Support modification

Laid off or fired because of COVID-19? The time to modify support is now.

If your income has been reduced because of the economic effect of the COVID-19 outbreak, Governor Whitmers’ Executive Order 2020-21 (COVID-19), and an alimony or child support order is in effect, the time to modify support is now. There is no retro-active modification of alimony or child support. Time is of the essence to modify support.[…]

Child Support

How often can child support be modified?

Simply put, there is no limit as to how often child support can be modified in Michigan, provided there is a significant change of circumstance since the entry of the last child support order.

Friend of the Court

Oakland County Friend of the Court

If you are involved in a divorce or custody matter in Oakland County Michigan than you need to know about the Oakland County Friend of the Court.Like the name implies, the Friend of the Court (“FOC”) assists the Oakland County Divorce and Family Court Judges. If an Oakland County divorce or Child custody or Child[…]

Custody in Michigan

Changing custody in Michigan Video

This video on changing custody in Michigan (custody modification) video webinar provides the most updated information on modifying child custody and an existing child custody order. We believe that knowledge is not only comforting but will put you in control of your situation which is why we created the Michigan Divorce Education Series and in[…]

Divorce laws in Michigan

What are the divorce laws in Michigan?

The divorce laws in Michigan provide that a divorce will be granted upon a finding by the court  that there has been a breakdown in the marriage. This language summarizes the no-fault divorce law that changes your legal status from married to divorced.  The Divorce Laws in Michigan – No fault divorce. The no-fault divorce[…]

Legal Separation in Michigan

If divorce has crossed your mind but you are not ready to file, you may want to consider legal separation. Deciding to stay or leave takes courage. Legal separation in Michigan can be as simple as a private agreement to separate to a legally enforceable document.

Michigan Common Law Marraige

Michigan Common Law Marriage

Michigan common law marriage was abolished in 1957.  Common law marriage is the recognition of a marriage without being officially married. Under Old English Common Law (and in many states) when a couple lives together and holds themselves out to friends and family as being married had the same effect as officially tying the knot.[…]

Court Order

A court speaks through its orders, not its oral statements.

In the majority of divorce and family law cases, a court will issue its opinion from the bench. This is more common during motion call. The other times a court will issue a written opinion. Careful drafting is important because a court speaks through its orders. When a court issues its opinion from the bench,[…]

Can you force your spouse to move out of the house?

Sometimes “forever or worse” becomes “get out of the house” which begs the question, what can you do if your spouse won’t move out of the house? In the context of a Michigan divorce there are only two ways to compel someone to move out of the house. The first way to compel your spouse[…]

Michigan Divorce

Should you get a divorce?

One of the hardest conversations I ever have is when someone asks me what I think about the question: “Should I get a divorce?” Although I am an attorney and counselor of law, I am not clergy or a therapist. Divorce may be good for business, however, it is not what we are about. We[…]

Divorce Alternatives

How to get relief from a Judgment of Divorce.

Once a Michigan Judgment of Divorce is entered most people think that things are final and they are right. The limited exception to this rule applies to custody, parenting time and support which can change when there is a change of circumstances.  However, there are certain limited circumstances when you can request a court to[…]

settlement agreement

Can you change your mind after settlement?

You successfully settled your divorce case when you wake up the next morning with regret, buyer’s remorse, or simply that sinking feeling experienced about what you just did. Can you change your mind after settlement? The first step in the analysis is determining if your settlement is in fact a contract. Was there an offer[…]

Move out Michigan Divorce

The decision to move out of your house before divorce.

In almost every Michigan divorce the topic of moving out of the house must be addressed. Moving is tough especially when going through a divorce. Every Michigan divorce has an emotional component and the decision to move out of the home is not without emotional considerations. After all, you worked hard on making your home[…]

Jake Cunningham

The “new” Judges of Oakland County Divorce Court

With the midterm elections now over, we welcome two newly elected Oakland County judges. Traditionally, newly elected Oakland County judges serve on the Family Court. Family Court includes cases involving divorce, child custody, parenting time, child support and spousal support (alimony). The two newly elected Oakland County judges are Julie McDonald and Jake Cunningham. Julie[…]

Discovery

The use of a Discovery deposition at trial

Discovery is the formal process by which you “discover” information relevant to the case. In a Michigan divorce, custody or family law case, discovery is conducted in three ways.  First, Interrogatories (think Interrogate) which are written questions which must be answered under oath and subject to the felony of perjury.  Second, a Subpoena, which is[…]

statute of limitations

Statute of Limitations on child support is no more – the work around!

On September 18, 2018, the traditional rule that a civil action to enforce a child support order is subject to a 10-year statutory limitations period. MCL 600.5809(4); People v Monaco, 474 Mich 48, 54-55; 710 NW2d 46 (2006) has been turned on its head by the Michigan Court of Appeals in a recently published opinion[…]

The legal authority for the Michigan child support guidelines.

Most people know that child support is determined by guidelines. In this article, we examine the legal authority for the Michigan child support guidelines. When I was a first year law student, a law school professor instilled a legal concept that every law has to have legitimacy and every lawyer should know the legitimacy of[…]

He say, She say?  I say hearsay.

The rules of evidence are sometimes lost in the emotional turmoil of a Michigan divorce or custody case. However, the rules apply. The hearsay rule of evidence is one of the most important rules and is found in the Michigan Rules of Evidence (“MRE”) sections 801-806. Hearsay is a statement (an oral or written assertion or[…]

Child Support

How much is too much child support? $129,000 per month!

The recent headlines are rampant with outrageous child support awards. Take for example Blake Griffin, the star forward on the Detroit Pistons who was reportedly ordered by a Los Angeles Court to pay child support in the sum of $258,000.00 per month for the support to two minor children he had with his ex-fiancé, former[…]

Findling Law

Creating an Effective Divorce Attorney-Client Relationship: Part II

In the first part of this three-section discussion of an effective divorce attorney-client relationship, meaningful communication was discussed. In this second installment, the concept of professionalism, as it relates to both attorney and client, is explored. Professional responsibility is a concept attorneys study as students. As an overall concept, professionalism is something we consider when[…]

Child Support

How to have your spouse pay your attorney fees?

Can you have your spouse pay your attorney fees for a divorce or other family law case?  The answer is yes! When someone starts to think about divorce, one of the first questions they have is how much is it going to cost? The cost of a divorce varies with the complexity of the case[…]

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[…]

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[…]

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