Child Support in Michigan – Articles and Videos – Michigan divorce 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[…]
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[…]
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[…]
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[…]
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[…]
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[…]
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[…]
No fault divorce in Michigan By: Daniel Findling No fault divorce in Michigan became effective on January 1, 1972. The no fault divorce in Michigan statute is located in Michigan compiled laws section 552.6 and provides that a divorce may be filed upon the allegation that there is a “breakdown of the marriage relationship to[…]
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[…]
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[…]
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[…]
I received a phone call from an attorney (not related to my firm) this morning requesting assistance on determining income for child support purposes from a self employed individual. His client’s ex-husband was a self employed truck driver grossing $160,000.00 per year. However, after deductions, his income was significantly less. One deduction appeared questionable, the[…]
Michigan income withholding order – How much can the court take? By: Daniel Findling When a Michigan divorce court or Michigan custody judge enters an Order for a party to pay alimony (spousal support) or child support, the payor is required to pay the money or suffer the consequences of enforcement. The most common enforcement mechanism[…]
Support security – Securing the future payment of support: By Daniel Findling – Divorce always involves change and an important change in almost every Michigan divorce or legal separation in Michigan is financial. For many, child support payments and alimony payments (spousal support) are an important financial component in moving forward after a divorce or[…]
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[…]
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[…]
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[…]
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[…]
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: 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[…]
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[…]
Michigan Divorce Appeal – Navigating the Michigan Court of Appeals: Sometimes a trial court does not make the right decision. A custody determination, property division or alimony award that is just wrong. What can you do? The answer is to request an appeal at the Michigan Court of Appeals. Generally, decisions from “final orders” of[…]
Avoiding child support – the Felony: Some people go to great lengths to avoid paying child support. Robert D. Sand fled to Thailand, to avoid paying support. Robert D. Sand was labeled the country’s most-wanted deadbeat parent by federal authorities when his unpaid support climbed above $1 million. He was sentenced to two and a[…]
Changing domicile: Domicile explained! Michigan divorce law does not prohibit a parent from travelling with your children. You can even travel outside of the United States, provided the Country you are visiting has a treaty with the United States (most do under the Hague convention). While a vacation away from home with your kids is[…]