Charged with felony murder

Michigan criminal defense – (248) 588-3333 – Homicide-Felony Murder

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What is felony murder?

Felony murder occurs when someone is killed during the commission of a dangerous felony. Michigan law defines “dangerous felony” as any one of the following felonies:

  • kidnapping
  • criminal sexual conduct (i.e. rape)(first, second, or third degree)
  • larceny
  • robbery
  • carjacking
  • extortion
  • abusing a vulnerable adult (first or second degree)
  • breaking and entering
  • home invasion (first or second degree)
  • child abuse (first degree)
  • substance abuse (of a major controlled substance)
  • arson
  • torture
  • aggravated stalking
  • unlawful imprisonment

Felony Murder is a homicide crime. It is considered a Class A felony.

In Michigan, the killing of a co-felon does not count as felony murder. If one of the felons or a police officer responding to the felony kills someone, then all of the co-felons are equally guilty of felony murder. While Michigan requires proof of malice, dangerous felonies often carry a high risk of death that makes it easy to imply malice.

The rationale behind criminalizing felony murder is acknowledging the fact that the person who commits or participates in a dangerous felony that is endangering bystanders. Therefore, they should be penalized if the danger they created ends up getting someone killed, especially if they themselves are the killer.

What is Homicide?

Homicide is a category of crimes involving the killing of a human being. Some homicides are justifiable and therefore legal, but any killing not authorized by law is a serious crime.

Most homicides require the mental state of “malice”. Malice involves any of the following:

  • Intent to kill
  • Intent to cause serious bodily harm
  • Intent to create a severe risk of death or bodily harm while demonstrating a reckless disregard for human life.

Does the prosecutor have to specify a particular murder charge they are bringing against me?

No, they do not. Michigan law allows the prosecution to bring a charge of “open murder”. At that point they are free to try to make a case for any murder or manslaughter charge they please and the defendant can be convicted of any one of them.

What makes a crime a felony or a misdemeanor?

A misdemeanor is any crime whose maximum penalty is less than a year in prison, or punished solely by a fine.

A Felony is a crime Punishable by death or more than a year in prison. However, Michigan abolished the death penalty for all crimes except treason in 1847. Death penalty for treason was abolished in 1962. Therefore, felonies for state crimes in Michigan are determined solely by possible prison sentence. Michigan citizens can still be put to death by the federal government for federal crimes committed in Michigan.

Felonies in Michigan are divided into 8 “classes” designated by a letter of the alphabet. Each class is defined by the maximum sentence for that offense.

What is a class A felony?

  • Class A: punishable by a life sentence or any sentence greater than 20 years. Includes first and second degree murder, assault with a deadly weapon, and first-degree criminal sexual conduct.

What does the prosecutor need to prove in order to convict me?

In order to obtain a valid guilty verdict, the prosecution must prove beyond a reasonable doubt that you performed the specific physical act (actus reus) while having the specific mental state (mens rea) described in the statute you are being charged under.

The physical act must be voluntary (getting pushed or being unconscious doesn’t count) and can also include spoken words. It can also include the failure to act when you have a legal duty to take certain actions. Examples of such duties include:

  • Statutes: requiring you to file tax returns, report accidents, etc.
  • Any contract requiring you to take certain actions (such as those for nurses and lifeguards)
  • A special relationship such as a parent and a child which creates an elevated duty of care
  • A Good Samaritan law which creates a duty to continue to help once you start to assist someone in trouble.
  • You can also be charged with failing to help someone if you were the one who put them in danger.

In order for a duty to act to be legally effective, you must be aware of the duty and be reasonably capable of performing the acts required by that duty.

What kind of mental state does the prosecutor need to prove for a felony murder conviction?

Felony murder is unique among crimes in Michigan. It Only requires the conviction for the enumerated dangerous felony. The only mental state that needs to be proven is that you voluntarily committed the crime which is the basis for the felony murder charge.

