- DivorceANSWER: Do you want to save grief and money? Minimize the negative impact on your kids? Every divorce does not have to be acrimonious and contentious. It IS possible to have a peaceful divorce -- sometimes called the “amicable divorce" or the "uncontested divorce."
- Child SupportIn Michigan, with a few exceptions, all child support is figured from a table or book called the Michigan Child Support Formula (MCSF). Both parents' income is figured from a chart much like a federal tax table. The number of children and the number of overnights each parent has with the children is figured into the calculation. "Chart A" is a sample I made of how the formula works. It starts with a dad who makes minimum wage and a child-custodial mom who is on public assistance. My chart goes up to a pay scale of $100,000 a year. Check out this chart and call our office for any questions on how we may help you navigate through the child support system. Note also an important update below about "imputation" of income, where the Court calculates income for a parent based on what they think the parent "should be earning," although the parent may have lost their job.
- Child Custody and VisitationMore and more parents are agreeing to (or demanding) pure "joint custody." That is, an effort is made to have both parents designated as joint legal custodians and joint physical custodians. In such cases, major decisions for the child are made by both parents consulting with each other. In such a case, the child also lives with both parents. Typically, the child lives with one parent part of the week or month and with the other parent the remaining time. It need not be exactly 50/50, but the more defined and specific the child custody schedule -- the better.
- Paternity
- Spousal SupportSome spouses hear that alimony is an old law that is no longer used because long-term stay-at-home wives are a thing of the past. Part of this is true and part isn’t: Yes, it is true that more and more women are entering the workforce than ever before. And the divorce rate in Michigan is at about 50%. Most divorces I see involve a female spouse who has at least a part time job. But awards of alimony (spousal support) in Michigan are still alive and well, especially if there is a great difference in income -- say, one spouse makes $120,000 and the other makes minimum wage, and the parties have been married a significant time (at least 10 years). And don’t forget, alimony is "gender blind.” Men CAN collect alimony if the evidence is there.
- Restraining OrderWhen is it important to start a legal action? If you and your spouse are reaching a "rocky stage" in your relationship -- that is the time. If one spouse reaches the point that he or she does not trust the other, then the stability of the home must be preserved by obtaining an order preventing the other parent from removing the children or property from the home. This can't be done without seeing an attorney and filing an action in court. If there is violence, then you need to talk to an attorney about a restraining order (PPO).