in Michigan – Best interest of the child factor (f) Best Interest of the Child Factor :      One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (f).                              Best[…]

Business value and divorce

K-1 business income and support

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K-1 business income in Michigan divorce, alimony and support cases. (c) 2015  Many tax returns contain schedules.  If your spouse has business income, then the income is reported on schedule K-1.  Schedule K-1 provides information regarding a business owner or partner’s share of income, deductions and credits.  Schedule k-1 business income is an Internal Revenue Service form that[…]

Finding hidden income

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Finding hidden income in Michigan divorce and support cases. (c) 2015  Finding hidden would be easy if everyone put cash under the mattress.  The fact is, finding hidden income is sometimes hard.  Discovering hidden income can impact child support, spousal support (alimony) and property division.  Here are some simple techniques to discovering hidden income: Look at[…]

Custody in Michigan – Best interest of the child factor (e)

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Custody in Michigan – Best interest of the child factor (e) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (e). Best interest of the child factor (e) examines the permanence, as a family unit of the proposed custodial home or homes.  Best interest[…]

Taxes and divorce

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Taxes and divorce  April is tax season and questions about taxes and divorce are numerous in our Michigan divorce and family law practice.  Here are some key tax  considerations in preparing your 2014 tax return.  Divorce or separation brings many changes. Some of the changes have tax and divorce issues. Change of name: If you restored[…]

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