The phrase custodial parent is not defined in Michigan divorce or custody law. However, the term has evolved to mean the parent that is awarded the majority of parenting time in a specific Michigan divorce or custody case. Michigan statutes and case law have defined two types of custody in Michigan. Legal custody and physical[…]
There is a barrier to modification of custody, child support, spousal support (alimony) and parenting time. The barrier is proper cause or change of circumstances. In a prior article, we examined the seminal case on the subject, Vodvarka v. Grassmeyer which defines both proper cause and change of circumstances in the context of a child[…]
In Michigan a change of circumstances is required to modify custody, child support, spousal support or parenting time. One of the most common questions asked to practitioners in family law cases involves modification of custody, child support, spousal support or parenting time in circumstances when the client perceives the result as unfair. In addressing the[…]
In Michigan, several key legal provisions govern with respect to where you can live and move with your kids including Michigan Compiled Laws section 723.31(1). and Michigan Compiled Laws section 723.31(4)
I have tried many cases before referee Lorie Savin and find her compassionate, knowledgeable and fair. Three wonderful qualities for a Michigan Divorce and Family Court Judge.
In 2012, we envisioned a divorce video education series which evolved into the The Michigan Divorce Education Series by Findling Law. The idea was to provide quality information (more than just the basics with case law and statutory support) on Michigan Divorce, Custody, Alimony and support.
A divorce deposition is a form of discovery. Discovery is the formal process by which you “discover” information relevant to the case. There are three forms of discovery in a Michigan divorce. First, Interrogatories (think to interrogate) which are written questions which must be answered under oath and subject to the felony of perjury. Second, a[…]
Michigan divorce law distinguishes between active and passive appreciation when dividing retirement accounts in divorce. The seminal case on point is Reeves vs. Reeves.
Can a court impute overtime income in calculating child support? This issue was addressed by the Michigan Court of Appeals on September 10, 2020, in its opinion in the case of Olivero v. Olivero. In the Olivero case, the father objected to a Friend of the Court recommendation which imputed overtime income to father in[…]
The short answer is no, however, under Michigan law in every Michigan custody case a child has a right to be heard and the court must consider the child’s preference in awarding custody and parenting time. In every Michigan parenting time or child custody case the trial court is required to consider the statutory best[…]
On August 13, 2020, the Michigan Court of Appeals issued an opinion in a child custody awarding the father custody after determining that the mother interferes with everything. The case of Osborne v. Osborne arises out of a tumultuous divorce and child custody dispute. The parties had two children and divorced in 2019. The divorce[…]
The ex spouse of a worker covered by social security may qualify for a benefit equal to 50 percent of the insured worker’s primary insurance amount while the worker is living and 100 percent of the insured worker’s primary insurance amount after the insured workers death. See: 42 USC 402(b)(2),(c)(2),(e)(2)(a), (f)(3)(A). The benefits paid to[…]
Michigan Custody Law can be broken down into three steps. First, (in modification cases), you must address proper cause or change of circumstances. Second, you must address an established custodial environment. Third, you must address the best interest of the child factors.
An annulment, is a judicial determination that the marriage did not occur. A divorce is the changing of the legal status by a court from married to unmarried. The grounds for an annulment in Michigan. The grounds recognized for an annulment in Michigan are: Bigamy (married to more than one person); A marriage to a[…]
There are two paths in every divorce, the emotional path and the legal path. We trust that you understand how you feel. We help you understand the law.
The seminal case on choice of school issues is Pierron v. Pierron and we have you covered with the nitty gritty details on how the process works.
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[…]
Prior to suspending parenting time of a party, the trial court must hold an evidentiary hearing and find by clear and convincing evidence that continuation of parenting time would endanger the child’s physical, mental, or emotional health. Rozek v Rozek, 203 Mich App 193, 194-195; 511 NW2d 693 (1993).
If your relationship is on the rocks you may wonder if it is important to be the first to file for divorce? Is it important to be the first to file for divorce? Every divorce has an emotional and legal component. The legal component involves the division of assets, liabilities, support and concerns regarding the[…]
With Memorial Day in our rear-view mirror, we look forward to summer. Sunny days. Lemonade stands. Pool toys. Boats. Games of capture the flag. Ice cream trucks. Sleep-away camp. These are just some of the many things we associate with the summer months in the great State of Michigan. Unfortunately, we are entering summer during[…]
Michigan Compiled Laws Section 552.23 provides that a Michigan court can order spousal support if the estate and effects awarded to either party are insufficient for his/her support.
What is a “Black Swan” event and why do financial and news outlets from Forbes to Yahoo and CNN to the Wall Street Journal keep using this mystifying term? Black swan events generally are unpredictable events far beyond what is typically expected and have potentially severe and catastrophic consequences. While some leading epidemiologists and public[…]
There is an old adage in Michigan Divorce and Family Law cases. “You do not want your ex as a business partner”. However, in a recent Houghton Circuit Court case, that is exactly what the trial court ordered. On Appeal, the Michigan Court of Appeals address the issue if a divorce court can force you[…]
As you are almost certainly aware, President Trump signed the CARES act on Friday, March 27, 2020. This act provides that individuals with an income lower than $75,000.00 and couples filing joint tax returns with incomes lower than $150,000.00 total are entitled to a “stimulus credit” in the amount of $1,200.00 and $2,400.00 respectively. Additionally,[…]
COVID-19 is responsible for a concerning increase in domestic violence as well as a depletion of resources available to those in need.