In Michigan, a custodial parent is the the parent with whom a child spends the majority of overnights with during the course of a year. This definition is similar to that used by the Internal Revenue Service when determining dependent status for tax purposes.
Determining income for child support or alimony purposes in Michigan often requires looking beyond the tax returns. So what is considered income for support in Michigan? Income for support and the 2021 Michigan Child Support Formula Manual Chapter 2 of the 2021 Michigan Child Support Formula Manual is a good resource in how to determine[…]
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[…]
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[…]
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[…]
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,[…]
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.[…]
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.
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[…]
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[…]
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[…]
With over 100,000 views, the Michigan Divorce Education Series provides information that matters to you most.
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 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.[…]
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,[…]
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[…]
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[…]
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[…]
Why lying under oath is a very big deal in a Michigan divorce.
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[…]
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[…]
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 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[…]
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[…]