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) 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[…]
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 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) 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 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[…]
The top five dirty divorce tricks Divorce can be coupled with anger, jealousy and other deep emotional triggers. These triggers can result in revengeful gamesmanship or greed. Some spouses will use every trick in the book to win at all costs. 1. Conflicting out top attorneys: It is important to hire a top attorney[…]
Can a court take a passport to enforce child support? The answer may surprise you. Every U.S. citizen has a fundamental right to travel. The fundamental right to travel was first addressed by the Supreme Court in 1920 in the landmark case of United States v. Wheeler 254, U.S. 281 (1920) when the Court held[…]
What is the number one cause of divorce? As a divorce attorney in practice for almost 20 years, I have a unique perspective in answering the question as I have asked virtually every client I have represented why they are getting divorced. In fact, under Michigan divorce law, the answer to the question can have important[…]
Custody in Michigan – Best interest of the child factor (d) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (d). Best interest of the child factor (d) examines the length of time a child has lived in a stable, satisfactory environment, and[…]
The Friend of the Court Referee A Friend of the court referee is appointed by the chief Judge to assist in Michigan divorce, custody and domestic relations cases. A Michigan Friend of the Court Referee power is defined in Michigan Compiled Laws Section 552.507. Michigan law (MCL 552.507) provides that a Friend of the Court[…]
Fault and Alimony in Michigan This article discusses the role of fault and alimony in Michigan divorce cases. Fault is one of 11 factors a court should consider when deciding if an award of alimony in Michigan is appropriate. When the legislature changed divorce law in Michigan in 1971 from a fault based system to[…]
Michigan divorce evidence – The Michigan Rules of Evidence The introduction of Michigan divorce evidence is governed by the Michigan rules of evidence. The Michigan rules of evidence apply in every Michigan divorce case that goes to court from a simple motion to a complex trial. Imagine wanting to introduce very important evidence only to[…]
Custody in Michigan – Best interest of the child factor (c) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (c) is . Best interest of the child factor (c) examines the capacity and disposition of the parties involved to provide the child[…]
Parenting time bracket By: Daniel Findling (c) 2015 Most people are familiar with a sports bracket but what about a parenting time bracket? A sports bracket often accompanies a tournament and is a tree diagram matching different teams in a tournament such as the NCAA basketball tournament. A parenting time bracket can be used to[…]
Changes at Macomb County divorce court Change is the law of life. Judge Kathryn Vivano of the Macomb County divorce court is leaving the Macomb County Divorce court and she will be serving the Macomb County business court. The Michigan Supreme Court in which her brother serves as a Supreme Court Justice, issued Administrative Order[…]
Custody in Michigan – Best interest of the child factor (b) One of the twelve “best interest of the child” child custody factors set forth in the Child Custody Act is best interest of the child factor (b). Best interest of the child factor (b) examines the capacity and disposition of the parties involved to[…]
Legal Separation in Michigan by: Daniel Findling Legal separation in Michigan is different than other states. While some states require a period of legal separation before a couple can get divorced, Michigan does not. Legal separation in Michigan is technically called a Separate Maintenance Agreement. While it only takes one person to get divorced in[…]
Joint custody in Michigan – What does it mean? It seems everyone wants Joint custody in Michigan these days but what does Joint custody in Michigan law really mean? We find the answer to this question in Michigan Custody Statute, Michigan Compiled Laws Section 722.26(a)(7). Parenting time or Visitation and Joint Custody in Michigan Under the[…]
Custody in Michigan – Best interest of the child factor (a) One of the twelve “best interest of the child” child custody factors set forth in the Child Custody Act is best interest of the child factor (a). Best interest of the child factor (a) examines the love, affection and other emotional ties existing between[…]
Michigan parenting time and the child’s birthday Parenting time in Michigan time governs the times and frequency parents spend with their children. In a perfect world, parents get along and a parenting time order could read something like: “The parents are awarded liberal and frequent parenting time”. Since we do not live in a perfect[…]
Can you sue a Judge or the Friend of the Court? Judicial Immunity – By: Daniel Findling (c) 2014 What if a Judge or the Friend of the Court makes a negligent or intentional error? Can you sue a Judge? Nope. Can you sue the Friend of the Court? Maybe. Why not? Because of a concept[…]
Divorce Statistics by County 2013 Oakland County, Wayne County, Macomb County, Livingston County, Washtenaw County and Genesee County Divorce statistics by County: Oakland County Divorce filings 6th circuit Divorce with Children Divorce w/o children Beginning Pending 1,138 […]
Law and Equity – Doing what is fair in Michigan divorce and Michigan custody cases. In Michigan divorce and Michigan custody cases, the judge sits in both law and equity. Divorce and custody law is the written rules of law found in statutes, court rules and court cases. Equity is best described as doing what[…]
Holiday Parenting Time in Michigan The holidays can be overwhelming for families that are divorced or in the process of getting a divorce. While the holidays are traditionally spent as one family, after divorce, the holidays are typically celebrated in two different households sharing similar (or different) traditions. While many Michigan divorce and Michigan custody[…]