Michigan Family Law Blog

Michigan does not have “legal separation” in the usual sense of the term. In Michigan, once you marry, you are either a married couple that lives together or a married couple that lives apart. A married couple that wants to live apart from each other can have a formal, written separation agreemen...

When going through a divorce, people are usually concerned about the future. Will they be financially ruined by the divorce? Will they have enough means to live on and pay their bills? Will they receive or have to pay alimony? How is spousal support determined in Michigan? Talking with an experi...

When we think about divorce, the image of two angry, bickering spouses often comes to mind. The fact of the matter is, many divorcing couples are able to behave in a civil manner and are more interested in moving on than in making each others' lives a living hell. In those cases, talking with a d...

Nobody wants to see a marriage end, especially when the relationship is beyond repair and children are involved. Grandparents occupy a unique space during a divorce, serving as a supportive and loving place for children and grandchildren alike. In some cases though, one divorcing spouse may exerc...

Our Kids Are Growing Up. Can We Modify Our Custody Order? One of the greatest joys of having children is watching them grow and thrive. As children grow, however, they need things around them to change in order to fit their new abilities and roles—everything from new shoes to fit their feet to ne...

Calculating child support can be a daunting task. Under the law, the calculation must take into account both parents' income and expenses, as well as various other factors relating to the child's unique financial needs (e.g., tuition, medical expenses, etc.). For many navigating the system for th...

An unfavorable ruling on the trial court level is not necessarily the end of the case. Fortunately, the Michigan court system is designed to allow for judicial review of lower court orders, and reversal is possible under certain circumstances. The following discusses some of the broader points co...

As a general principle, parents have a fundamental right to direct the upbringing of their children – including where they will live and with whom. However, when a custody order is in place and/or one parent objects to the possible relocation of the children with the other parent, this fundamenta...

The law was passed in late 2015, and enacted mid-year 2016. Its purpose? To close a frightening legal loophole in the state's custody code that could technically allow a rapist to pursue visitation and/or custody with the product of the sexual assault -- i.e., the biological child. The measure br...

According to data collected by the Pew Research Center, over 46 percent of children nationwide were living in an arrangement other than the “traditional” family structure – defined as two parents, both of whom were in their first marriage. Consequently, approximately 34 percent of children are li...

According to a 2012 study published by the Journal of Family Issues, grandparents play an ever-increasing role in the lives of young grandchildren in the United States. The study pointed to factors like increasing lifespans , changing family dynamics and increased financial security amo...

Prenuptial agreements or "prenups", are very useful for financial planning when parties are entering into a marriage.  This is particularly true when it is a second marriage, either party has children from a previous marriage, either party (or his/her family) has significant assets, either party ...

In Michigan, typically child support ends when the child reaches the age of 18 and the child is no longer a minor. However, an exception to this rule exists where the child is still attending high school and is residing on a full-time basis with the child support recipient.  In the matter of Weav...

What factors does the court consider when making child custody determinations? In making determinations about child custody, or parenting time, the courts ultimately consider what is in the best interests of the child. While the assumption is that maintaining a close relationship with each parent...

How can social media activity impact a divorce? Many people pride themselves on the number of Facebook friends they have, and also spend a great deal of time on other social media sites like Instagram, tumblr , Twitter and others too numerous to mention. The purpose of this post is not ...

In some divorce and post-divorce cases, one spouse or the other will underreport his or her income to the Friend of the Court (FOC)  in an attempt to avoid child support.  If an objection is not filed by one party, this may go unnoticed as the FOC is not really designed to investigate whether or ...

In our last post, we began the discussion surrounding grandparent visitation under Michigan law. We discussed the various ways in which a grandparent may be able to have “standing” to petition the court for the right to “grandparent” time with their grandchild, including those grandparents whose ...

Are you a grandparent with a beloved grandchild? Are you also experiencing a bit of tension within the family, making it difficult for you to gain access to your grandchild(ren) on a regular basis? If so, the following may provide a bit of guidance if you are interested in pursuing legal visitati...

I am a divorce lawyer in Oakland County, Michigan.  I read every family law case decided by the State Court of Appeals and Supreme Court in order to keep on top of new decisions and developments.  The matter of Bergh v Bergh, COA 329152, October 13, 2016, was an interesting case with a reminder t...

Q: What Happens if I Don't Pay Child Support? A couple who creates a child together, through marriage or not, will often be bound for life through their mutual children's lifetimes. Unlike a couple who splits without having children, they don't make a clean break. If they have minor children, the...

I am a divorce lawyer in Auburn Hills, Michigan.  An issue that one must face in just about every divorce, is property division.  Generally marital property will be divided in a roughly equal fashion while separate property will be awarded to the party to whom it belongs.  The matter of Adam...

How are various retirement savings accounts divided in a divorce? Contrary to what couples might feel about their individual retirement accounts (IRAs) and other qualified retirement plans, the notion of “what's mine is mine and what's theirs is theirs” doesn't apply. Retirement nest egg accounts...

I am a divorce lawyer in Oakland County, Michigan.  I recently met with a woman from Rochester Hills, Michigan who was contemplating a divorce from her husband.  One question she had was whether a court would order her husband to pay for their child's college education because he previously promi...

Q: When do I have to start paying child support? The obvious answer is…on the day your child is born. But for couples on the verge of a separation or divorce, the new reality of who pays for what, how much must be paid, and for what time frame are all issues that need to be resolved as the family...

Q: Can I get an alimony/spousal support modification in Michigan if I lose my job? Alimony is a thorn in the side of many a divorced spouse who, despite making a clean physical break from their former love, is irked by the idea of paying ongoing court-ordered financial support to the now-ex. Not ...