Michigan divorce law resource center – Michigan Divorce Attorneys – Articles and Videos
Ever wonder how a court enforce’s its orders? One answer is a show cause hearing. A show cause hearing asks the question: “Why shouldn’t the court hold you in contempt of court for violation of the court’s order?” At a show cause hearing, the burden is placed on the person suspected of violating a[…]
Choice of School – Changing school in a Michigan Divorce or custody case. By: Daniel Findling (c) 2015 TheDivorceGuy.com Almost every parent wants the best education for their child. In most Michigan divorce and custody cases, parties are awarded joint legal custody, As joint legal custodians, parents must jointly make decisions regarding the educational upbringing of their child.[…]
What happened to physical custody in Michigan? When I began practicing divorce law almost 20 years ago the phrase “physical custody” in Michigan had specific meaning. The phrase physical custody in Michigan identified which parent a child spent the majority of the time. The other parent had “parenting time’. Things have changed. Now almost 20[…]
Divorce can be a public event but it does not have to be. A divorce ends a marriage. Unfortunately, for a private individual a divorce can evolve into a public affair drenched in gossip. Judgment of Divorce When a divorce is granted the judge signs a document called a Judgment of Divorce which is the[…]
Custody in Michigan – Best interest of the child factor (h) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (h). Best interest of the child factor (h) addresses the home school and community record of the child. Not every child is the perfect[…]
No one plans on getting sick or hurt but it happens and kids are more likely to get sick or hurt than adults. Frequent contacts at school, playgrounds coupled with an immature immune system can create a perfect storm. Health care for kids is a necessity and not an option. The Michigan Child Support Formula[…]
In the first part of this two part series on determining the value of a business in divorce we examined four definitions of value in a divorce. The four definitions are Fair Market Value, Fair Value and Investment Value and Holders Interest Value. It does not matter if the business was started during the course[…]
Most businesses, small and large, have value and Michigan divorce property law requires a fair division of all property acquired by reason of the marriage. It does not matter if the business was started during the course of the marriage or merely increased in value during the course of the marriage for the value of[…]
Child support statute of limitations Suppose a parent has not paid child support in 10 years, is the child support order still enforceable? The answer is found in the current child support statute of limitations law. Michigan compiled Laws section 600.5809(4) provides that the child support statute of limitations is 10 years from the date[…]
Custody in Michigan – Best interest of the child factor (g) Best Interest of the child factor (g) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (g). Best interest of the child factor (g) addresses the mental and physical health of the parties[…]
“Marriage is the chief cause of divorce.” The satirical title of this post, “Marriage is the chief cause of divorce” is credited to Julius Henry who is most commonly known as Groucho Marx the rapid fire comedian. However, divorce is never funny. While marriage can be wonderful, it can also be problematic. For many, marriage[…]
How to prevent parental kidnapping in Michigan. It is not uncommon for a parent to kidnap their own child. Maybe they lost custody or are angry and want to hurt the other parent. Whatever the case, parental kidnapping is a federal crime and a crime in Michigan. In many cases, parental kidnapping can be prevented.[…]
The Michigan divorce statutory waiting period The statutory waiting period for a Michigan divorce is dictated by statute. The Law – Michigan Compiled Laws 552.9f (MCL 552.9f) The statutory waiting period for a Michigan divorce is found in Michigan Compiled Laws 552.9f. MCL 552.9f provides that a Michigan divorce without a minor child must wait[…]
The UCCJEA in Michigan: Transferring and enforcing an out of state custody determination The Uniform Child Custody Jurisdiction Act (“UCCJEA in Michigan”) provides that the home state of a child has exclusive and continuing jurisdiction for child custody litigation. So what happens if the home state of the child changes? For example, if the parents[…]
Dependent child exemption and support – Is it worth fight over? A dependent child exemption reduces a taxpayer’s adjusted gross income leaving more money in the taxpayers pocket by ensuring that not all of your income is taxed. In 2014, the value of a dependent child exemption is $3,950.00 per child. That is real money.[…]
Custody in Michigan – Best interest of the child factor (f) Best Interest of the Child Factor : One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (f). Best[…]
K-1 business income in Michigan divorce, alimony and support cases. (c) 2015 Many tax returns contain schedules. If your spouse has business income, then the income is reported on schedule K-1. Schedule K-1 provides information regarding a business owner or partner’s share of income, deductions and credits. Schedule k-1 business income is an Internal Revenue Service form that[…]
Finding hidden income in Michigan divorce and support cases. (c) 2015 Finding hidden would be easy if everyone put cash under the mattress. The fact is, finding hidden income is sometimes hard. Discovering hidden income can impact child support, spousal support (alimony) and property division. Here are some simple techniques to discovering hidden income: Look at[…]
Custody in Michigan – Best interest of the child factor (e) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (e). Best interest of the child factor (e) examines the permanence, as a family unit of the proposed custodial home or homes. Best interest[…]
Taxes and divorce April is tax season and questions about taxes and divorce are numerous in our Michigan divorce and family law practice. Here are some key tax considerations in preparing your 2014 tax return. Divorce or separation brings many changes. Some of the changes have tax and divorce issues. Change of name: If you restored[…]
The top five dirty divorce tricks Divorce can be coupled with anger, jealousy and other deep emotional triggers. These triggers can result in revengeful gamesmanship or greed. Some spouses will use every trick in the book to win at all costs. 1. Conflicting out top attorneys: It is important to hire a top attorney[…]
Can a court take a passport to enforce child support? The answer may surprise you. Every U.S. citizen has a fundamental right to travel. The fundamental right to travel was first addressed by the Supreme Court in 1920 in the landmark case of United States v. Wheeler 254, U.S. 281 (1920) when the Court held[…]
What is the number one cause of divorce? As a divorce attorney in practice for almost 20 years, I have a unique perspective in answering the question as I have asked virtually every client I have represented why they are getting divorced. In fact, under Michigan divorce law, the answer to the question can have important[…]
Custody in Michigan – Best interest of the child factor (d) One of the twelve child custody factors set forth in the Child Custody Act is best interest of the child factor (d). Best interest of the child factor (d) examines the length of time a child has lived in a stable, satisfactory environment, and[…]
The Friend of the Court Referee A Friend of the court referee is appointed by the chief Judge to assist in Michigan divorce, custody and domestic relations cases. A Michigan Friend of the Court Referee power is defined in Michigan Compiled Laws Section 552.507. Michigan law (MCL 552.507) provides that a Friend of the Court[…]