Free pension calculator

Free Divorce Pension Calculator

Free Divorce Pension Calculator. The Divorce Pension Calculator is a Google spreadsheet that you can use to calculate the marital portion of a pension benefit in a divorce. The Divorce Pension Calculator estimates the marital portion of a pension benefit utilizing the coverture fraction. While there are a few different ways to divorce as divorce[…]

Findling Law

Someone to Lean On during a Divorce

Need someone to lean on during divorce? It may come as no surprise that a divorce may bring difficult times. The parties involved, the family, and even close friends may feel the impact of the process. You likely need someone to lean on. Emotions can range from relief, to despair, to anger, to hurt, to[…]

How to divide a pension plan

How to divide a pension plan in a Michigan Divorce?

Every day or so, I receive a phone call from a potential client or lawyer concerning how to divide a pension plan in a Michigan divorce?Traditionally a pension benefit is a work related benefit where the benefit amount is defined by a pension plan. Unlike a defined contribution plan, which reflects a contributed benefit (think a[…]

divorce in love

Divorce when you still love each other

Sometimes things don’t get better. You are afraid to talk to your spouse. When you do, you feel like you are being judged, disregarded or ashamed. You start keeping secrets and contemplate having an affair. Maybe you feel that your spouse is worthless, however you still are in love. You are conflicted, torn and confused.[…]

parental kidnapping

Parental kidnapping is child abuse – Understanding Michigan divorce law

According to the National Center for Missing & Exploited Children there were 456,676 entries for missing children in 2016 about ½ of all of the entries involve parental kidnapping.  The NCMEC reports 203,000 children are victims of parental kidnapping. The law is clear, parental kidnapping is a serious crime. In this article, we will examine parental[…]

Attorney fees

Attorney fees – when justice requires an award . . .

On December 7, 2017, the Michigan Court of Appeals issued an opinion regarding a father’s claim for attorney fees in a Michigan family law case. In the case of Girdis v. Girdis, the mother took an appeal of the trial court’s ruling granting the father attorney fee. The award of attorney fees was in response[…]

tax reform and divorce

Tax reform and divorce. It could radically change Michigan Divorce!

Senate and House republicans recently reached an agreement on the final tax bill which was signed by President Trump today. The impact of tax reform and divorce law may be significant. The tax reform law goes into effect on January 2018.  However, as everyone knows we file taxes in April for the prior tax year[…]

Court ordered therapy

Court ordered therapy does not modify parenting time.

On December 12, 2017, in the case of Ludwig v. Ludwing, the Michigan Court of Appeals issued an opinion for publication which is a pretty big deal. Unlike an unpublished opinion which is advisory, published opinions must be followed by every trial court in Michigan. The opinion determined that Court ordered therapy between a parent[…]

The divorce process – the basics and the nitty gritty details

The formal Michigan divorce process – Divorce Steps:  In Michigan, a divorce follows a formal process.  It is important to note that a case can settle at any time during the divorce process. The statutory waiting period for a divorce with  and our Michigan divorce attorneys understand the steps and can help you navigate the[…]

Michigan Alimony and spousal support – The nitty gritty details

It is easy to get lost in the trees when you should be focusing on the forest.  However, we recognize that some people like the nitty gritty details which is why we created the nitty gritty details series.  The nitty gritty details series will focus on the technical side of Michigan divorce, custody and support[…]

contempt of court

Contempt of court. Go to jail. Do not pass go. Do not collect $200.00.

When a court enters an order, the power to enforce the order is by a finding of contempt of court and violating a court’s order is not a child’s game.  Contempt of court is the willful failure to obey a court’s order and can be punished by a civil penalty (money), criminally (jail) and sometimes[…]

Findling Law

A letter to the Newly Minted Attorney – Kristina Bilowus

The Ghost of a Lawyer Future – A letter to the Newly Minted Attorney Kristina Bilowus, is an associate attorney at Findling Law and adjunct professor at Western Michigan University Cooley Law School. Kristina had the honor of being published in the November 2017 Michigan Bar Journal, a publication by the State Bar of Michigan.[…]

Separate property

Marital and Separate Property? But my parents gave me the home . . .

