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[…]
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[…]
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 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 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[…]
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[…]
The case of fault in Michigan divorce. By Daniel Findling: In prior articles we explored the notion of fault in Michigan. Fault in Michigan is relevant. Michigan is both a fault and a no fault State. The grounds for a divorce in Michigan are no-fault, however fault can play a role in addressing issues of[…]
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,[…]
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[…]
We are just living together – Common law marriages and Michigan divorce law: More people are choosing not to marry, and well, just live together. For some, marriage is the end of freedom – after all, marriage is supposed to be forever. Others choose to live together in monogamous relationships and consider marriage merely a[…]
Non-modifiable alimony Under Michigan divorce law the parties have a statutory right to modify alimony or spousal support. This statutory right can be found in MCL 552.28. This statute specifically allows on the petition of a party that a court may revise an alimony award. Notwithstanding the statutory right to modify alimony, your Michigan divorce[…]
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[…]
Taxes and divorce or separation: The tax rules that apply to divorce and separated individuals can be complex. In fact, the Internal Revenue Service has a 29 page publication on the subject. The publication for use in preparing your 2013 income tax returns can be found here: http://www.irs.gov/pub/irs-pdf/p504.pdf. Most Michigan divorce lawyers get nervous when[…]
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 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.[…]
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[…]
As a general proposition, gifted and inherited property are not divided on divorce. The first step a Michigan divorce attorney takes in analyzing property division in a divorce case is to classify the property as marital or separate property. As a general proposition, property acquired by reason of the marriage or during the course of[…]
Double dipping – paying twice – is it legal? Double dipping is a legal term to describe paying twice for the same thing. When dividing property in a Michigan divorce your divorce attorney tries to maximize or minimize what is marital property depending on the circumstance. The court tries to divide marital property equitably or[…]
The formal Michigan divorce process – Divorce Steps: In Michigan, a divorce follows a formal process and our Michigan divorce attorneys understand the steps and can help you navigate the process without turbulence. The divorce steps for a Michigan divorce are as follows: Divorce steps – One: Prepare and file Complaint for divorce and ex[…]
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[…]
The engagement ring: Glamour magazine reports that on average, a guy will spend about $5,229 on an engagement ring which is a lot of money, yet far less than the 10 most expensive engagement ring’s according to a Hollywood gossip website. So it begs the question, what does Michigan law have to say about an engagement[…]
Religious divorce and Michigan divorce law: Religion plays an important role for many. When a divorce is pending, religion can also play an important role. For the pious, a divorce through the courts is not enough and although they are required under Michigan divorce law, the parties will also seek a religious divorce. In Christianity[…]
Parenting time and visitation guidelines and directives: When parents are going through a divorce, it is not uncommon for children to struggle with the situation. After all, children want to love both their parents, even if the parents may no longer love each other. It can be difficult to shield your children from the stress[…]