I am in the middle of a divorce and my spouse says that she gets the first $20,000 out of the house because we used the proceeds from her house to make the down payment. Is she right?

No, probably not. Separate property (which is what she is claiming the down payment is) is not generally subject to division by the Court in a divorce. There are exceptions but they are relatively rare. Separate property can exist when there is: (1) a prenuptial agreement; (2) gifts between the parties; (3) retirement benefits; (4)… Read More »

Is Filing for Divorce considered a Breach of Contract?

No, but this is a very interesting question. At its most basic level, marriage is a binding contractual relationship between a man and a woman. All of the elements of a valid contract exist, those being Offer (“Will you marry me?”), Acceptance (“YES!!”), and Mutual Consideration (merging of assets and debts etc.). Marriage is regulated… Read More »

My 82-year old father has been in a nursing home for a little over a year. I am worried that he will run out of money in the next two years. What are my options?

This is a question we deal with all the time. There are legal ways to do “Medicaid planning” and possibly some “gifting” of his assets (as long as it’s done in the right way). You didn’t say whether your father is married so I will give you a couple of options. If he is married,… Read More »

Will I have to pay Alimony? I have a fairly short term marriage (3 years), no kids but I make a lot more than my wife. I am not sure how to plan.

There are a number of different factors used to determine whether alimony (referred to as spousal support) should be considered. Length of marriage, difference in income, education of parties, special needs of the parties, earning potential and history, fault and other factors are all considered. You will need to provide more information to determine the… Read More »

What is included in Child Support?

Question: I pay about $3,000 in child support each month and my oldest just started college. I pay $1,000 per month to the school toward tuition and room and board. Can I deduct this payment from the child support and pay only $2000? Answer: In Michigan the answer is no in most cases. Because the… Read More »