Monday, March 21, 2016

Child Support modifications and arrears: A Michigan Family law Primer


Q: I've been making my child support payments, but sometimes I can't pay the monthly amount due. What happens now?
A: That amount you didn't or can't pay will become an arrearage.

First of all, the obligation to support a child is with both parents. The Michigan Child Support Formula considers the amount of time each parent has with the minor child(ren), the income of the parties, and other factors when calculating support owed. Typically, the custodial parent will be paid support, and the non-custodial parent will be the payor of support, but this isn't always the case, since it depends on income, number of children, and other factors.

Support will typically be ordered during the pendency of a divorce or custody case (before judgment is entered), or if either parent is receiving state assistance. After the judgment is entered, an adjustment may be made to the support amount, and a new UCSO (uniform child support order) will be issued.

Q: What if I think the amount ordered should be different? I can't pay what I currently owe. 
A: You can request a modification of the support amount through Friend of the Court, or through an attorney.

Either party - the parent who pays, or the parent who receives support  - can request modification, if that parent can show a change in circumstances.


Statutes provide a low threshold for modification, based on circumstances of the parents or as the benefit of the children require,[1] upon proper application to the court and due notice to the opposite party,[2] and for proper cause shown or change in circumstances.[3]

A change in circumstance is a fact-based question. It could be the parent has changed jobs, has a medical concern and can't work, and so on. Also, the Friend of the Court can request a modification of the support amount.  

A parent who's income changes should notify Friend of the Court of this change, whether requesting a modification or not. 

Otherwise, if no parties request a  modification, a support review will be done typically every three years. 

Q: I requested a modification and the Court agreed with me. What's next? Will this take care of the arrears I owe? 

A: The modification has to be made into an order. Your attorney can prepare that, or Friend of the Court will send you a copy eventually if no attorneys are involved. 

But typically modifications do not address arrears - they only modify the amount of support going forward.  (This is also referred to as "no retroactive modification of support," see MCL 552.603 (2)).

If the amount of arrears is owed to the other parent, it's possible that parent can forgive the amount of arrears owed. Talk to your attorney about that. If the arrears are owed because the state is involved, since one parent receives state assistance, then the county prosecutor would also be involved.

Q: The amount of arrears I owe is really high. Is there anything I can do about that?
A: Maybe. The Friend of the Court may let you ask for a payment plan on your arrears amount.  Talk to your attorney about discharge of the amount you owe. Again, the parent receiving support has to consent to this as well. 


Q: Can I go to jail for not paying the support amount?
Yes. 


Friend of the Court can enforce support orders through bench warrants, license restrictions (including recreational licenses), withholding tax refunds, among other means. Friend of Court offices can request through "show cause" hearings that the payor make payments, and explain why payments haven't been made, or go to jail. (These are also called OTSC hearings, short for Order to Show Cause).

In addition, the possibility of felony child support non-payment exists.That can happen when the amount owed is in excess of $20,000 (MCL 750.165). At that point, a warrant can issue to arrest the payor of support. Felony child support violations can carry a penalty of 4 year's imprisonment. No laughing matter. 


[1] MCL 552.17 (1): Divorce, separate maintenance, annulment.
[2] MCL 552.45:  Family Support Act.
[3] MCL 722.27 (1) (c): Child Custody Act.

Tuesday, March 15, 2016

Street Court: Grand Rapids's Mel Trotter hosting a Street Court tomorrow March 16

Mel Trotter Ministries is holding the next Street Court on Wednesday, March 16 from 9:30 – 11am.  8:30 is when the clients can come in and have their records looked up, etc.  The actual court starts at 9:30am with Judge: Michael J. Distel presiding.  Feel free to check this out if you would like to and have the time.

