" I never wanted to get divorced. I had
moments of clarity, but I shut them down. I mean, I remember one time
telling my coworker who got a bouquet of flowers that that was so
wonderful. She asked if I had gotten anything and I said no, but that my
husband was so wonderful, every day. I didn’t mind . . . ."
Article here (from fatherly.com)
Showing posts with label grand rapids divorce attorney. Show all posts
Showing posts with label grand rapids divorce attorney. Show all posts
Friday, November 2, 2018
Friday, August 26, 2016
Free Family Law Seminar: August 29, 2016 (continues monthly)
Tuesday, August 29, 6pm-7:30 pm. Room 107, East Grand Rapids Community Center, 750 Lakeside Dr. SE.
Topics covered: Divorce with minor children: filing the Complaint, requesting temporary relief, planning for your judgment of divorce.
Attendance at this seminar does not create an attorney-client relationship.
Call for details, or to RSVP, as space is limited. 616-406-6451
Topics covered: Divorce with minor children: filing the Complaint, requesting temporary relief, planning for your judgment of divorce.
Attendance at this seminar does not create an attorney-client relationship.
Call for details, or to RSVP, as space is limited. 616-406-6451
Monday, March 9, 2015
Spousal Support in Michigan, a Q &A primer
Q: What is Spousal Support?
A: Spousal support is an amount of money that is paid from one spouse to another, or to an ex-spouse, because of a divorce or pending divorce.
It used to be called "Alimony."
Also, traditionally, it was paid from the husband to his ex-wife. That is no longer the case, as either spouse may be ordered to pay.
Q: When is spousal support ordered?
A: It depends. Spousal support is not a "given" in the majority of cases. A judge considering spousal support will look at many factors. However, if the parties have minor children, the obligation of the parents to pay child support will come before any spousal support obligation.
Some of the factors of spousal support include: the need of one party to receive, the ability of the other party to pay, the ages of the parties, the length of the marriage, the health of the parties, the past relations and conduct of the parties (fault of the marriage breakdown can be part of this factor), present situation of the parties, responsibility for the support of others, and general principles of equity.
Q: What kinds of spousal support are available?
A: Support can be temporary, or permanent. Either type of support can be modifiable.
Temporary spousal support (also called rehabilitative support) can be ordered while a divorce is pending, and past the entry of the divorce. Temporary support is intended to help one party "get on their own two feet." In other words, it is intended to help get that spouse independent of the other spouse.
Temporary support has a timeline (for example, 18 months after entry of judgment) and after that point it is not ordered, unless it can be shown that circumstances warrant continuance.
Permanent spousal support has been found appropriate where there has been a long term marriage with a spouse who has no marketable skills, or one spouse with superior earnings and the other spouse with questionable earning capacity, or a great discrepancy between the incomes of the spouses and a wife who devoted most of her adult life to the "homemaker" role, or where there is a serious doubt that one spouse could support him or herself because of a disability.
Permanent spousal support generally continues until death or remarriage of the party.
Q: How is spousal support enforced?
A: It is enforced through various ways, like income witholding, liens, contempt (show cause), license suspensions, and interception of tax refunds.
Q: How is spousal support modified?
A; It is modified when one party requests the court for a modification. Unlike child support, no minimum time needs to pass before a modification request can be made. If the court has jurisdiction over the payor at the time of the order, the court will continue to have jurisdiction over a modification.
The person requesting modification has to be able to show, through new facts or changed circumstances, that a change is warranted. The person requesting the change has to show this through a preponderance of evidence.
Factors that will justify a modification include: remarriage, cohabitation, change in needs, change in the ability to pay, retirement of a party, or death of the payor.
A: Spousal support is an amount of money that is paid from one spouse to another, or to an ex-spouse, because of a divorce or pending divorce.
It used to be called "Alimony."
Also, traditionally, it was paid from the husband to his ex-wife. That is no longer the case, as either spouse may be ordered to pay.
Q: When is spousal support ordered?
A: It depends. Spousal support is not a "given" in the majority of cases. A judge considering spousal support will look at many factors. However, if the parties have minor children, the obligation of the parents to pay child support will come before any spousal support obligation.
Some of the factors of spousal support include: the need of one party to receive, the ability of the other party to pay, the ages of the parties, the length of the marriage, the health of the parties, the past relations and conduct of the parties (fault of the marriage breakdown can be part of this factor), present situation of the parties, responsibility for the support of others, and general principles of equity.
Q: What kinds of spousal support are available?
A: Support can be temporary, or permanent. Either type of support can be modifiable.
Temporary spousal support (also called rehabilitative support) can be ordered while a divorce is pending, and past the entry of the divorce. Temporary support is intended to help one party "get on their own two feet." In other words, it is intended to help get that spouse independent of the other spouse.
