Michigan Family Legal Questions

Child support may be modified if there has been a change in income that results in more than a 10% change in the amount.  Additionally, either party may ask for a recalculation every 3 years for no reason.  The modification is retroactive only to the date of filing the motion.  While child support is normally based upon the amount of income each party has, the court can impute income to one of the parties if the court believes there was a voluntary reduction of income.    Normally, once the judge makes a decision, you can either appeal the decision to the Court of Appeals or live with the decision.  Appeals to the  Court of Appeals is both expensive and a long shot.  It sound like the judge has allowed another review by the Friend of the Court, which gives you another chance.  I strongly recommend that you retain an attorney to represent you.   ... Read More

Did you check vital records at the County Court?  They should have the birth records. If not, you need to file a FOIA request with the hospital, and , if that doesn't work, file a law suit to get the certificate.   Please contact me with any other legal needs.   Eric Lumberg 248-626-8383 lumberglaw@gmail.com... Read More

If your motion was properly noticed and served but the counter motion was not, it is possible to require adjournment of the counter- motion.  However, many Judges will want to hear all issues at the same time so, if pushed, both motions would have to be adjourned.  It might be better, time wise, if you respond and hear it at the same time as your motion.... Read More

A custody and support order needs to be entered.  It is also possible that the father will want to establish paternity of the minor child.   Receipts can show past support, but child support will usually start as of the date of the filing in the court with jurisdiction.  It is a good idea to speak to an attorney before any filing to see what Michigan Child Support Guidelines would be.... Read More

It is the same procedure as a divorce. In the end, however, you have a "separate maintenance" judgment that awards custody of your kids, orders support, and divides your property and debts, but leaves you married.  If you have further questions, call me at 586-465-4198.   Tom Stotz... Read More

You asked:  I need to get court permission to move out of state with children because their father wont agree to it?Additional Details:It was a domestic abuse situation, as a result I have no job. I am currently looking for employment and housing and transportation because I was kicked out. I have family in another state but my ex wont agree to me moving so I have to obtain it through the court. I don''t know how to do this or where to start even. I''ve contacted my state bar to find out about pro bono lawyers, but I was wondering what else if anything I can do. If there is a custody order entered with the Court, it would normally include a provision that prohibit a change of domicile without a court order.  Domicile is the state where the child resides.  That means that you cannot change the residence of the child without a court order, even if the father agrees.  If the father agrees, the two of you could enter a Stipulation and Order changing the child's domicile, which the Court would likely approve.  If the father does not agree, then you should file a motion with the court.  The Court will normally refer the issue to the Friend of the Court.  If either party objects to the findings of the Friend of the Court, that party can file an objection, which would be heard either by a Referee or a Judge.  The Court looks at following factors in determining whether to approve a change of domicile: Change Domicile Factors 1) It [the court] should consider the prospective advantages of the move in terms of its likely capacity for improving the general quality of life for both the custodial parent and the children. 2) It must evaluate the integrity of the motives of the custodial parent in seeking the move in order to determine whether the removal is inspired primarily by the desire to defeat or frustrate visitation by the noncustodial parent, and whether the custodial parent is likely to comply with the substitute visitation orders when she [or he] is no longer subject to the jurisdiction of the courts of this State. 3) It must likewise take into account the integrity of the noncustodial parent's motives in resisting the removal and consider the extent to which, if at all, the opposition is intended to secure a financial advantage in respect of continuing support obligations. 4) Finally, the court must be satisfied that there will be a realistic opportunity for visitation in lieu of the weekly pattern which can provide an adequate basis for preserving and fostering the parental relationship with the noncustodial parent if removal is allowed. While I strongly recommend that you hire an attorney, you could file this motion on your own.  You should go to the Circuit Court Clerk, and ask for the appropriate forms. Stu Shafer  ... Read More

You asked:  Can or would a court order my ex to pay tuition costs for which he contractually agreed to pay with the school at the begiininning of the school year?Additional Details:We have shared tuition costs since 2004. The split was listed in our temporary order, but not the final JOD; however we both continued to support our 3 boys parochial education. His child support was recently increased and he says he cannot afford to pay tuition anymore. I did say I''d try to pay, but that statement had him assuming I would immediately. Needless to say, he owes over $3,000 and if it is not paid it will affect our boys per the tuition agreement signed by each of us at the beginning of the school year. The school will only try so far as the consequences are against the children. Here is the kicker, we have a senior who will not be able to,receive cap, gown, diploma if an arrangement is not made with the school soon. I have a motion scheduled, pro per, and am hoping to have a chance based on what the affect is to the kids and his agreement directly with the school. He can hired a lawyer who plans to make me pay for his fees if I lose..any advice? Generally, temporary orders terminate upon entry of the final judgment of divorce; therefore, it the final JOD does not include a provision for payment of tuitition, it is likely that the Court will not order dad to pay.  If the Friend of the Court took into consideration his agreement to pay a portion of tuititon, and he is not paying, then the Court would likely to order him to pay.  On the other hand, if both you and dad signed a contract with the school, then he is jointly obligated to pay the debt.  If he fails to pay, you could sue him to collect his share for the funds you have already paid.  Additionally, if orally agreed to pay a portion of tuition in exchange for something else, then you could file a lawsuit to collect the amount he agreed, but failed, to pay. Stu Shafer  ... Read More

