Posts Categorized: Family Law

Question: My son was arrested for drunk driving. I think he should hire an attorney, but he told me he just wants to go to court and take responsibility for his actions. Am I sending him the wrong message by encouraging him to hire an attorney? Answer: No. You are not sending your son the… Read More »

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 »

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 »

Question: My son was arrested for drunk driving. I think he should hire an attorney, but he told me he just wants to go to court and take responsibility for his actions. Am I sending him the wrong message by encouraging him to hire an attorney? Answer: No. You are not sending your son the… Read More »

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 to… Read More »

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 »

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 »

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 example,… Read More »

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 »

Just like many questions that come up during a divorce, the answer is: “Yes, but…”. Sometimes people think that if they move out in anticipation of divorce, they may be accused of abandoning their children or their home. Under a strict reading of the law, this is not the case, BUT there are risks involved… Read More »