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Michigan Family Law Blog

Friday, December 30, 2016

Child Support Enforcement in Michigan


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, there will be custody issues and on-going decisions about their children's welfare, and the financial obligation of


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Friday, December 23, 2016

Divorce in Michigan and Worker's Comp Awards


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 Adamiak v Adamiak addressed the issue of worker's compensation benefits.

 


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Friday, December 16, 2016

Splitting Up Retirement Savings upon Divorce


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 eggs accounts, if acquired during the marriage, are considered to be marital property and as such, are subject to equitable distribution between the parties upon divorce.

There are several types of retirement plan assets which may collectively represent a divorcing couple’s largest liquid assets.


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Friday, December 9, 2016

Divorce in Michigan and Payment of College for the Kids


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 promised that he would pay for her education.

Generally, the power of a divorce court is limited to determining the spouse's rights and obligations to the exclusion of third parties.  This typically means that the court will not enforce a promise from a parent to a child such as a promise to pay for college or purchase the child a car.


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Friday, November 25, 2016

Paying Child Support in Michigan


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 splits up. When children are involved,


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Monday, November 14, 2016

When Alimony Gets Reduced


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 everyone feels that way, of course, but enough do that movie story lines commonly poke fun at the shady ways disgruntled people attempt to get out of alimony.


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Friday, November 11, 2016

You Can’t Punt on Your Child Support Obligations


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.


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Friday, November 4, 2016

Brangelina: The Split Heard Round the World

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 together and two years of marriage. The couple has six minor children together, with three being adopted by the couple. They also reportedly have 12 properties between them, with Pitt owning seven, Jolie owning two, and the couple jointly owning three others acquired prior to their marriage.

Jolie is seeking a


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Friday, October 28, 2016

The Role of Fault in Michigan Divorce Cases


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 when dividing property or calculating alimony.

 


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Friday, October 14, 2016

Purposefully Reducing Income to Avoid Alimony in Michigan


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 to men or women after a divorce.  In addition, some people insist that if he or she was faced with paying alimony that he or she would quit working.

This is probably a bad idea.
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Friday, October 7, 2016

Keeping the Home in Michigan Divorce Cases


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 is to sell the home and divide the proceeds.  The other common way of dividing the equity is that one party will keep the home and "buy-out" the other spouse's equity.


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