Michigan child support

The relationship between custody and child support in Michigan

The relationship between custody and child support in Michigan Traditionally, the relationship between custody and child support in Michigan was intimate.  A change custody would result in a change in child support.  Many people still believe this to be the case.  However it is not.  Custody and child support have little in common because physical[…]

Can a child choose

Child Custody – Can a child decide who to live with?

Can a child decide where they want to live? Michigan child custody law is governed by Michigan Compiled Laws section 722.23 often called the best interest factors.  Factor (i) of the best interest factors provides that a court should consider the reasonable preference of the child, if the court considers the child to be of[…]

Attorney fees

Divorce attorney fees – Getting your spouse to pay

Divorce attorney fees – getting your spouse to pay.  By: Daniel Findling Divorce attorney fees – getting your spouse to pay. Quality representation is not always cheap.  A common question is can you get your spouse to pay for your divorce attorney fees?  The answer is yes. Michigan divorce law provides authority to request the[…]

Physical custody in Michigan

Physical custody in Michigan

Physical custody in Michigan:  By: Daniel Findling Physical custody in Michigan explained. Unlike legal custody, which awards a parent with access to the educational, medical, religious and other pertinent records of the child.  Physical custody in Michigan is not easily defined. The problem with defining Physical custody in Michigan arises from the current child custody[…]

Discovery

Interrogatories – Asking questions in a Michigan divorce

Interrogatories – Asking questions in a Michigan divorce By: Daniel Findling In preparing a divorce case in Michigan, your Michigan divorce attorney should conduct discovery on your behalf.  Discovery is the process by which lawyers obtain answers to questions under oath and subject to the penalty of perjury.   The three major types of discovery are[…]

motion to change custody

Child custody laws in MI

The following guide is provided as an outline of child custody laws in MI.  Our Michigan divorce attorneys have provided the following guide to help you understand what every parent should know about child custody laws in MI.  When a child is involved in a divorce the energy often rises.  Parents have to deal with[…]

Spying on Spouse

Michigan divorce and domestic spying

Michigan divorce and domestic spying Is somebody watching me or am I just paranoid?  Michigan divorce and domestic spying.  By:  Daniel Findling In Michigan, fault can play a role in an alimony award, property division and even child custody cases.   Our Michigan divorce team has written several articles on the issue of fault: Michigan divorce[…]

legal

Joint legal custody in Michigan

Joint Legal custody in Michigan:  By: Daniel Findling Physical custody and joint legal custody in Michigan explained. Unlike physical custody, sometimes called the custodial parent which defines where a child lives on a day to day basis, legal custody defines the right to make legal decisions for the child regarding education, health care, religion, and[…]

Spying on Spouse

Private Investigator and Michigan divorce

Something is not right . . . should I hire a private investigator?  By:  Daniel Findling (c) 2014 When people think of a private investigator they might think of Magnum PI or an anonymous looking person sitting in a car, eating a cheese burger while trying to catch a cheating spouse in the act.  Reality[…]

immoral

The moral fitness of the parties – Michigan custody and Parenting Time

Michigan child custody and parenting time – The moral fitness of the parties.  By:  Daniel Findling In every parenting time and custody case in Michigan, the court is required to evaluate the best interest of the children.  Michigan adopted the Child Custody Act and requires a court to consider the best interest of a child.[…]

Michigan Custody and Support in Divorce Cases

Michigan legal custody – What to do when you cannot agree?

Michigan legal custody – What to do when you cannot agree?  By:  Daniel Findling Most divorce cases end with both parents being awarded joint legal custody.  “Joint legal custody” means both parents are entitled to equal access and input to the educational, medical, religious needs of the child.  With joint legal custody parents must jointly[…]

change mind

Michigan divorce settlement agreement – When can you change your mind?