Temporary support has a timeline (for example, 18 months after entry of judgment) and after that point it is not ordered, unless it can be shown that circumstances warrant continuance.
Permanent spousal support has been found appropriate where there has been a long term marriage with a spouse who has no marketable skills, or one spouse with superior earnings and the other spouse with questionable earning capacity, or a great discrepancy between the incomes of the spouses and a wife who devoted most of her adult life to the "homemaker" role, or where there is a serious doubt that one spouse could support him or herself because of a disability.
Permanent spousal support generally continues until death or remarriage of the party.
Q: How is spousal support enforced?
A: It is enforced through various ways, like income witholding, liens, contempt (show cause), license suspensions, and interception of tax refunds.
Q: How is spousal support modified?
A; It is modified when one party requests the court for a modification. Unlike child support, no minimum time needs to pass before a modification request can be made. If the court has jurisdiction over the payor at the time of the order, the court will continue to have jurisdiction over a modification.
The person requesting modification has to be able to show, through new facts or changed circumstances, that a change is warranted. The person requesting the change has to show this through a preponderance of evidence.
Thursday, June 5, 2014
How does child support get calculated? A Michigan family law primer
This article is intended to give a newcomer to Michigan courts some background information into child support. It is not intended as legal advice that is specific to a given situation. For more information, see the article "What is the Friend of the Court?"
Q: Who has a right to child support?
A: All children under age 18 (until they graduate from high school or are emancipated) have a right to child support from both parents. Both natural or adoptive parents have an obligation to give support, unless a court modifies or terminates the obligation, or the child becomes emancipated.
Generally, there is no obligation to support an unrelated child (however, the court may recognize an equitable parent.)
Q: When will a court order support?
A: A court has the power, or "jurisdiction," to order support when it is deciding a divorce, child custody action, paternity, or other family law case where minor children are involved.
Q: How is child support calculated?
A: The amount of support is calculated using the Michigan Child Support Formula (MCSF). The MCSF calculates a base support amount (that factors in things like ages of the children, income of the parties, child care expenses, medical expenses, and so on) that is adjusted for parenting time offsets.
The court will consider the amount suggested by the MCSF and order support either based on the formula, or deviating from the formula when appropriate.
The child support formula manual can be found here. Also here.
Link here to a child support calculator online. I can't testify as to how accurate it is.
Q: My spouse refuses to give me parenting time with the kids. Why should I keep paying support?
A: Because if you stop paying support, you will eventually accrue arrears, and face a show cause hearing for non-payment.
Yes, each parent should follow what ever parenting time schedule they agreed to. But this doesn't mean a support obligation goes away when the schedule changes. After all, kids have to eat, see the dentist, etc., regardless of who is taking care of them.
Depending on where you are in your case, you could talk to FOC to change your support amount, or do a motion to modify parenting time (after hiring an attorney) to get some action on seeing your kids. But don't stop paying support until the ordered support amount changes.
Q: Is it possible for a court to not issue a support order where the case involves minor children?
A: No. Because a court has a case with children, it will issue a support order, period, because the Michigan statute says it must. Also, courts have to consider the best interests of the child, which include how the child is living which is related to the amount of support that is ordered.
Q: Can a court deviate from the MCSF's suggested support amount?
A: Yes. A court can deviate from the suggested support amount when application of the MCSF would be unjust or inappropriate. When it does deviate, it has to state in writing what the suggested support amount is, and the reasons why it deviated.
Reasons to deviate can include, but are not limited to:
A child has special needs;
one or both parents are minors;
one or both parents have varying amounts of irregular or bonus income;
and so on.
Q: When will my child support obligation end? Can it ever change?
A: A child support obligation will most often end when the child is no longer 18, or has graduated from high school.
A parent who seeks a change to what they are paying can request to FOC or the court to modify their amount, but only if that parent can show a considerable change in circumstances (such as a much better paying job, or a large change in parenting time amount). The requested change needs to be greater than a 10 percent change per month.
Q: I have questions about child support that aren't answered here. What should I do?
A: Go to Office of Child Support for more information, or send me a question on this blog.
Q: Who has a right to child support?
A: All children under age 18 (until they graduate from high school or are emancipated) have a right to child support from both parents. Both natural or adoptive parents have an obligation to give support, unless a court modifies or terminates the obligation, or the child becomes emancipated.
Generally, there is no obligation to support an unrelated child (however, the court may recognize an equitable parent.)
Q: When will a court order support?
A: A court has the power, or "jurisdiction," to order support when it is deciding a divorce, child custody action, paternity, or other family law case where minor children are involved.
