Michigan Family Law Blog

What Should I Do If My Spouse Claims They Don't Really Own Something (When I Know They Do)? In Michigan, when a divorce court divides property, it first must determine whether the property is marital property, which should be divided equally between the spouses (hereinafter referred to as "the pa...

Is There a Statute of Limitations to Collect Alimony or Child Support? An action to enforce or collect child support or alimony is considered a civil action to enforce a court order.  There is a ten-year statutory period of limitations.  The ten-year period starts form the date that the last supp...

Individuals file bankruptcy for a variety of reasons, such as medical debts, business failure, loss of a spouse, and divorce. Divorce is one of the reasons that many people need to seek the assistance of the bankruptcy court for debt relief.  However, if you anticipate that you may need to file b...

Divorce laws in some states recognize what is referred to as a legal separation.  A legal separation in those states defines a situation in which the parties are living separate and apart. A court order dictates the duties and rights of the couple while they are living apart. In states in which a...

Q: Would having someone kill my ex-spouse get me full custody of the kids? It's a loaded question, but apparently one that needs to be answered for some people. Getting a divorce can be highly confrontational and emotional for some people and result in them exercising poor judgment that may land ...

Can the Court Suspend Parenting Time or Visitation Without Ordering Future Review Hearings? In Michigan, when parents divorce or separate, the court must determine custody and parenting time (parenting time is the legal term for child visitation in this state).  The parties may agree upon custody...

Is It OK For a Parent to Schedule Counseling For A Child Without The Other Parent? Counseling for children whose parents are divorcing or have recently divorced can be a very good idea.  However, the choice of the counselor and scheduling of the counseling must be planned out and agreed upon by b...

Will a Divorce Court Order Gradual Increases in Parenting Time?  Custody is typically the primary concern for parents faced with the prospect of divorce or separation.  However in Michigan, the term "custody" as lost some of its meaning because of the ascension of "parenting time" as a replacemen...

Custody and parenting time are generally guided by what are called the statutory "best interest factors"  There are two types of custody, legal custody - ability to make decisions on behalf of the child such as religion and education, and physical custody which generally refers to with whom the c...

Visitation and parenting time are often aggressively litigated and disputed matters in a divorce. In some cases, parents believe certain child visitation myths that create unnecessary disputes between the parties. When that happens, it's a good idea to talk with an experienced visitation lawyer t...

Paying spousal support can be a painful reminder of a failed marriage. Spousal support can also be a financial burden that you would like to end. However, voluntarily quitting your job may not eliminate or reduce your spousal support payments. You could place yourself in a worse financial situati...

Can I Make My Spouse Pay My Attorney Fees In A Divorce? Typically, when parties engage in litigation, each party pays for his, her or its attorney fees regardless of winning or losing.  This is also true realistically regardless of whether the party that starts the litigation had any good grounds...

While bitter celebrity divorces often make the news, untying the knot doesn't always mean a knock-down drag-out fight for the rich and famous. And it doesn't have to be that way for people of more modest means either. Getting a divorce can be amicable. After all, while there may be more marital p...

Are Bonuses Included in Income When Calculating Alimony or Child Support? In Michigan, child support is calculated by use of a formula that takes into account each parent's income; the number of overnights each child has with each parent, health care premiums paid by a parent for the child, and c...

​Are Business-related Expenses Deductible From Income When Calculating Alimony or Child Support? While child support is calculated according to a formula and alimony is supposed to be calculated by weighing fourteen (14) different factors, there are some similarities in the way the court calculat...

Can I Get Additional Child Support If My Child Attend Private School? In Michigan, if parents of minor children separate (whether married or not) the court must determine child support based upon the child support formula.  Basically, the formula calculates support based upon each parent's income...

In Michigan, child support is strictly determined by a formula according to statute.  The statute requires the court to use a formula to calculate child support based upon the income of each parent and the number of overnights the children have with each parent.  The formula also provides an addi...

If We Agree, Will the Court Enter an Order For No Child Support? In Michigan, child support is determined by a formula.  This formula was created by the State legislature and according to statute, the court is to apply the formula in every case.  However, as always in the law, there are some exce...

HOW IS CHILD SUPPORT CALCULATED IN MICHIGAN This blog is the first in a series of blogs about child support in Michigan.  This first blog explains in a basic way possible how the family law court in Michigan calculates child support for people that are not represented by an attorney.  The remaini...

Q: Can the judge dismiss my divorce because of delays? Couples considering getting divorced in Michigan have to work out the terms of their divorce amicably or, if they are unable to agree on terms, a judge will decide for them—or even dismiss their case. All couples need to work out how their pr...

Spousal support can be one of the most contested issues in a divorce action. One spouse believes he or she is owed more money while the other spouse believes he or she is paying too much money. In either case, the court's job is to settle the dispute regarding spousal support when the parties can...

When parents and grandparents disagree about visitation with a child, the situation can be painful for all parties involved, especially the child. Michigan has specific laws related to the visitation rights of grandparents. Before proceeding with legal action to obtain visitation with your grandc...

What Should I Do If My Child's Mom Isn't Letting Me See Our Child? As a divorce lawyer of over twenty-two (22) years, I have seen many cases where one parent, either the mother or the father has interfered with the relationship between the child and the other parent or caused issues between the c...

Will I Have to Pay Alimony in a Divorce? Alimony is alive and well in Michigan but we call it spousal support.  Unlike child support, which is determined by a formula, spousal support is supposed to be determined by an examination of the following fourteen factors: 1.parties' past relations and c...

What if My Spouse Moves to Another County and Files For Divorce? If you are considering divorce or you believe that your spouse is considering divorce and she or he are planning  to move out of the marital home, fast action may be required depending on the circumstances.  One reason is venue.  To...