When property is divided in a Judgment of Divorce is typically final and non-modifiable. However, a party can petition the court for relief from a Judgment of Divorce under MCR 2.612 in certain instances.
When negotiating a Michigan divorce, is it appropriate to deduct an unrealized real estate commission? In this case, the Michigan Court of Appeals decided that it is not appropriate to do so. When a marital home is at issue in a Michigan divorce, a court has three choices. The court can either award the home[…]
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[…]
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[…]
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 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[…]
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.