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Michigan Family Law Blog

Saturday, May 25, 2019

Seven Tips for Helping Parents Through a Custody Battle


Custody battles are some of the most heated battles in family court. Parents who cannot agree to a custody and visitation schedule can put each other and their children through a traumatic, lengthy court battle. A
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Tuesday, May 21, 2019

Top Seven Things to do Before Beginning a Divorce


If you are contemplating a divorce, there are several things you should do before you begin the divorce process. The steps below are general steps that apply in most cases. Because your case is unique, you may also want to consult with a
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Friday, May 17, 2019

Adoptive Mom of 7 Allegedly Abused Kids


As a North Oakland, Michigan divorce attorney, one of the most gratifying parts of practicing family law involves stepparent adoptions.

Seeing clients emerge from a divorce and find happiness again with another person is wonderful. But when that new mate wants to pursue a


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Monday, May 13, 2019

After a Divorce, Who Pays for Child Care?


In Michigan, child care is included in child support until the first August after a child's twelfth birthday.  After that, the parties can agree to share the costs of child care or each parent will be responsible for paying for child care that is required during that parent's court ordered parenting time with the child.  

How Much Does Each Party Pay Toward Child Support?

There are four basic components of child support.  There is the base child support, which is determined primarily by the incomes of each parent and the number of overnights the children have with each parent.  There are also three supplements; the healthcare supplement, the ordinary medical care supplement and the child care supplement.


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Thursday, May 9, 2019

Never Try to Represent Yourself in a Divorce Case.


Never Try to Represent Yourself in a Divorce Case.

Some people believe that it is ok to go through a divorce without an attorney.  When that happens the court considers that person to be acting as his or her own attorney.  The legal term for a person that represents her or himself is in propria persona.  In Michigan, the court are required to hold a person acting in propria persona to the same standards as an attorney or member of the state bar.


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Sunday, May 5, 2019

You Are the Most Important Witness in Your Divorce Case.


In all divorce cases, the court will schedule a deadline for the parties (the people getting divorced) to submit witness lists to the court.  Clients always ask who they should list as witnesses for the case or whom does the judge want to hear from about the case.  In virtually every case, the two most important witnesses that the judge will want to hear from is the two people actually getting divorced.  Your attorney will be able to provide expert witnesses to testify regarding finances, business valuation, real estate appraisals and even which school would be better for the children to attend, but in the end, the court's decision will come down to the testimony of the two parties and the arguments of their attorneys.

​Working With Oakland County, Michigan, Divorce Lawyers Can Help Develop Your Testimony.


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Wednesday, May 1, 2019

How Does a Judge Decide Who Gets What in a Divorce

When it comes to a divorce, most of the time the parties (the people getting divorce) and counsel negotiate the division of the parties assets, debts, real estate and personal property.  This is called the property settlement or property division part of the case.  Sometimes the parties are able to reach an agreement on how to do this between themselves with some guidance from the attorneys, then the attorneys prepare the appropriate documents to accurately reflect the agreements and make them legally binding.  In many cases the parties are not able to reach an agreement between themselves, 


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Saturday, April 27, 2019

What if My Spouse Refuses to Transfer Me My Share of Property After a Divorce?


Sometimes people who are facing a divorce are concerned that their husband or wife will simply refuse to transfer assets or somehow avoid it.  This is a particular concern for the spouse that has the lower income or where the other spouse has always had control of the finances and retirement accounts.  In some of these situations, the other spouse will refuse to provide even basic information or account statements.  Other cases there are situations where one spouse will hide all of the statements or lock all the financial information away in a cabinet that the other spouse does not have access to.

 

Forcing Division and Transfer of Property in a Divorce 

Fortunately there are many ways that the attorney is able to determine where the money is invested and the value of those investments.


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Tuesday, April 23, 2019

What if My Spouse Makes Cash Money That Isn't Reported to the IRS?


In a divorce case, one of the biggest factors that the court will consider when granting or denying alimony is the parties' incomes.  Many people are concerned that their spouse either works in an occupation that involves cash tips or the other spouse may own a business that handles cash but the parties have not reported this income to the Internal Revenue Service during the marriage.  The concern (other than potential issues with the IRS - the divorce court or judge will typically not report such activity to the IRS) is that the court will not consider this income when calculating alimony with a result of an inequitable alimony award.

Proving Cash Income in a Divorce Case 

Fortunately there are many ways that the court will allow a spouse to prove income in a divorce.  In one recent case decided by the Michigan Court of Appeals, Csercse v Csercse, March 19, 2019; the lower court awarded alimony to the wife for two (2) years after a three (3) year marriage based upon a number of factors, including the dominating and abusive nature of the husband.


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Friday, April 19, 2019

Can Our Teenager Refuse to Spend Time with the Other Parent?


A teenager can have some input on how much time he spends with each parent when the parents are going through a divorce in Michigan. The wishes of the teenager are one of the many factors the judge will consider when deciding custody and parenting time and determining what is in the best interests of the child. Speaking with a Michigan child custody attorney can help guide you if your teen wants to spend more time with the other parent.

Once the judge enters an order of custody and visitation, the child should follow the schedule of visitation. If a teenager wants to stop seeing one parent, the court will need to decide whether a modification of the decree is appropriate.
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Monday, April 15, 2019

How Can a Prenuptial Agreement Protect Me From Alimony?

The parties’ manifestation of intent to lead separate lives, such as by filing a complaint for divorce or maintaining separate homes, can be of crucial significance when apportioning the marital estate. However, property earned after such a manifestation of intent should still be considered a marital asset, although the presumption of congruence that exists with respect to the distribution of marital assets becomes attenuated and may result in the nonacquiring spouse being entitled to no share or a lesser share of the property in light of all the apportionment factors.
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