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Charged with first degree murder

Michigan criminal defense – (248) 588-3333 – Homicide – First Degree Murder

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What is first degree murder?

Under Michigan law, first degree murder is any willful, deliberate, or premeditated killing, particularly those that involve ambushes or poison. First degree murder also includes “felony murder” and the murder of an on-duty police officer. “Premeditation” simply means that the perpetrator spent some significant amount of time thinking before killing the victim. Even a moments pause or “thinking twice about it” is enough to constitute premeditation. “Deliberate” or “deliberation” means that the killer was relatively calm and collected when they performed the killing.

First degree murder is a homicide crime, because it involves the killing of a human being.

In cases of murder involving the murder of a police officer, the killer must have known that the victim was a police officer. Also, the prosecution does not have to show that the killer specifically intended to kill the officer as long as they can still prove malice.

First degree murder carries a mandatory life sentence, making it a class A felony.

What is Homicide

 Homicide is a category of crimes involving the killing of a human being. Some homicides are justifiable and therefore legal, but any killing not authorized by law is a serious crime.

Most homicides require the mental state of “malice”. Malice involves any of the following:

  • Intent to kill
  • Intent to cause serious bodily harm
  • Intent to create a severe risk of death or bodily harm while demonstrating a reckless disregard for human life.

Does the prosecutor have to specify a particular murder charge they are bringing against me?

No, they do not. Michigan law allows the prosecution to bring a charge of “open murder”. At that point they are free to try to make a case for any murder or manslaughter charge they please and the defendant can be convicted of any one of them.

What makes a crime a felony or a misdemeanor? 

A misdemeanor is any crime whose maximum penalty is less than a year in prison, or punished solely by a fine.

A Felony is a crime Punishable by death or more than a year in prison. However, Michigan abolished the death penalty for all crimes except treason in 1847. Death penalty for treason was abolished in 1962. Therefore, felonies for state crimes in Michigan are determined solely by possible prison sentence. Michigan citizens can still be put to death by the federal government for federal crimes committed in Michigan.

Felonies in Michigan are divided into 8 “classes” designated by a letter of the alphabet. Each class is defined by the maximum sentence for that offense.

What is a class A Felony?

  • Class A: punishable by a life sentence or any sentence greater than 20 years. Includes first and second degree murder, assault with a deadly weapon, and first-degree criminal sexual conduct.

What does the prosecutor need to prove in order to convict me?

In order to obtain a valid guilty verdict, the prosecution must prove beyond a reasonable doubt that you performed the specific physical act (actus reus) while having the specific mental state (mens rea) described in the statute you are being charged under.

The physical act must be voluntary (getting pushed or being unconscious doesn’t count) and can also include spoken words. It can also include the failure to act when you have a legal duty to take certain actions. Examples of such duties include:

  • Statutes: requiring you to file tax returns, report accidents, etc.
  • Any contract requiring you to take certain actions (such as those for nurses and lifeguards)
  • A special relationship such as a parent and a child which creates an elevated duty of care
  • A Good Samaritan law which creates a duty to continue to help once you start to assist someone in trouble.
  • You can also be charged with failing to help someone if you were the one who put them in danger.

In order for a duty to act to be legally effective, you must be aware of the duty and be reasonably capable of performing the acts required by that duty.

What kinds of mental states is involved with first degree murder?

  • Purposely: you must have specifically intended to perform the act or create the result described in the statute.

Some criminal statutes use more unique states of mind as requirements for conviction. Certain legal defenses (like voluntary intoxication) are only available for specific intent crimes. Certain forms of first degree murder require:

  • First degree murder (depending on the statute): must have had a premeditated intent to kill

Some crimes, like arson and certain forms of murder are called “malice crimes” because they require the mental state of malice. Malice is a reckless disregard for the extreme or obvious risk of a harmful event occurring.