Mel Trotter Ministries is located at 
225 Commerce S.W.
Grand Rapids, MI 49503

Monday, March 14, 2016

Michigan Court of Appeals rules: Grand Rapids Noise ordinance is unconstitutionally vague

Attorneys for Tip Top Deluxe, a Grand Rapids bar that was cited for noise violations, argued police issued citations under a section of the Grand Rapids City noise ordinance that is unconstitutionally vague.

Judges at the state Court of Appeals agreed in an opinion released Tuesday, March 8.
The owners and two employees were cited under a city ordinance that reads:
"No person shall use any premises or suffer any premises under his or her care
or control to be used which shall destroy the peace and tranquility of the
surrounding neighborhood."

Article here (via mlive) 

Below is the analysis from the Michigan Bar's e-journal:

 
Issues: Municipal prosecution for the alleged violation of § 9.63(3) of the City of Grand Rapids Noise Ordinance; Constitutionality; Due process; Vagueness; People v. Lino; Grayned v. City of Rockford; People v. Howell; Vagueness of an ordinance prohibiting “annoying” passersby; Coates v. Cincinnati; Vagueness of an ordinance requiring the production of “credible and reliable” identification to police officers; Kolender v. Lawson; Vagueness of an ordinance prohibiting the use of “indecent, immoral, obscene, vulgar, or insulting language in the presence or hearing of any woman or child”; People v. Boomer; “Disturbance” of the peace; Lansing v. Hartsuff; Whether the use of a reasonable person standard in a noise ordinance is sufficient to give a person of ordinary intelligence fair notice the conduct is forbidden; Plymouth Twp. v. Hancock; Whether a narrowing construction of the ordinance would render it constitutional; People v. FP Books & News, Inc. (On Remand)

Summary: Holding that the plaintiff-city’s noise ordinance was unconstitutionally vague, the court reversed and remanded for dismissal of the citations against the defendants-bar owners and employee.

Ingham County prosecutor charged with solicitation

Ingham County Prosecutor Stuart Dunnings has been arrested and will be charged with seven separate counts, which include five counts of engaging a prostitute. 
11832924-small.jpgIngham County Prosecutor Stuart Dunnings III 
Attorney General Bill Schuette and Ingham County Sheriff Gene Wriggelsworth will speak on the charges 1 p.m. Monday, March 14.

In addition to the five counts of engaging a prostitute, Dunnings faces charges of pandering prostitution and willful neglect of duty by a public officer.

Article here (via mlive).

Supreme Court potential nomination:

One potential nominee for the post vacated when Scalia passed away: federal appeals Judge Sri Srinivasan.

Srinivasan, a former clerk for Justice Sandra Day O’Connor, would be the first Hindu and the first Asian American on the U.S. Supreme Court if he were nominated and confirmed, the Washington Post reports in a story about the Hindu faith. He was born in India and moved with his family to the United States as a child. He was sworn into the federal appeals court on the Bhagavad-Gita, a Hindu holy book.

Article here (via aba journal).

Wednesday, March 9, 2016

Man spent $100,000 with stolen credit cards

Sheriff's deputies say a Detroit man used stolen credit card information to buy $100,000 in merchandise, including $40,000 at Kent County businesses.


Article here (via mlive).

The arrest of Deandre Calhoun, 27, is one of several in recent days by Kent County sheriff's deputies investigating numerous identity-theft and credit card fraud cases, detective Sgt. Ben Cammenga said Tuesday, March 8.

Police say the suspects, from the Detroit area, used stolen credit card information to buy gift cards, iPads, electronic games and other products.

Is the study of law worthwhile? Dr. Johnson's opinions

Is the study of law worthwhile?

“The study of law is copious and generous, and in adding your name to its professors you do exactly what I always wished when I wished you best. I hope that you will continue to pursue it vigorously and constantly. You gain, at least, what is no small advantage—security from those troublesome and wearisome discontents who are always obtruding themselves upon a mind vacant, unemployed and undetermined.” [Letter to James Boswell, Aug. 21, 1766.]

Article here (via aba journal).