Michigan divorce settlement agreement: – When can you change your mind? Careful consideration should be taken before entering into a settlement agreement.  As once a settlement agreement is reached you usually cannot disavow it merely because you have a change of heart.   Courts must uphold divorce property settlements reached through negotiation and agreement of the[…]

Fundamental Right

The fundamental right to parent

Is the right to parent a fundamental right?  The answer is yes! The 14th Amendment’s due process clause of the U.S. Constitution protects “life, liberty or property”.  Fundamental rights are rights so important that the U.S. Constitution provides for heightened protection against government interference.  Without this heightened protection against government interference, States could could infringe on “life,[…]

Tracking device

I have this GPS tracking device . . . and Michigan divorce law

I have this tracking device . . . and Michigan divorce law:   As a Michigan divorce lawyer, I recognize that it is not uncommon for a spouse to use a GPS tracking device to validate their suspicions of an affair.  Consumers can now have access to devices previously only accessible by governmental agencies, the police[…]

recording spouse

I have this recording of my spouse . . . and Michigan divorce law

I have this recording of my spouse . . . and Michigan divorce law:   As a Michigan divorce lawyer, I recognize that it is not uncommon for someone to engage in recording a conversation to obtain evidence in contemplation of or in the middle of a divorce.  Maybe your spouse is a habitual liar, or[…]

Paying for college

Who pays for college? – Post majority child support

Who pays for college? – Post majority child support:  The birth of a child brings joy and responsibility.  For many families the responsibility includes college or even graduate school, for other families, once a child reaches the age of 18, the responsibility to provide financial support for a child ends. Under Michigan law, both natural[…]

adultery in Michigan

Adultery and Michigan divorce

Section 750.30 of the Michigan Compiled laws and provides:
“Any person who shall commit adultery shall be guilty of a felony; and when the crime is committed between a married woman and a man who is unmarried, the man shall be guilty of adultery, and liable for the same punishment.” 
However, the crime is never enforced.

Custody

Custody Modification – How to Modify a Child Custody Award

Custody modification. In Michigan, a child custody determination can be modified.  The statutory authority for a court to modify a custody determination is found in Michigan Compiled Laws section 722.27(c).  In order to modify a Michigan child custody determination, the party seeking to change child custody must first provide a good basis for the modification.[…]

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Michigan Child Support Statute of Limitations

Michigan Child Support Statute of Limitations:   Yes, there a Statute of limitations for Michigan child support. The current statute of limitations on unpaid Michigan child support is 10 years from the date that the last payment is due.   This Statute of limitations is set forth in Michigan Compiled Laws section 600.5809(4) and was effective[…]

Michigan child custody law – can a child choose who to live with?

Michigan child custody law – can a child choose who to live with?  One question, I get asked every week is at what age can a child choose who to live with?  Not surprisingly, the question is asked after a parent determines that the child now wants to live with them. The answer to the[…]

Motion practice – Michigan divorce law and family law

Motion practice – Michigan divorce law and family law:  For most people a “Motion” is a term from high school physics to describe the process of being moved.  In government, a motion is a formal proposal to do something.  Under Michigan law a motion is a formal proposal to the court. Our attorneys use motions[…]

Ex Parte Orders and Michigan divorce law

Ex Parte Orders and Michigan divorce law:  As a Michigan divorce attorney one question I often get asked is what is an Ex Parte order? “Ex Parte” is a Latin legal term meaning “from one party”.  Simply put, an Ex Parte order is an order submitted to the court without first having a hearing or[…]

no fault divorce

Michigan is both a no-fault divorce and a fault divorce State

Michigan is both a no-fault divorce and a fault divorce state:  Is Michigan a no-fault divorce state or a fault divorce state?  The answer is both. Michigan is a no-fault divorce state. Michigan is a no-fault divorce state as it relates to the grounds for divorce. Michigan became a no-fault divorce state in January of[…]

Livingston County Divorce Court

Livingston County Divorce Court: At Findling Law, we have the great privilege of appearing before divorce courts throughout the state of Michigan.  One of these courts is the Livingston County divorce court.   The Livingston County divorce court – Family Division is simply known as the Livingston County divorce Court. The Livingston County divorce Court[…]

Michigan divorce experts – When do you need expert testimony?

Michigan divorce experts – When do you need expert testimony?  Not every divorce case requires expert testimony.  However some do.  In  Michigan divorce cases there are three types of experts employed more than any other, a real estate expert, a valuation expert and a custody evaluator expert. The real estate expert is typically a certified[…]

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