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Click link to schedule a free case evaluation:

https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154

For more information visit our website: https://www.akivagoldman.com/
You can give us a call for a FREE phone consultation at (248) 588-3333

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What you need to know if you’ve been charged with a crime

Michigan criminal court – (248) 588-3333 – What You Need To Know

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Basic Concepts of Michigan Criminal law

What makes a crime a felony or a misdemeanor?

 A misdemeanor is any crime whose maximum penalty is less than a year in prison, or punished solely by a fine.

A Felony is a crime Punishable by death or more than a year in prison. However, Michigan abolished the death penalty for all crimes except treason in 1847. Death penalty for treason was abolished in 1962. Therefore, felonies for state crimes in Michigan are determined solely by possible prison sentence. Michigan citizens can still be put to death by the federal government for federal crimes committed in Michigan.

Felonies in Michigan are divided into 8 “classes” designated by a letter of the alphabet. Each class is defined by the maximum sentence for that offense. The classes are as follows:

  • Class A: punishable by a life sentence or any sentence greater than 20 years. Includes first and second degree murder, assault with a deadly weapon, and first-degree criminal sexual conduct.
  • Class B: Up to 20 years. Includes second degree arson and the production of child pornography.
  • Class C: Up to 15 years in prison. Includes manslaughter and robbery.
  • Class D: Up to 10 years in prison. Includes embezzlement or larceny (of more than $20,000).
  • Class E: Up to 5 years in prison. Includes shoplifting and third degree home invasion.
  • Class F: Up to 4 years in prison. Includes possession of less than 5 grams of marijuana.
  • Class G: Up to 2 years in prison. Includes: Includes a repeat offense of domestic assault and writing bad checks worth more than $500.
  • Class H: Punishable by less than 2 years in prison or by alternative penalties such as probation or electronic monitoring. Includes false representation or using stolen ID to commit another felony.

What does the prosecutor need to prove in order to convict me?

In order to obtain a valid guilty verdict, the prosecution must prove beyond a reasonable doubt that you performed the specific physical act (actus reus) while having the specific mental state (mens rea) described in the statute you are being charged under.

The physical act must be voluntary (getting pushed or being unconscious doesn’t count) and can also include spoken words. It can also include the failure to act when you have a legal duty to take certain actions. Examples of such duties include:

  • Statutes: requiring you to file tax returns, report accidents, etc.
  • Any contract requiring you to take certain actions (such as those for nurses and lifeguards)
  • A special relationship such as a parent and a child which creates an elevated duty of care
  • A Good Samaritan law which creates a duty to continue to help once you start to assist someone in trouble.
  • You can also be charged with failing to help someone if you were the one who put them in danger.

In order for a duty to act to be legally effective, you must be aware of the duty and be reasonably capable of performing the acts required by that duty.

What kinds of mental states are involved in crimes?

Most criminal statutes use one of several mental states that are widely used in criminal law. These crimes are known as “general intent” crimes. The mental states involved in such statutes are as follows:

  • Purposely: you must have specifically intended to perform the act or create the result described in the statute.
  • Knowingly: You must have acted knowing that the unlawful harm or result was certain or very likely to occur.
  • Recklessly: You must have deliberately disregarded a substantial and unjustified risk that the unlawful harm/result would occur. Furthermore, this disregard must be a severe departure from the standard of careful behavior expected from a reasonable person.
  • Negligence: You must have failed to be aware of a significant and unjustified risk that the unlawful harm/result would occur. This failure of awareness must be a significant departure from the level of care and prudence expected from a reasonable person. The violation of some statutes such as speed limit laws can be used as evidence of negligence.

Some criminal statutes use more unique states of mind as requirements for conviction. Certain legal defenses (like voluntary intoxication) are only available for specific intent crimes. Examples of “specific intent” crimes are as follows:

  • Solicitation: must have intended to have the solicitee commit the crime
  • Attempt crimes: must have intended to complete the crime
  • Conspiracy: must have intended to complete the crime
  • First degree murder (depending on the statute): must have had a premeditated intent to kill
  • Assault: must have intended to commit a battery
  • Larceny/robbery: must have intended to permanently deprived the rightful owner of their property
  • Burglary: must have entered the dwelling with the intent to commit a felony
  • Forgery: must have intended to defraud your victim
  • False pretenses: intent to defraud
  • Embezzlement: intent to defraud.

