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Monday, August 10, 2020

How Does Being the Working Parent Affect My Custody Rights?

This is going to be a post about the new case


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Tuesday, May 26, 2020

How Do I Find An Affordable Divorce Lawyer?


The question of how much a divorce will cost is one of the biggest concerns that many people have when faced with the possibility that the marriage might be over.  There are several costs involved in a divorce: the emotional toll, the division of property and debts, potential alimony or spousal support or child support.  Those costs are beyond the scope of this blog and are addressed throughout my website and in previous blogs.  Today I am addressing the issue of attorney fees.

If you have a relatively simple divorce matter and you and your spouse appear to be in agreement about how to handle custody and parenting time or how to divide your property and move forward, then you should be able to find an affordable divorce lawyer.


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Friday, May 1, 2020

Zoom and Court Proceedings in Michigan During Corona Virus Quarantine


While the governor has extended the stay home, stay safe executive order, some of the courts are now proceeding with hearings by Zoom.  This is true in at least Macomb and Wayne Counties.

How will I know if my hearing is going to proceed by Zoom?

Typically, the court will send out notice to all parties, including the attorneys and the actual people involved in the case.  IF you have not received notice and your case is scheduled for a hearing before May 15, 2020, the current quarantine deadline, then you should call the judge's clerk and attempt to contact the court.  If you cannot contact the court by phone, then you should file at the very least a notice that you are not appearing at the hearing because of the executive order and you have not received notice otherwise.


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Saturday, April 4, 2020

Divorce, Custody, Parenting TIme and Support Mediation Using Zoom or Facetime in Michigan


The Corona Virus has caused the courts to basically shut down for all purposes except to handle matters that involve essential functions or that are required to sustain or carry-on life.  This means that many people in Michigan who would like to file for divorce or who have already divorced but have parenting time or other post-divorce issues have been left in limbo.

Is There Anything That I Can Do Now Regarding my Divorce, Support or Custody Issues?

A group of family law attorneys in Oakland County, Michigan have been discussing how to help the public with theses issues during the Covid 19 outbreak.  One solution that I am able to offer to the public is my mediation services.  I can do this by utilizing Zoom or Facetime to conduct the mediation.


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Saturday, March 28, 2020

Child Support in Michigan During the Corona Virus


The Corona Virus has caused a record high rate of unemployment.  That is a complete understatement but let's hope that the layoffs and unemployment will be a temporary situation.  Thinking optimistically most people that are fortunate to be working from home should be back to their places of employment in a matter of weeks and the unfortunate folks that are not getting paid shortly after that.  In the Interim, this has caused at the very least a temporary reduction in a massive number of people's incomes.

What Can I Do About My Child Support Obligation While I Am Living With This Temporary Income Reduction?

The courts, under Governor Whitmer's Stay Home, Stay Safe Executive Order of March 23, 2020, are only open to hear cases that involve essential functions or as as necessary to sustain or carry-on daily life.
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Wednesday, January 15, 2020

Will A Court in Michigan Order Parenting Time (Visitation) at the Discretion of One Parent?


Custody and parenting time, which is sometimes referred to as child visitation in other states, is often the most difficult aspect of any divorce case.  These issues can be even more complicated where the prospective parents were not married and may have had only a casual dating relationship before the pregnancy.  In such situations, given the stressful nature of pregnancy, often


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Tuesday, December 10, 2019

Considering Getting Divorced After the Holidays in Michigan?


Q: I Am Thinking About Filing For Divorce After the Holidays.  Is There Anything I Should Do Now?

When you’re getting divorced in Michigan, there can be many different issues to resolve.


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Tuesday, October 15, 2019

Errors Happen When You Don't Use a Lawyer in Your Divorce


Getting a divorce is difficult in many ways from the emotions to the financial strains.  One sure way to make matters worse is to attempt to navigate divorce laws and the legal process without a skilled family law attorney.  There are many technical issues, timelines and rules that must be followed in addition to having an overall knowledge of the divorce laws.  Sometimes, the court or the friend of the court makes an error and if you don't have an attorney that really knows what their doing, that error may go unnoticed and cause serious damage. A 
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Friday, July 12, 2019

A Short Blog About Vehicle Expense Deductions and Divorce


In some divorce cases, the court has to go through the parties finances with a fine-tooth comb in order to sort-out what is the appropriate income to use for calculating alimony or child support.  In the recently decided case of Eubanks v Hendrix, Michigan Court of Appeals No. 344102, May 23, 2019; the appellate court found that the referee and the court in that case did not quite get far enough into the nitty-gritty of the parties finances.

While some items and expenses may be allowed as deductions for tax purposes, the same deductions are not always allowed when determining a person's income for alimony or child support.  In the Eubanks case, the mother questioned how the court calculated the father's income, particularly the deduction for his vehicle.
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Monday, July 8, 2019

How is a Parent's Income Determined for Child Support in Michigan?


Child support is determined by a formula.  Base child support takes both parties incomes and the number of overnights each parent has with the child or children and plugs those numbers into a formula.  The formula then determines the base child support that one parent will pay to the other.  The formula will also calculate a health insurance adjustment, an out of pocket health care expense adjustment and a child care adjustment until a August after a child's twelfth birthday. 

This is relatively straight forward if each parent is a "W-2" employee, someone who is paid a standard monthly amount by a regular employer (not a family business or self-owned business) each month without receiving perks like the free use of a vehicle.


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Sunday, June 2, 2019

What Is Imputation of Income in a Michigan Divorce?


In some divorce cases it can be hard to properly determine a person's income for purposes of calculating alimony or child support.  This could be due to the manner of the person's work or where they work; such as working for the family business, being self-employed, working on a "cash" basis or seasonal employment.  It can also be due to someone quitting a job, refusing to get a job or refusing to go back to work.  The courts and the Michigan legislature have determined that they do not want an individual to avoid paying support, paying too little support or too much support because of this situation.  Therefore, the courts will impute income to a party.
Read more . . .


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| Phone: 248.608.4123

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