Q: How is child support calculated?
A: The amount of support is calculated using the Michigan Child Support Formula (MCSF). The MCSF calculates a base support amount (that factors in things like ages of the children, income of the parties, child care expenses, medical expenses, and so on) that is adjusted for parenting time offsets.
The court will consider the amount suggested by the MCSF and order support either based on the formula, or deviating from the formula when appropriate.
The child support formula manual can be found here. Also here.
Link here to a child support calculator online. I can't testify as to how accurate it is.
Q: My spouse refuses to give me parenting time with the kids. Why should I keep paying support?
A: Because if you stop paying support, you will eventually accrue arrears, and face a show cause hearing for non-payment.
Yes, each parent should follow what ever parenting time schedule they agreed to. But this doesn't mean a support obligation goes away when the schedule changes. After all, kids have to eat, see the dentist, etc., regardless of who is taking care of them.
Depending on where you are in your case, you could talk to FOC to change your support amount, or do a motion to modify parenting time (after hiring an attorney) to get some action on seeing your kids. But don't stop paying support until the ordered support amount changes.
Q: Is it possible for a court to not issue a support order where the case involves minor children?
A: No. Because a court has a case with children, it will issue a support order, period, because the Michigan statute says it must. Also, courts have to consider the best interests of the child, which include how the child is living which is related to the amount of support that is ordered.
Q: Can a court deviate from the MCSF's suggested support amount?
A: Yes. A court can deviate from the suggested support amount when application of the MCSF would be unjust or inappropriate. When it does deviate, it has to state in writing what the suggested support amount is, and the reasons why it deviated.
Reasons to deviate can include, but are not limited to:
A child has special needs;
one or both parents are minors;
one or both parents have varying amounts of irregular or bonus income;
and so on.
Q: When will my child support obligation end? Can it ever change?
A: A child support obligation will most often end when the child is no longer 18, or has graduated from high school.
A parent who seeks a change to what they are paying can request to FOC or the court to modify their amount, but only if that parent can show a considerable change in circumstances (such as a much better paying job, or a large change in parenting time amount). The requested change needs to be greater than a 10 percent change per month.
A: Go to Office of Child Support for more information, or send me a question on this blog.
Monday, June 2, 2014
What is "Friend of the Court?" What role will it play in my Family Law case?
This article is designed to inform a newcomer to Michigan courts on the role of the Friend of the Court (FOC) in Michigan family law cases. This article is intended to give general background information, and does not substitute for individual legal advice for your particular situation.
Q: What is "Friend of the Court?"
A: Friend of the Court is essentially an arm of Michigan Circuit Courts. It is able to do what the court would do, but it (whatever the task is) is instead delegated to Friend of the Court.
FOC is involved in child support, spousal support, child custody, and parenting time. It also enforces orders on spousal support, and child support.
Q: How will Friend of the Court become involved in my case?
A: At any time during a family law case, Friend of the Court can become involved, either through a request of the parents, or at the request of the court.
If a parent begins a family law case (like custody, divorce, etc.), typically a copy of their pleadings is also sent to Friend of the Court, unless the parents decide to "opt out" of the Friend of the Court services (more on this later).
But if a parent has overlooked this, or if a court chooses, it can "send" or refer the parents to Friend of the Court for its services.
Q: What are the services of Friend of the Court?
A: FOC can be used to review or modify a support case, mediate parenting time decisions between parents, make written recommendations regarding custody or parenting time, enforce an order of support against a payor of support, and so on.
Q: How does enforcement happen?
A: Enforcement happens when a parent with an obligation to pay becomes behind on payments. At that point, the FOC can send out a notice to the paying parent for a Show Cause Hearing. This notice will tell the paying parent that they are to appear at a specified date and time, and must "show cause" to an FOC case manager - and possibly in front of a judge -- why he or she hasn't been able to pay, and what plans he or she is making to correct that.
At the show cause hearing, the person with the support obligation may face contempt charges (in other words, that person will go to jail) for not having paid support. So be prepared to pay, or to have a good reason (this is the "cause" they are talking about!) if you want to stay out of jail.
Q: What types of enforcement is available to FOC?
A: What isn't available to FOC as a means to enforce support, is a more appropriate way to phrase the question. FOC is able to attach a lien onto houses, tax refunds (aka "intercept" of tax refunds),suspension of driver's or recreation licenses, credit bureau reporting, contempt (show cause, see above), are all part of the enforcement capability of the FOC.
Q: What does "opting out" of FOC services do to my case? Would that be a good idea or not?
A: Opting out means that the parties choose to enforce any support obligation privately, and that FOC will not become involved. Whether it is a good idea depends on the individual circumstances in your case (and this article is not intended to substitute for individual legal advice).
