Michigan Family Law Blog

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 ...

Q: What happens if I can't afford to pay my child support payment? When a couple divorces, the needs of the children are top priority and that includes financial support. Child support is the monthly payment the non-custodial parent is required to pay to the custodial parent. The amount is determ...

: Can proper pre-nuptial planning streamline and privatize an eventual divorce? Brangelina is now just Brad and Angelina again. By now you've likely heard that one of the world's most popular celebrity power couples, Angelina Jolie and Brad Pitt, has recently called it quits after 12 years togeth...

I am a divorce lawyer in  Auburn Hills, Michigan close to Rochester Hills and Troy.  While Michigan is a "no-fault" state when it comes to divorce - which means that one does not have to prove a reason to get divorced, the fault in causing the breakdown of the marriage may be taken into account w...

I am a divorce lawyer in the Rochester area of Oakland County, Michigan.  Some people I speak with seem to think that alimony is no longer awarded in Michigan.  Nothing could be further from the truth, alimony or spousal support as it is called in our state, is alive and well and can be awarded t...

I am a family law attorney with my office in Auburn Hills on the border of Rochester Hills, Michigan.  The marital home can be one of the bigger assets in a divorce case.  There are several ways to handle the division of the value or the equity in the marital home.  The most straight forward way ...

How could the state I divorce in impact my legal rights? Divorce laws are set by the individual states, which has created considerable variability from state to state.  Where you divorce could have an impact on how long the process takes, your property division rights, and more.  The following is...

What legal steps should I take if I am caring for my grandchild? In an ideal world, all children would be raised in a loving and stable family.  Unfortunately, this is not the case for every child.  At times, parents across America find themselves unable to properly care for their children.  When...