Tag: passive appreciation

Division of 401(k) plans in divorce. Passive and active appreciation.

Posted on October 6, 2020October 27, 2023 by Daniel Findling

Michigan divorce law distinguishes between active and passive appreciation when dividing retirement accounts in divorce. The seminal case on point is Reeves vs. Reeves.

Posted in Divorce, Michigan Divorce and Family Law Articles - By: Attorney Daniel Findling, Michigan Divorce Education Series, Michigan Divorce Information, Property Division, Retirement Tagged 401(k) and divorce, active appreciation, Findlinglaw, Michigan divorce, passive appreciation, reeves v. reeves, TheDivorceGuy Leave a comment

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How to change spousal support?

The statutory right to modify spousal support is outlined in MCL 552.28, “. . . the court may revise and alter the judgment, respecting the amount or payment of the alimony” but the statute does not provide how to change spousal support? “The object in awarding spousal support is to balance the incomes and needs of the **302 parties so[...] The post How to change spousal support? appeared first on 248 399 3300 Findling Law. [...]

What is an Ex Parte Order?

“Ex Parte” is a latin phrase every law student learns in the first year of law school and literally means: “on one side only” or “by or for one party”. An ex parte order is a court order entered by only hearing one side of a case instead of both sides. Unlike an Order entered[...] The post What is an Ex Parte Order? appeared first on 248 399 3300 Findling Law. [...]

Fault, divorce and property division.

On September 23, 2024, the Michigan Court of Appeals issued its opinion in the case of Qualls vs. Jenkins. In this case, the husband appealed the trial court determination that he was at fault during the course of the marriage when dividing marital property. The most important case that describes how property is divided in[...] The post Fault, divorce and property division. appeared first on 248 399 3300 Findling Law. [...]

Motion to Modify Parenting Time to play baseball denied.

On September 12, 2024, the Michigan Court of Appeals issued its opinion in the case of Curtis vs. Curtis. At trial, Mr. Curtis filed a Motion to Modify Parenting Time and his Motion to allow the children to play travel baseball and his request was denied. He requested appellate review. The parties divorced in September[...] The post Motion to Modify Parenting Time to play baseball denied. appeared first on 248 399 3300 Findling Law. [...]

The decision to move out of the house.

You made the decision your marriage is over and you want out. Michigan law does not require you to stay in the house during a divorce. You may want to avoid conflict or simply begin the process of moving on. However, you should consider the following before deciding to move out. First, there are financial[...] The post The decision to move out of the house. appeared first on 248 399 3300 Findling Law. [...]

When is a divorce settlement final?

Suppose a client comes into your office expressing buyer’s doubt, buyer’s remorse, regret, or simply that sinking feeling experienced a few hours or days after settlement. The client has changed his/her mind. Typically, the client is seeking a second opinion, having lost confidence in his/her lawyer. Most lawyers want to make their clients happy. However,[...] The post When is a divorce settlement final? appeared first on 248 399 3300 Findling Law. [...]

When parents agree on parenting time.

Divorce can be a highly stressfull exerience for parents and children alike. One of the most stressful issues is often the frequency and duration each parent spends with a child (parenting time). When parents agree on parenting time terms, this stress is often minimized. Parenting time in Michigan is governed by statute. Specifically, Michigan Compiled[...] The post When parents agree on parenting time. appeared first on 248 399 3300 Findling Law. [...]

Parenting time provisions

Parenting time defines the frequency and duration a parents spends with a child in the context of a divorce or child custody case. Regular parenting time provisions exclude holidays and school breaks and generall consists of a bi-weekly schedule. In certain circumstances, such as when a parent has an irregular work schedule or lives far[...] The post Parenting time provisions appeared first on 248 399 3300 Findling Law. [...]

What is really in the best interest of a child?

What is really in a child's best interest may surprise you. The post What is really in the best interest of a child? appeared first on 248 399 3300 Findling Law. [...]

Does size really matter? Wedding ring, marriage expenses and divorce.

Does size really matter in marriage? A study published in the Journal of Economic Inquiry examined if the amount of money spent on a wedding could predict the length of a marriage. The study suggested that the more money spent on an engagement ring does not predict a longer marriage. Rather, the data suggests the[...] The post Does size really matter? Wedding ring, marriage expenses and divorce. appeared first on 248 399 3300 Findling Law. [...]

Understanding child custody in Michigan

Informatative videos on Michigan Custody Law will empower you! The post Understanding child custody in Michigan appeared first on 248 399 3300 Findling Law. [...]

Divorcing a narcissist.

If your spouse has a grandiose sense of self importance, exaggerates achievements and talents, is preoccupied with fantasies of success, power beauty and idealization, then, according to the diagnostic and statistical manual of mental disorders, you may be married to a narcissist. There are two paths to every divorce, the legal path and the emotional[...] The post Divorcing a narcissist. appeared first on 248 399 3300 Findling Law. [...]

Best Interest of the child questions to ask?

