Issues like this come up a lot, particularly at this time of year when summer plans are being made. Certainly you can file a Motion on your own but often it takes a long time for Motions to get through the system, particularly when you don’t have a good handle on how these things are… Read More »
Blog Posts Page 3
My 84 year-old mother just returned from the hospital and is unable to stand, walk or dress herself. My siblings and I take turns taking care of her 24/7 in her home. In the long run this is not safe nor can it continue because we have jobs, our own homes, etc. My father died recently and he was a Veteran, and my mother also has about $105,000 in the bank. What are our options?
Your main goal should be to get the best possible care for your mother, whether at home or outside the home. Home care 24/7 is very expensive, likely even more costly than having her move to assisted living or a nursing home. Because your mother was married to a Veteran, she may be eligible for… Read More »
How is Child Support calculated?
There are a number of different factors used to determine how much the child support obligation will be. First and foremost are the incomes of the parties and the number of overnights that the children will spend with each parent over the year. Other factors are the amount paid for day care (if a child is… Read More »
My father is a Korean War Veteran and has been diagnosed with dementia. He will likely need to move into an assisted living community. I don’t know how my mother will afford to keep her house and pay for my father’s assisted living costs. Are there any Veterans’ benefits that might help?
Yes. A married wartime Veteran like your father may qualify for what is called “pension plus aid and attendance”. This benefit is up to $2,124 per month, tax free for life. The benefit is available if certain health and financial conditions are met, although the rules are complicated. You should know that this benefit is… Read More »
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?
In Michigan, the answer is no in most cases. Because the Court does not have jurisdiction to order you to pay college tuition (except in very rare circumstances) the Court cannot give you credit for college tuition paid against child support. The same is true for other types of expenditures for the kids, i.e. clothing… Read More »
My father and mother owned a home for over thirty years. My father died two years ago and my mother is in the nursing home. Can the State take her home after she dies?
If your mother’s care is being paid for by Medicaid, then the answer is “yes”, the State may request reimbursement against your mother’s home after she dies. This is because of a law known as “Estate Recovery”. Estate Recovery means that the State may seek reimbursement from your mother’s estate for the money the State… Read More »
We will be moving my father into a nursing home in February. The cost of the nursing home is about $7,500 per month. I have heard there are ways to “spend down” his assets and then apply for Medicaid for his nursing home care. Is that true?
Yes, there are legal ways to do “Medicaid planning” and spend down your father’s assets. For example, you may be able to buy a car, or you may pay for anything else if it benefits your father. To name a few (there are more), you can buy clothing, furnishings, entertainment, a prepaid funeral contract, extra… 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 »
My husband has dementia and he recently fell and broke his hip. The doctors say he needs 24/7 care. We have a home and some modest savings, and he has a large IRA that he rolled over from work when he retired. Can you let me know what my options are if he is in a nursing home?
You have some good options. Two major things you should know: (1) we can protect your home and savings; and (2) there is a recent change in the Medicaid rules that allows specific protections for IRAs. This type of legal planning is complicated, but when done properly you can protect all of your family’s assets… Read More »
I was awarded money, plus interest, in my Judgment of Divorce. The Judgment was finalized some years ago. My ex has paid very little and still owes me most of that money. I was told I only have a limited amount of time to go to Court to enforce the Judgment and make my ex pay. Is this true?
YES! It is true that a Judgment of Divorce must be enforced within a specific time period. The “Statute of Limitations” bars legal action after a certain amount of time. For example, in most personal injury cases you have 3 years to sue and in most contracts cases you have 6 years to sue. To… Read More »