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Plymouth Family Law Blog

What does Michigan law say about marital breakdown and divorce?

The days in which a Michigan divorce required an extensive series of reasons before it could be granted as to why the marriage is over and cannot be salvaged are no longer in effect. For a person who decides to end a marriage, all that is necessary is that there has been an irretrievable breakdown in the marriage and the complainant states this when filing. That does not mean having legal assistance from a qualified divorce lawyer is unnecessary. On the contrary, it is always beneficial to have legal help.

It is still important to understand the specific law for the irretrievable breakdown, how the other person can respond, and if there are other factors that must be considered during the process. When there is a divorce complaint, it can be filed in the relevant circuit court alleging that the marriage has suffered an irretrievable breakdown with the marriage destroyed and no likely chance that it can be saved. The plaintiff does not need to issue any other explanation apart from this.

My child support monthly payment is not being made - what next?

It is unfortunate that some Michigan parents who are obligated to pay child support to the custodial parent fail to do so. While there might be viable reasons why they are not able to make the monthly payment as scheduled and in full, simply not paying is not acceptable in the eyes of the law. When the legal obligation is not followed for an extended period and the custodial parent has no alternative, there are steps to take to try and make certain that the supporting parent pays what is owed in one way or another and there are penalties if they do not.

Income withholding will come from a new or modified order of support. The payments will be deducted from the supporting parent's paycheck. It can also include workers' compensation, Social Security, unemployment and other benefits. If the parent is due to receive a tax refund, the payment can be intercepted. The threshold for this is $150 from the state and federal returns. If it is non-cash assistance, it is $500. When the payments are not made or there is no medical support, the person will be ordered to appear in court to offer an explanation. Failing to do so can lead to a bench warrant. Property, insurance claims and assets can be subject to lien or levy.

Man arrested for not paying financial support for child

When Michigan parents have a child, the end of the relationship does not mean that their responsibilities have ended as well. Financial support for the child is an integral issue that must be adhered to. When it is not, the custodial parent has alternatives to seek that the living expenses, medical coverage and more be paid. The noncustodial parent should be aware that there are various penalties that can be assessed. If the delinquent payments become substantial enough, there can even be jail time.

A businessman in Detroit who works in land development is facing charges of delinquent child support. The man owes just shy of $100,000. The 66-year-old has allegedly not paid the required support for eight years. The charges reach the level of a felony. It is one child for whom he has not paid for the upkeep. The Child, Elder & Family Crimes (CEFC) unit issued the charges. The man is a significant part of the real estate business in Michigan and was recently involved in the ownership group for a building that was once a hospital.

Insurance policies to bring to your divorce lawyer

A key part towards minimizing stress in your divorce is showing your attorney the necessary paperwork about your financial assets. Divorcees that have little to no knowledge about their property and do not provide their lawyers with essential financial documents could drag the proceedings further and lose more of their assets in the process.

Some of the most important documents to show your attorney are your insurance policies. Your life, health, homeowner’s and automobile insurance will drastically change from the separation, and it is important for your lawyer to be aware of so they can help prepare you for these shifts.

What is the importance of an affidavit with Michigan paternity?

When there is a question as to a child's paternity in Michigan, it can be a worrisome time for both parents. Issues related to fathers' rights, paternity actions, legal rights and other issues can muddy the waters and make a difficult situation worse. There are certain terms that might not be completely clear to the parents as the seek to establish paternity. One is knowing what an affidavit is, what happens when it is signed, and how it can affect paternity.

Paternity can be established voluntarily when by signing an affidavit. This is done when the mother is not married. There is a form that states the man is the child's biological father and can be signed regardless of his marital situation. When the parents sign it, it will also be signed by a notary public or a qualified witness. Those who sign will then be the child's legal parents and it will not be necessary to go to court or take any other steps to establish paternity.

What are the 2 kinds of joint custody in Michigan?

Child custody is a major issue for Michigan parents who are ending their relationship. While it can be contentious, there are times when it can also be amicable. It is easy to say that many cases will end up somewhere in between, but they are all different, and parents -- regardless of their situation -- should be aware of how joint custody is handled and what the two kinds of joint custody are.

With joint custody, there is legal and physical custody. When the parents get joint legal custody, both will be able to take part in the key decisions of the child's life. Any important decision, whether it is related to medical care, the child's education or what religion he or she will follow, will be determined by both parents. The living arrangements are not impacted by joint legal custody. The child may still live with one parent, and the other parent will be grant parenting time.

Paternity issues in Michigan require experienced legal help

It can be difficult to navigate paternity issues in Michigan. These can come from various perspectives and all are complex. For example, in some cases, there is a lack of certainty as to who the biological father of a child is and child support, visitation rights and more hang in the balance of the testing. In other cases, the man who the mother says is the biological father denies paternity. The man who believes he is the father might want to see the child, but the mother is denying that request. With these or any other situations related to paternity, it is imperative to have legal assistance.

There are many reasons why it is important to establish paternity. For the father to have a relationship with the child, it must first be proven that he is the biological father. If the mother wants to receive child support from the man denying paternity, it must be proven that the man is the child's biological father, so the next steps can be taken.

With child custody, when must a judge grant approval to relocate?

With Michigan child custody cases one problem that can come up is if the custodial parent wants to relocate with the child. The custodial parent can move to another location with the child should he or she choose to do so, but there are two exceptions to that rule. Understanding how to handle these complex situations is integral to resolving them.

The first exception is if the court order that granted child custody is required to state that the custodial parent cannot change the child's residence to somewhere out of state unless the judge grants approval for it. The second exception is if the court order that gives custody or parenting time stipulates that there cannot be a move of more than 100 miles away from the previous residence unless the judge grants approval.

Talking to your kids about divorce and related topics

As a parent, you dread the moments you have to demonstrate to your child that the world is not a perfect place. Your kid needs to learn at some point that not all moms and dads will be with each other until death do them do them part.

Ideally, it is better for children to learn about the concept of divorce before witnessing what it’s like with their parents firsthand. However, you never know how long your relationship is going to last. If you have to break the bad news to your kids and they have little to no prior knowledge of divorce, there are a couple of areas to keep in mind to minimize your child’s pain of processing the break-up and to use it as an educational opportunity.

Survey shows women are concerned about finances in a divorce

A reason that many people in Michigan are reluctant to end an unhappy marriage and move forward with their lives is due to uncertainty about what comes after the divorce is completed. Much of the consternation is financial in nature. A recent study conducted by the online marketplace Worthy surveyed nearly 1,800 women about financial issues in a divorce. Their responses can be used as a guideline for those who have similar concerns.

Those who took part in the survey ranged between women who were about to get a divorce, those who were getting a divorce, and those who were already divorced. Financial roles were a focus of the survey. Some respondents were wholly uninvolved in any financial aspects of the marriage and left it all to the husband. Of the women ages 55 and older, 18 percent surrendered financial control in this way while for those ages 18 to 55, it was 23 percent. This can be troublesome after the divorce, since the parties will be responsible for handling finances on their own. When women were cognizant of their finances while married, they are likely to have a better grasp of what must be done to maintain a reasonable standard of living after their divorce. A primary fear that was shared by women across the spectrum was living on a single income. The

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