Opting out does not mean that there will be no support obligation at all. A case that involves minor children will require that a support obligation will be issued to one of the parties. (a follow-up article on how child support calculations work is coming soon).
Q: How does one opt out of FOC Services?
A: Parties to a family law case can opt out of FOC services, if they file a motion to do so. They also must complete an "Advice of Rights" form, to show that they are aware of the services, and that they elect not to choose those services. Some counties will require both parties to attend a "conciliation conference" with FOC, which will make sure that the parents do not qualify for public assistance, before the parties can opt out of FOC services.
Q: My income level has changed. Does this affect what I owe (or what the other side owes me)? What should I do?
A: The parties who are involved in an FOC case are solely responsible for reporting changes to the FOC about their income (gain or loss) to the FOC. And they should do so as soon as possible. Because of the way support is calculated, the amount of support (paid or received) will change determined on income of the parties, amount of parenting time overnights, and other factors (see related article).
It's best to report an income change as soon as possible to FOC, to make sure (if you're the paying party) that you don't start accruing arrears.
Q: I have more questions about FOC that aren't answered here, what should I do?
A: More information can be found at the Michigan FOC website. Also, feel free to contact me, or leave a question on this blog.
Q: What is "Friend of the Court?"
A: Friend of the Court is essentially an arm of Michigan Circuit Courts. It is able to do what the court would do, but it (whatever the task is) is instead delegated to Friend of the Court.
FOC is involved in child support, spousal support, child custody, and parenting time. It also enforces orders on spousal support, and child support.
Q: How will Friend of the Court become involved in my case?
A: At any time during a family law case, Friend of the Court can become involved, either through a request of the parents, or at the request of the court.
If a parent begins a family law case (like custody, divorce, etc.), typically a copy of their pleadings is also sent to Friend of the Court, unless the parents decide to "opt out" of the Friend of the Court services (more on this later).
But if a parent has overlooked this, or if a court chooses, it can "send" or refer the parents to Friend of the Court for its services.
Q: What are the services of Friend of the Court?
A: FOC can be used to review or modify a support case, mediate parenting time decisions between parents, make written recommendations regarding custody or parenting time, enforce an order of support against a payor of support, and so on.
Q: How does enforcement happen?
A: Enforcement happens when a parent with an obligation to pay becomes behind on payments. At that point, the FOC can send out a notice to the paying parent for a Show Cause Hearing. This notice will tell the paying parent that they are to appear at a specified date and time, and must "show cause" to an FOC case manager - and possibly in front of a judge -- why he or she hasn't been able to pay, and what plans he or she is making to correct that.
At the show cause hearing, the person with the support obligation may face contempt charges (in other words, that person will go to jail) for not having paid support. So be prepared to pay, or to have a good reason (this is the "cause" they are talking about!) if you want to stay out of jail.
Q: What types of enforcement is available to FOC?
A: What isn't available to FOC as a means to enforce support, is a more appropriate way to phrase the question. FOC is able to attach a lien onto houses, tax refunds (aka "intercept" of tax refunds),suspension of driver's or recreation licenses, credit bureau reporting, contempt (show cause, see above), are all part of the enforcement capability of the FOC.
Q: What does "opting out" of FOC services do to my case? Would that be a good idea or not?
A: Opting out means that the parties choose to enforce any support obligation privately, and that FOC will not become involved. Whether it is a good idea depends on the individual circumstances in your case (and this article is not intended to substitute for individual legal advice).
Opting out does not mean that there will be no support obligation at all. A case that involves minor children will require that a support obligation will be issued to one of the parties. (a follow-up article on how child support calculations work is coming soon).
Q: How does one opt out of FOC Services?
A: Parties to a family law case can opt out of FOC services, if they file a motion to do so. They also must complete an "Advice of Rights" form, to show that they are aware of the services, and that they elect not to choose those services. Some counties will require both parties to attend a "conciliation conference" with FOC, which will make sure that the parents do not qualify for public assistance, before the parties can opt out of FOC services.
Q: My income level has changed. Does this affect what I owe (or what the other side owes me)? What should I do?
A: The parties who are involved in an FOC case are solely responsible for reporting changes to the FOC about their income (gain or loss) to the FOC. And they should do so as soon as possible. Because of the way support is calculated, the amount of support (paid or received) will change determined on income of the parties, amount of parenting time overnights, and other factors (see related article).
It's best to report an income change as soon as possible to FOC, to make sure (if you're the paying party) that you don't start accruing arrears.
Q: I have more questions about FOC that aren't answered here, what should I do?
A: More information can be found at the Michigan FOC website. Also, feel free to contact me, or leave a question on this blog.
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