In the case of Szcygiel v. Szcygiel, the husband challenged the trial court’s finding that a home acquired by the parties during the marriage by an inheritance was his wife’s separate property. The parties married in 1980 and had two children.  The marital home was on one acre in Kingston, Michigan.  The wife’s parents lived[…]

settlement agreement

Another case of an unfair settlement agreement or buyer’s remorse

On October 17, 2017, the Michigan Court of Appeals issued an opinion in the case of Jaroh v. Jaroh. After the parties signed a settlement agreement at mediation. However, before the court entered the Judgment of Divorce, the wife filed a motion to set aside the settlement agreement, claiming the terms were not fair, duress[…]

Rancilo

The Judges of Macomb County Divorce Court

Macomb County Circuit Court – Family Division:  At Findling Law, we have the great privilege of appearing before divorce courts throughout the state of Michigan.  One of these courts is the Macomb County Circuit Court.   The Macomb County Circuit Court – Family Division is simply known as the Macomb County Divorce Court. The Macomb[…]

custody of an embryo

Custody of an embryo? The case is pending.

Sometimes the Court of Appeals refuses to make a decision and directs the trial court to do so before making a decision.  Such was the outcome in the case of Karungi v. Ejalu, which is case involving custody of an embryo. Gloria Karungi and Ronald Ejalu are the parents of a daughter who was naturally[…]

motion to change custody

Motion to change custody – Friend of the Court schooled!

On September 21, 2017, the Michigan Court of Appeals reviewed the case of Christopher Gucwa v. Maranda Lee.  Miranda asked the Court of Appeals to review the dismissal of her Motion to change custody. A Motion is a term of art used in the legal profession to ask the court to do something and Miranda[…]

Separation in Michigan

Legal separation in Michigan

There are three types of legal separation in Michigan. The first type of legal separation in Michigan is called a Separate Maintenance Agreement. A Separate Maintenance Agreement is similar to a divorce. One party files a Complaint for Separate Maintenance with the court. Unlike a divorce were the court ends the marriage with a Judgment[…]

move on

Losing the Emotional Baggage So You Can Move on with Your Life

Regardless of whether you think that your life was better or worse before your divorce, you’re still left with a lingering set of emotions as you maneuver your way through the process. These emotions – this baggage – can be holding you back from finding happiness again. Consider how losing the emotional baggage can help[…]

joint legal custody

Michigan mom facing jail time for not vaccinating her son.

In a recent report by ABC news, Rebecca Bredow indicated that she would “absolutely” rather go to jail than vaccinate her son.  Her former husband, on the other hand wants to follow a regular vaccination schedule and she is refusing to do so. The American Academy of Pediatrics consider vaccinations safe, effective and the most[…]

Fault

Fault.  Another fight of the century – Ali v. Ali (not really)

In the case of Ali v. Ali, the husband took an appeal from the trial court’s decision to award the wife 80% of the value of the marital home.  Why? Because the court found him at fault for lying to the court about his assets and income. While there is no requirement under Michigan law[…]

Oakland County Divorce

The Judges of Oakland County Divorce Court

Oakland County Circuit Court – Family Division:  At Findling Law, we have the great privilege of appearing before divorce courts throughout the state of Michigan.  One of these courts is the Oakland County Circuit Court.   The Oakland County Circuit Court – Family Division is simply known as the Oakland County Divorce Court. The Oakland[…]

change child custody

A soldier’s request to change child custody in Michigan.

On August 22, 2017, the Michigan Court of Appeals in the case of Roe v. Roe upheld the trial court’s decision to change child custody from the mother to the father. In the Roe case, the parties married in 2006, separated in 2010, and divorced in 2014.  The father is a soldier in the United[…]

child custody

Child custody hearing – sometimes you have to have one.

When a trial court is faced with a request to change child custody, it must first make a determination if there is proper cause or a change of circumstances since the last child custody order.  If a court determines that there is proper cause or a change of circumstances then the trial court must conduct[…]

Child support

Case law update:  Retirement Statute of limitations.

A statute of limitations is a law that defines how long a person has to bring a legal action.  In some cases, it simply is time to move on.  For example, the current statute of limitations on unpaid child support is 10 years from the date the last payment is due.  So, if your child[…]