Answer: A change in custody is a very complicated process. There are two steps necessary for the Court to consider a change in custody. First, the parent seeking the change must show “proper cause or change in circumstances”. As I am sure you can tell, this is a very subjective standard. The Courts have attempted… Read More »
Posts Categorized: ASK THE LAWYER
I have a living trust but it’s several years old. How often do I need to update it?
Answer: This is a great question. You would be amazed at how many people have older estate plans – 5, 10, 15, 20 years old or more – and have not had them updated. Here is what you should know: Your plan should be updated when you have a change in your family (for… Read More »
How is Child Support calculated?
Answer: There are a number of different factors used to determine how much the child support obligation will be. First and foremost are 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… Read More »
I filed a Motion to change parenting time and the Referee said I did not meet the “threshold” pursuant to Vodvarka and Shade. What does this mean?
Answer: Vodvarka and Shade are the names of two Michigan Court Of Appeals opinions that set the standards for when custody and parenting time can be reviewed. When you file a Motion to modify custody or parenting time the Court must first determine if there has been a change in circumstances since the entry of… Read More »
How does Remarriage Affect your Estate Plan?
Question: I just got remarried and both my husband and I have children from previous marriages. I am worried that my son and daughter won’t get anything if I die first. Answer: You must take special care to plan if you are in a second marriage because of the complex relationships between step-parents and… Read More »
I filed a Motion regarding Child Support. Why is the Friend of the Court handling this and not the Judge?
Answer: I get asked often about the process for hearing Motions in Livingston County. When someone files a Motion that has to do with Custody, Parenting Time or Support, the Judge assigns the case to be heard by a FOC Referee. The Referee first conducts a Screening Hearing. At the Screening Hearing the Referee attempts… Read More »
Legal Planning for Young Adults
Question: My son is leaving for college in a couple weeks. Is there any specific legal planning he needs now that he is 18 years old? Answer: Yes. Your son is now a “legal adult” under Michigan law. You can’t make financial or medical decisions automatically for him anymore. Also, you can’t access his… Read More »
My ex refuses to give me my personal property even though our judgment of divorce requires him to return it to me immediately. What do I do?
I hear this all the time. If your ex simply refuses to abide by the terms of the Judgment, whether it be regarding personal property, retirement division, sale of real estate or many other issues, you need to file a Motion with the Court. You can do that on your own but I recommend that… Read More »
My mother is 93. She is healthy, takes care of herself, cleans her own condo, and does her own grocery shopping. She had a doctor’s appointment where the doctor recommended moving into assisted living because of her age. Does my mother have any rights?
My mother is 93. She is healthy, takes care of herself, cleans her own condo, and does her own grocery shopping. She had a doctor’s appointment where the doctor recommended moving into assisted living because of her age. She firmly asserted that she has been doing just fine at home and would like to stay… Read More »
My mom was just diagnosed with a type of dementia, and has cerebral degeneration and a sleep-disrupting disorder. She has never made a will or put much thought into it until now. Is she still legally able to sign a will even though she has been diagnosed with dementia?
Signing a will while having dementia does not automatically make a will invalid. In order for a will to be valid, the person signing must have “testamentary capacity,” which means they must understand the implications of what is being signed. Generally, your mother would be considered mentally competent to sign a will if the following… Read More »