Tag: Oakland County

Divorce in Oakland County

Posted on April 20, 2021April 20, 2021 by Daniel Findling

You may think that there is no difference in the divorce laws by County and you are right, sort of. Divorce law is uniform throughout the state, a divorce in Oakland County is different for a number of reasons.

Posted in Alimony, Child Custody, custody, Divorce, Michigan Divorce and Family Law Articles - By: Attorney Daniel Findling, Michigan Divorce Education Series, Michigan Divorce Information, Property Division Tagged Divorce in Oakland County, Oakland County, oakland county divorce, Oakland County Divorce Court Leave a comment

Lorie Savin – Oakland County’s New Family Court Judge

Posted on December 17, 2020April 20, 2021 by Daniel Findling

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.

Posted in Divorce, Michigan Divorce and Family Law Articles - By: Attorney Daniel Findling, Michigan Divorce Education Series, Michigan Divorce Information Tagged Judge Savin, Oakland County, oakland county divorce, Oakland County Family Court, Oakland County Friend of the Court Leave a comment

Oakland County Friend of the Court

Posted on February 21, 2020April 28, 2020 by Daniel Findling

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[…]

Posted in Child Custody, Child Support, custody, Divorce, Michigan Divorce and Family Law Articles - By: Attorney Daniel Findling, Michigan Divorce Information, Parenting Time, spousal support Tagged Alisa Martin, Camille Dennis, Christopher Harrington, Evanne Dietz, FOC, Friend of the court, Geoffrey Wojcikiewicz, Ilyssa Cimmino, Kate Weaver, Kathryn Mayer, Lorie Savin, Mark Sherbow, Oakland County, Oakland County FOC, Oakland County Friend of the Court, Rebecca Decoster, Rebecca Ellis, Sahera Housey, Traci Rink, Tyler Martinez Leave a comment

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Divorce in Oakland County

Michigan adultery law – it is a crime.

Adultery under Michigan adultery law is never enforced. However, the adultery statute provides: “Adultery is the sexual intercourse of 2 persons, either of whom is married to a third person.” Michigan Compiled Laws 750.29 The punishment for the crime of adultery is severe. Adultery is a felony, which means adultery is punishable by more than[...] The post Michigan adultery law – it is a crime. appeared first on 248-399-3300 Findling Law.

Michigan Child Support Formula Manual 2021 – Change is here!

The Michigan Child Support Formula Manual an the Michigan Child Support Formula Supplement were updated. The new guidelines are effective January 1, 2021. The 2021 Michigan Child Support Formula Manual provides the formula utilized by Michigan Court’s to determine a child support obligation. With very limited exceptions Michigan Court’s may not deviate from the formula.[...] The post Michigan Child Support Formula Manual 2021 – Change is here! appeared first on 248-399-3300 Findling Law.

What is separate property in a Michigan divorce?

When love and respect run out and a divorce is pending, it is important to understand what is separate property because under most circumstances separate property is not divided in a divorce case. Typically, separate property is identified as: “[p]roperty that a spouse owned before marriage or acquired during marriage by inheritance or by gift from a[...] The post What is separate property in a Michigan divorce? appeared first on 248-399-3300 Findling Law.

Divorce, property and a real estate commission

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[...] The post Divorce, property and a real estate commission appeared first on 248-399-3300 Findling Law.

Divorce and inherited property – how to keep it.

Michigan compiled law 552.19 provides that inherited property is separate property because it is not acquired "by reason of the marriage", however there are exceptions. The post Divorce and inherited property – how to keep it. appeared first on 248-399-3300 Findling Law.

What is a custodial parent in Michigan?

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. The post What is a custodial parent in Michigan? appeared first on 248-399-3300 Findling Law.

Determining Income for support

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 post Determining Income for support appeared first on 248-399-3300 Findling Law.

The role of the custodial parent in Michigan Divorce.

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[...] The post The role of the custodial parent in Michigan Divorce. appeared first on 248-399-3300 Findling Law.

Proper cause or change of circumstances

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[...] The post Proper cause or change of circumstances appeared first on 248-399-3300 Findling Law.

Michigan divorce law and change of circumstances.

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[...] The post Michigan divorce law and change of circumstances. appeared first on 248-399-3300 Findling Law.

Can you move with kids now that you can work from anywhere?

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) The post Can you move with kids now that you can work from anywhere? appeared first on 248-399-3300 Findling Law.

Lorie Savin – Oakland County’s New Family Court Judge

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. The post Lorie Savin – Oakland County’s New Family Court Judge appeared first on 248-399-3300 Findling Law.

The Michigan Divorce Education Series.

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. The post The Michigan Divorce Education Series. appeared first on 248-399-3300 Findling Law.

Your Divorce Deposition – Think, don’t guess, don’t lie

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[...] The post Your Divorce Deposition – Think, don’t guess, don’t lie appeared first on 248-399-3300 Findling Law.

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.