Every child custody or parenting time case requires an examination of what is in the Best interest of the child which are 12 factors defined in Michigan Compiled Law section 722.23. In this article, we will explore sample questions that can be asked relating to each Best Interest of the child factor. Sample Best interest[...] The post Best Interest of the child questions to ask? appeared first on 248 399 3300 Findling Law. [...]

Does child custody even matter anymore?

raditionally, Child custody came in two forms. Legal custody and physical custody. Legal custody is defined by statute (MCL 722.26a(7)(b)) and refers to the "decision making authority as to important decisions affecting the welfare of the child". However, physical custody is not defined by statute. The post Does child custody even matter anymore? appeared first on 248 399 3300 Findling Law. [...]

Parenting time appeal win by Findling Law

On May 30th, 2024, the Michigan Court of Appeals agreed with Findling Law, PLC in finding the trial court made a “clear legal error on a major issue” in reversing the trial court’s ruling denying father parenting time with the minor child. In Corsetti v. Cohen, the parties entered into a consent order granting mother[...] The post Parenting time appeal win by Findling Law appeared first on 248 399 3300 Findling Law. [...]

The Divorce Judges of Macomb County 2024

The 2024 Judges of the 16th Judicial Circuit (Judges of Macomb County) Oakland County come from a diverse background and family law experience. At Findling Law, we have the great privilege of appearing before all of the full-time family court (divorce court) Judges of Macomb County. These Judges are assigned cases involving divorce, custody, support[...] The post The Divorce Judges of Macomb County 2024 appeared first on 248 399 3300 Findling Law. [...]

Where do you file for divorce?

In Michigan, you file for divorce in the county in which you or your spouse reside. However, there are certain requirements which must be met before you can file for divorce which are set forth in Michigan Compiled Laws section 552.9. State residency requirment: Prior to filing a complaint for divorce you or your spouse[...] The post Where do you file for divorce? appeared first on 248 399 3300 Findling Law. [...]

Cheating is (was) a serious crime.

The adultery (cheating) statute is found in the Michigan Compiled Laws section 750.30 of the Michigan Penal Code and defines adultery as a felony. However, the law is never enforced. The post Cheating is (was) a serious crime. appeared first on 248 399 3300 Findling Law. [...]

The Divorce Judges of Oakland County 2024

The 2024 Judges of Macomb County come from a diverse background and family law experience. At Findling Law, we have the great privilege of appearing before all seven of the full-time family court (divorce court) Judges of Oakland County. These Judges are assigned cases involving divorce, custody, support and related family law matters. In this[...] The post The Divorce Judges of Oakland County 2024 appeared first on 248 399 3300 Findling Law. [...]

Considering spying on your spouse? Is it legal?

Privacy is not so private anymore. It was not too long ago that the best mechanism to spy on your spouse was to hire a private investigator to monitor your spouse to provide evidence of salacious conduct or confirm your suspicions. Boy have things changed! Spying on your spouse video (c) 2024 Findling Law. Spousal[...] The post Considering spying on your spouse? Is it legal? appeared first on 248 399 3300 Findling Law. [...]

How to change custody in Michigan

A child custody decision is always modifiable. After all, circumstances change and when they do, it may warrant a change. However, it is not easy to change custody in Michigan. In fact, there are legal barriers which must be met to avoid disruptions. The legal authority to modify custody in Michigan can be found in[...] The post How to change custody in Michigan appeared first on 248 399 3300 Findling Law. [...]

Separate property Video webinar.

When property is classified as separate property, it is generally not divided in a divorce. However, there are statutory exceptions set forth in MCL 552.401 and MCL 552.23. Case law further defines separate property. The post Separate property Video webinar. appeared first on 248 399 3300 Findling Law. [...]

Frustrated and thinking about divorce?

Happiness and “in love” are not always equal. You can remain in love with your spouse and remain unhappy in your marriage. Communication, trust and forgiveness may be cornerstones to a successful marriage, however, so is happiness. After all, everyone should have a right to be happy. If you are frustrated and thinking about divorce[...] The post Frustrated and thinking about divorce? appeared first on 248 399 3300 Findling Law. [...]

Can I keep my house in a divorce?

The connection to a home can be profound. Homes serve as a backdrop for signifigant events and milestone. A home is typically associated with feelings of comfort, saftey and security. Homes can also have sentimental value, especillay if there are children involved. Homes can also have value as an investment. Which begs the question: “Can[...] The post Can I keep my house in a divorce? appeared first on 248 399 3300 Findling Law. [...]

A child custody determination?

A child custody determination is defined by statute. Specifically the Uniform Child-Custody Jurisdiction and Enforcement Act found in MCL 722.1102(c). In many instances a parenting time case or other case is actually a custody case and custody law (vs. for example parenting time law) would apply. (c) “Child-custody determination” means a judgment, decree, or other[...] The post A child custody determination? appeared first on 248 399 3300 Findling Law. [...]

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