Some crimes, like arson and certain forms of murder are called “malice crimes” because they require the mental state of malice. Malice is a reckless disregard for the extreme or obvious risk of a harmful event occurring.

The final category of mental state is strict liability. These are crimes such as selling liquor to minors or statutory rape. This category of crime does not require you to have awareness of all of the relevant facts (such as a certain person being younger than 18 or 21). So long as you knowingly and voluntarily performed the underlying act (selling alcohol or having sexual relations) you can be convicted of a strict liability crime.

Can the state of Michigan charge me with crimes I committed in another state?

 Very rarely, but there are situations where out of state conduct can expose you to criminal liability in Michigan. It all depends on that states “jurisdiction”, and what kind of crime is being charged. For most criminal statutes, the crime itself must have been committed within the borders of the State of Michigan. However, under the following circumstances, you might be charged for things you did in another state.

  • Part of the crime was committed in Michigan.
  • In addition to an act performed in Michigan, any out of state act which qualifies as an attempt or a conspiracy to commit a crime in Michigan (see relevant chapter). If you and your cohorts specifically agree to rob a bank in Michigan, then Michigan can charge you with conspiracy to commit robbery.
  • In state actions that qualify as attempt, solicitation, or conspiracy to commit a crime in another state.
  • An out of state act which breaches a legal duty you owe to the state of Michigan.

What if I am guilty of a crime?

 The first thing that you need to understand is that this is entirely the wrong question to ask. It may indeed be true that you committed acts which are reasonably described by whatever criminal statute the prosecutor charges you under. It may be true that you acted believing that your actions violated the law. Nevertheless, guilt is something decided in court beyond a reasonable doubt. If the prosecutor can’t prove it beyond a reasonable doubt in a criminal proceeding that affords due process, than it makes no difference. A guilty plea or a plea bargain should only be accepted if you genuinely believe that this will result in the best outcome for you.

Even in the event where guilt is all but self-evident, that does not mean that the prosecutor is going to give you a fair and just sentence. Even if acquittal just isn’t in the cards, a good defense attorney is still going to present you and your actions in the best possible light. They are going to present the jury with your positive and admiral virtues, as well as all of the aspects and nuances of the actions and events that brought you into criminal court in the first place. In doing so, you will typically end up with a sentence (often probation in lieu of imprisonment) that is much more fair and just.

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Click link to schedule a free case evaluation:

https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154

For more information visit our website: https://www.akivagoldman.com/
You can give us a call for a FREE phone consultation at (248) 588-3333

For additional information please click here: https://www.akivagoldman.com/michigan-criminal-attorney/

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Tax Consequences of Child Custody and Support

Child Custody/Child Support – (248) 588-3333 – Tax consequences of Child custody and Support

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The Effect of Child Custody and Support on Taxes

How will child support payments affect my taxes?

Unlike spousal support, child support payments do not count as income for the receiving parent. Likewise, they are not deductible from your (the paying parent’s) taxable income. This is mainly because those payments are not meant for the benefit of the receiving parent (it’s for the child) and is considered an obligation of the paying parent. Although on the surface it may look like this rule favors the receiving parent (usually the mother), this is not really the correct way to view child support.

How will child custody affect my taxes?

Having physical custody of a child allows you to claim them as dependents when filing taxes. Claiming dependents has the following tax benefits:

  • Allows you to file as a head of household
  • Allows you to claim the child tax credit or $500 non-refundable Dependent tax credit
  • Allows you to claim the credit for child and dependent care expenses
  • Allows you to claim a higher earned income tax credit
  • Allows you to exclude dependent care benefits from your taxable income

Once again, this looks like a substantial benefit to the parent that gets physical custody. However, it should still be noted that the parent is incurring expenses to care for the needs of those children. However, if that parent were able to find ways to reduce the expenses for providing for the children in their custody without undermining the wellbeing of said children, then the associated tax benefits might prove to be profitable.

