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: Family Law
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 »
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 »
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 »
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 brother was my father’s primary caregiver for more than five years. He lived with our father in our childhood home until Dad passed away and still lives there now, by himself. I have three other siblings who have been talking about selling Dad’s home and dividing the proceeds equally among the children. Does my brother, who cared for my dad and lives in the home, have any rights to stay in the house, or will he be subject to the majority desire of our siblings?
What can he do to avoid being “kicked to the curb”? It depends on how the house is owned. Sometimes parents will add a child’s name to the house by quit claim deed (not recommended for lots of reasons). If your brother’s name was added to the house, he owns it and has the right… Read More »
I have three teenage daughters. My 14-year old has a disability and she receives government benefits. I have heard about something called a “special needs trust” and was wondering if you can explain how it works.
This is a really important question and it’s good that you are asking about it early. Good planning can make a huge difference in your daughter’s life, as well as helping your other children who may be left with the responsibility for caregiving (on top of their own careers and caring for their own families)…. Read More »
My Ex is trying to register the kids for summer camp and at a time that will interfere with my summer parenting time. This is a problem every year. Can I file my own motion to deal with this or do I need to have a lawyer?
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 »
I want to modify parenting time, how hard is that?
Modifying parenting time can be very difficult. There are specific statutes and case law regarding the criteria for modifying parenting time. There are two steps to modifying parenting time. First, you must show that there is a change in circumstances since the entry of the last Court Order. Then you must show that the change… Read More »