burden of proof

The burden of child custody – burden of proof case law

When fighting for custody in a Michigan divorce or custody case you have an obligation to prove your claims with evidence.  This obligation is called the burden of proof. The different Michigan child custody burden of proofs are: Clear and convincing evidence which requires evidence that the claim is very highly probable; and Preponderance of[…]

Endofchildsupport

The end of child support in Michigan

The end of child support in Michigan Everything comes to an end, including the obligation to pay child support.  Which begs the question, when is the end of child support in Michigan? The answer to the question is found in two Michigan laws, the Child Custody Act of 1970 and the Michigan Support and Parenting[…]

living together

Living in sin? It’s against the law to live together before marriage in Michigan!

Think twice before deciding to live together before marriage in Michigan – It’s against the law! It is really true.  It is against the law to live together before marriage in Michigan.  Living together before marriage is also called cohabitation and is a crime in Michigan.  The law likely enacted to promote marriage. The cohabitation[…]

legal dictionary

A car accident defines physical custody in Michigan (finally).

The phrase “physical custody” has a troubled history and future in Michigan.  In fact, the “physical custody” is also viewed by many as politically incorrect.  After all, who wants to think of a parent having physical custody of a child. The future of the phrase also seems at risk as many Michigan divorce and custody[…]

rape2

Michigan Custody update: Snyder signs the Rape Survivor Custody Act

The Rape Survivor Custody Act protects woman who become impregnated by a rapist. Governor Snyder singed the Rape Survivor Custody Act set forth in Michigan Senate bill 858 and Michigan House bill 4481 were reconciled and signed into law by Governor Snyder on May 3, 2016. Widely lauded by conservative right to life groups who[…]

lets make a deal

Let’s make a deal – Child support agreement?

Although Michigan law requires child support to be paid in accordance with the Michigan Child Support Formula Manual, people often enter into a child support agreement that deviates from the formula.  In certain circumstances were application of the Michigan Child Support Formula Manual would be unjust or inappropriate, the parties, with approval of the court[…]

Changes at Oakland County Divorce Court

Changes at the Oakland County divorce court

The Oakland County divorce court is changing.  Mandatory retirement, judicial appointments and elections in November will result in even more changes at Oakland County divorce court.  The Oakland County divorce court is made up of Judges from both circuit court and probate court.  These judges specialize in hearing family law cases such as divorce, custody,[…]

divorce with children

Some thoughts on divorce with children

Some thoughts on divorce with children This letter is written from the perspective of an experienced divorce and family lawyer and not an expert opinion of a mental health professional.  A mental health professional may agree or disagree with this letter.  If you are considering divorce, have been divorced or are going through a divorce[…]

Margarine causes divorce

Eating margarine causes divorce in Michigan.

If you are married and live in Michigan . . . DO NOT EAT MARGARINE!   Eating margarine causes divorce in Michigan. When marketing my divorce practice, I rely on data.  I examine divorce metrics such as the divorce rate, income, age and education of potential divorcees.  After all, marketing is expensive and data can[…]

Arbitration

Arbitration and Michigan Divorce

In a Michigan divorce, the parties can agree to arbitration instead of trial. Arbitration is a form of alternative dispute resolution which is also referred to as ADR.  Arbitration is similar to mediation except the arbitrator can make a binding decision if the parties cannot agree on an issue. When parties mediate a divorce case,[…]

hiding assets

How to hide assets in a divorce case.

Why hide assets in a divorce case?   The answer is simple, to prevent sharing the assets with your spouse.   WARNING:  Do not hide assets in a divorce case!  –  “Don’t do the crime, if you can’t do the time” – Baretta.  Hiding assets in a divorce case may be illegal and the consequences will[…]

Security for support

Support security

Support security is important in Michigan divorce or child custody cases where child support or alimony (spousal support) payments are awarded.  The security provides protection in the event the person responsible for paying child support or alimony stops paying. Support security in cases of death When the person responsible for paying child support or alimony[…]

Canyousueajudge

Can you sue a Judge in Michigan?

Can you sue a Judge in Michigan?  Let’s face it, sometimes Judges get things wrong.  When they do, one option is to take an appeal, but can you sue a Judge in Michigan? The Michigan Court of Appeals is an intermediate higher court and can overturn a lower court’s decision when it makes an error[…]

Michigan child custody law - the statutes.

Michigan child custody law – the statutes

Michigan child custody law – the statutes. In this article we examine the most commonly cited statutes relating to Michigan child custody law. Sources of Michigan child custody law Michigan child custody law comes from four sources, statutes, precedent, court rules and English common law.  When the legislature passes a Michigan child custody law, the[…]

child tax credit

Child tax exemption and Michigan law.

Child tax exemption rules The rules for claiming a child tax exemption are complex.  Add a divorce or custody determination to the mix and the rules for claiming a child tax exemption can give even a seasoned tax professional a headache.   The first rule is that the child must be your qualifying child.  […]

child-abduction

Child abduction by a parent is a crime in Michigan

Custody in Michigan – Child abduction law in Michigan Child abduction by a parent is a felony Michigan which means it is punishable by more than 1 year in prison.  The Michigan Penal Code Act 328 of 1931 can be found in MCL 750.350a and is commonly known as the Parental Kidnapping Prevention Act.  […]

Avoid-Fraud

How to prevent divorce fraud?

What is divorce fraud? Divorce fraud occurs when one party in a divorce case intentionally deceives the other party for his or her personal gain. What does Michigan divorce fraud law provide? Previously, we examined the rights available to victims of divorce fraud.  Generally speaking, if you are the victim of divorce fraud you have[…]

fraud

Divorce fraud in Michigan divorce cases – time matters!

Imagine entering into a divorce settlement only to find out later that your spouse committed divorce fraud.  Divorce fraud occurs when someone uses deception to alter a result for financial or personal gain.  The most common divorce fraud involves the value of something, typically a business, real estate or investment.  Divorce fraud occurs when one[…]

Best interest of the child factor (i) – “I want to live with . . .”

Best interest of the child factor (i)  –  “I want to live with . . .” Best interest of the child factor (i) examines if it is ever appropriate for a child to decide who to live with?   Frankly, the short answer is no.  A child is not a parent.  A child is a child and[…]

Show-Cause1

Show Cause Hearing

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[…]

school choice

Choice of School – Changing school in a Michigan divorce or custody case.

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.[…]

Physical custody in Michigan

What happened to physical custody in Michigan?

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[…]

confidential

Confidential Settlement Agreements

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)

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[…]

Health care for kids

 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[…]