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Division of 401(k) plans in divorce. Passive and active appreciation.

Michigan divorce law distinguishes between active and passive appreciation when dividing retirement accounts in divorce. The seminal case on point is Reeves vs. Reeves. The post Division of 401(k) plans in divorce. Passive and active appreciation. appeared first on 248-399-3300 Findling Law.

Child support and overtime income

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 post Child support and overtime income appeared first on 248-399-3300 Findling Law.

Can a child decide who to live with in a Michigan custody case?

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[...] The post Can a child decide who to live with in a Michigan custody case? appeared first on 248-399-3300 Findling Law.

Custody when mother interferes with everything

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 post Custody when mother interferes with everything appeared first on 248-399-3300 Findling Law.

How much social security does an ex spouse get?

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[...] The post How much social security does an ex spouse get? appeared first on 248-399-3300 Findling Law.

Understanding Michigan custody law.

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. The post Understanding Michigan custody law. appeared first on 248-399-3300 Findling Law.

How to get an Annulment in Michigan.

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[...] The post How to get an Annulment in Michigan. appeared first on 248-399-3300 Findling Law.

Michigan Divorce Laws – Everything there is to know.

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 post Michigan Divorce Laws – Everything there is to know. appeared first on 248-399-3300 Findling Law.

Remote learning and divorce. What if you can’t agree?

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. The post Remote learning and divorce. What if you can’t agree? appeared first on 248-399-3300 Findling Law.

The 2020 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[...] The post The 2020 Judges of Oakland County Divorce Court appeared first on 248-399-3300 Findling Law.

When can a court suspend parenting time?

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). The post When can a court suspend parenting time? appeared first on 248-399-3300 Findling Law.

Is it important to be the first to file for divorce? It may be.

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[...] The post Is it important to be the first to file for divorce? It may be. appeared first on 248-399-3300 Findling Law.

Summer parenting time with Covid. How to parent?

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[...] The post Summer parenting time with Covid. How to parent? appeared first on 248-399-3300 Findling Law.

Spousal Support in Michigan. How can you get it or will you have to pay?

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. The post Spousal Support in Michigan. How can you get it or will you have to pay? appeared first on 248-399-3300 Findling Law.

COVID-19, The Financial Markets, Black Swan and Divorce

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[...] The post COVID-19, The Financial Markets, Black Swan and Divorce appeared first on 248-399-3300 Findling Law.

Can a court force you to stay in business with your ex?

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[...] The post Can a court force you to stay in business with your ex? appeared first on 248-399-3300 Findling Law.

The CARES stimulus in a Michigan divorce – who gets the money?

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,[...] The post The CARES stimulus in a Michigan divorce – who gets the money? appeared first on 248-399-3300 Findling Law.

COVID-19: THE CONCERNING SURGE OF DOMESTIC VIOLENCE

COVID-19 is responsible for a concerning increase in domestic violence as well as a depletion of resources available to those in need. The post COVID-19: THE CONCERNING SURGE OF DOMESTIC VIOLENCE appeared first on 248-399-3300 Findling Law.

Ex parte divorce status quo orders and restraining orders video

There are two common ex parte orders entered in a Michigan divorce case. The first is called a financial status quo order and the second is a restraining order regarding property transfer. The post Ex parte divorce status quo orders and restraining orders video appeared first on 248-399-3300 Findling Law.

Child Custody Jurisdiction

On March 12, 2020, the Michigan Court of Appeals issued its opinion in the case of Negron vs. Watts. In this Michigan custody action, the mother argued on appeal that the court lacked child custody jurisdiction to decide the case. Therefore, the final custody and parenting time order granting father sole legal and physical custody[...] The post Child Custody Jurisdiction appeared first on 248-399-3300 Findling Law.

Are Zoom hearings in Michigan legal?

M.C.L.A. 600.1420 provides: "The sittings of every court within this state shall be public. . ." Zoom hearings are private. The post Are Zoom hearings in Michigan legal? appeared first on 248-399-3300 Findling Law.

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.[...] The post Laid off or fired because of COVID-19? The time to modify support is now. appeared first on 248-399-3300 Findling Law.

How do you exercise parenting time during the Coronavirus outbreak?

You should still exercise parenting time during the Shelter in Place Order if safe to do so. See: Section 7(b)(4) of Governor Whitmer's Shelter in Place Order. The post How do you exercise parenting time during the Coronavirus outbreak? appeared first on 248-399-3300 Findling Law.

Michigan Child Custody Act Appeal – O’brien vs. D’Annunzio

On February 27, 2020, a Michigan child custody act appeal was decided by the Court of Appeals in the case, entitled O’brien, Jr., v. D’Annunizio. In the O’brien case, the mother mother appealed the trial court’s order granting the father sole legal and physical custody of the parties’ twin children. Michigan Child Custody Act Appeal[...] The post Michigan Child Custody Act Appeal – O’brien vs. D’Annunzio appeared first on 248-399-3300 Findling Law.

Michigan divorce and family law firm remains open during COVID-19.

Findling law, your Michigan divorce and family law firm remains open for business during the COVID-19 pandemic. We can meet by phone, video teleconference and in person. As one of Michigan’s best divorce and family law firms, we recognize that problems need to be solved even during national emergencies. We have also produced comprehensive video[...] The post Michigan divorce and family law firm remains open during COVID-19. appeared first on 248-399-3300 Findling Law.

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