You asked: My husband is supporting a child that is not his...The child is 17 and now lives with us, The mom is calling and threatening to call CPS.Additional Details:What are our rights..what rights does the child have..? You indicate that the child is not your husband's, but you did not indicate whether there is a court order making him the father, and whether there is an order providing for custody, parenting time, and child support.  Assuming that he is the legal father pursuant to a court order, then he should file a motion requesting custody so that the child may legally live with him.  Assuming there is no court order naming him as the father, then he has no legal rights to be caring for this child.  The child is 17, and, therefore, still a minor.  ONce the child is 18, the child can move out from his parents' house.  If the child is being abused or neglected, then you or your husband should call CPS.  Another option, if the chlld's parents were cooperative, would be to have your husband appointed as limited guardian. Another option would be for the child to be declared an Emancipated Minor.  While these are options, the real issue is why the child is not living with either of his parents.  If they are not appropriate parents, then CPS should be called.  If the child merely prefers not living with them, that is not an option.  If you husband has no legal authority to care for this child, then he could have both civil and criminal liability by housing him. Stu Shafer   Aa limited guardianship... Read More

As the biological parent of the child he would be able to seek custody and/or parenting time with the child by filing a complaint with the court.  During that process he would be able to acknowledge paternity of the child regardless of whether he signed the birth certificate.  His girlfriend would have no rights and no standing to be involved in issues related to your child with your ex.  If child support is an issue all forms of compensation would be considered by the court in determining the amount of support.  Any personal expenses he pays from the business would be added to his income for support purposes and if there are retained earnings in the business those too would be added to his income.  As a sole business owner he has more of an ability to divert or hide income so there would be more involved in determining his income for support purposes.  This response is general in nature and is not legal advice.  No attorney client relationship is formed by it.  I urge you to consult with an attorney because every situation is different.... Read More

You asked:      Is it legal for my sister and her boyfriend to spank my sisters children with a belt?   Reasonsable physical punishment of children by parents is not illegal by itself, but depends on the nature of the punishment.  Use of objects such as brushes and belts is normally considered not reasonable.  Certainly, if the child is injured, such as cuts, bruising, abrasions, etc, by the use of physical punishment, then the punishment is not reasonable.  If you are concerned, then you should call Child Protective Services.  Your name will be confidential, and not given to your sister or her boyfriend.  CPS could then provide advice to your sister and her boyfriend as to what punishment is reasonable and permissible.  Also, you could ask CPS what is reasonable and permissible. Stu Shafer  ... Read More

You will need to seek court assistance by either filing a complaint for custody yourself or by filing a motion if your ex girlfriend has already filed the complaint.  Either way you should consult with an attorney as soon as possible in order to secure your rights to your son and start seeing him on a regular basis.  This response is general in nature and is not legal advice.  No attorney client relationship is formed by it.  Good luck.... Read More

If you are divorced then no he would not be entitled to any survivor benefits. If you are still married then I think he could still get them, unless you have a Separate Maintenance Agreement (there is no such thing as "legal separation" in MI)  that says he is not entitled to them in the event of your death.  This response is general in nature and is not legal advice.  No attorney client relationship is formed by it.  Good luck to you.... Read More

You asked: How do I contact a mediator?Additional Details:My ex girlfriend and I want to get together with a mediator to discuss visitation and child support. Do we have to go through the court to have a mediator?      If neither of you have filed a case in Court, then you can call a private mediator or mediation service to help you resolve these issues.  If a case has been filed with the Court, or if you file a new case, then the Friend of the Court will normally schedule a Conciliation Conference at which a Conciliator will help the two of you reach an agreement.       YOu can find a private mediator in the phone book, on the internet, by calling the local bar association, or by calling a divorce attorney and asking for recommendations. Stu Shafer (517.487.6603)  ... Read More

Unfortunately based on the information you have provided, the only person with standing or legal rights to pursue custody or visitation with the child is your son, the biological father.  Grandparent visitation is very limited in the state of MI and you would not qualify under the statute.  Your ability to see your grandson will depend on your son pursuing his right to custody and parenting time.  This response is general in nature and is not legal advice.  I urge you to have your son consult with an attorney as soon as possible.  Good luck to you and your son.   Patricia A Kasody-Coyle Esq.  ... Read More

You asked:  The rights to my children were terminated by the courts in 2007. My life was a mess and I couldn't''t take care of them. I had a drug problem and id not meant the deadline to get my life together. Now at 1 year sober, I can physically, mentally, and finacially take care of them. My mother has adopted them and I have had visitation off and on through the years. For the past 6 months I even lived with them. Due to a disagreement with my mother, I no longer live with them and I want to get them back. What do I have to do or is it even possible for me to get them back? Absent the cooperation of your mother, the answer is, "No."  Once an order for termination is entered, you have a limited time to file an appeal.  Once the appeal period has run, and no appeal has been filed, the Court has the authority to grant a petition for adoption.  In your case, the Court granted your mother's petition to adopt.  You no longer have standing to contest the adoption.  You have no legal right to parenting time, although, your mother may allow you parenting time as she determines to be appropriate.  Once the children turn 18, you and they are free to make whatever arrangements upon which you can agree. Stu Shafer... Read More

My niece lives with me.....she pays money every month...she keeps allowing her guest to spend the night....she has been told he is not welcome..Additional Details:What can I do....I have made it clear he is an unwelcome guest....? She pays about 300.00 a month for her and her sons.... Can I increase the rent....? Can I serve a no trespassing order on him.....? This is a Landlord / Tenant issue, and would recommend that you refer your question to an attorney handling landlord / tenant issues. Stu Shafer... Read More