What if we share joint custody? Can we still claim dependents and the associated tax benefits?

You can both claim the children as dependents as long as you both file jointly. Unfortunately, a divorce couple may only file jointly for the last year that you were still married. After that only one of you will be able to claim the children as dependents. If both of you attempt to do so, the IRS will only allow the parent who has spent the most time with the children to claim the dependents and the associated tax credits.

This is a rather unfortunately designed system that is set up in a way that creates economic tension between the parents and result in competitive or adversarial behavior. A better system would somehow split the benefits between the parents but that is not the system we have now. It would be highly advisable for any parents with joint custody to acknowledge this disparity and strive to come to a private arrangement that shares the benefits of the tax system and promotes harmony between them for the good of their children.

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Click link to schedule a free case evaluation:

https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154

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You can give us a call for a FREE phone consultation at (248) 588-3333

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Modifying Alimony/Spousal Support

Alimoney/Spousal support – (248) 588-3333 – Modifying Spousal support
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Modifying Spousal Support:

What are the rules for modifying spousal support? What does “changed circumstances mean”?

Either party (paying or receiving) may ask for a modification if modification is permitted for that type of support.  ny change must be justified by proving  a “substantial change in circumstances”. The “changed circumstances” must occur after the divorce order is finalized. The burden of proof is on the party seeking modification. Neither ex-spouse may order an entirely new type of support payment that was not part of the original divorce decree.

What kinds of Alimony/support are there?

In Michigan family court you are likely to see one of three types of payments: permanent (periodic or lump sum), rehabilitative, and reimbursement. Which type you encounter depends on a number of circumstances such as the relative incomes of the spouses as well as the role both played in the household leading up to the divorce.

What is “permanent” support? Can it be terminated?  

Permanent Support is a payment given to one spouse because they lack the means to support themselves. This will either take the form of regular payments made to the other spouse for the remainder of their lifetime or one “lump sum” payment. This payment will automatically terminate if the receiving spouse dies or remarries.

By definition, the “lump sum” cannot be modified or terminated. The only exceptions are the retirement of the receiving spouse or proof of fraud. At that point the spouses may end up sharing retirement income or a pension, in which case the support payments will be canceled.

Permanent spousal support is more likely to be awarded in long term marriages, especially if one of the spouses is at or near retirement age and has little in the way of job skills/experience

Can “permanent” spousal support be modified?

The periodic payments (not the “Lump sum” version) can be modified if you can demonstrate a change in circumstances that occurs after the final divorce decree.

As such, if you desire or anticipate attempting to challenge, terminate, or modify spousal support; then the periodic payment plan is preferable to the lump sum.

What is “Rehabilitative” support? Can it be terminated?

This is a “periodic” payment made for a limited time so that the other spouse can gain the skills to become self-supporting.

Due to its temporary nature, rehabilitative periodic spousal support is relatively easy to terminate. All the paying spouse has to do is persuade the judge that their former spouse is rehabilitated and can take care of themselves. This type of support terminates automatically when the receiving spouse gets remarried or if either spouse dies. This makes sense given that this support is meant to give that spouse help that the now estranged former spouse was giving them. Once the receiving spouse gets remarried it is assumed that their new spouse is now giving that support.

Can “rehabilitative” support be modified?

 The conditions for modification are the same as permanent support. Proof that the other spouse has gained the necessary skills would obviously count as a “substantial change in circumstances”.

What is “Reimbursement” support? Can it be terminated?

A reimbursement support payment is sometimes ordered by the court when there is a situation where one spouse supported the other while they earned a degree or a professional license. The amount is based on how much help the supporting spouse gave, not the value of the degree license.

Due to the fact that it is a one-time payment, this type of support may never be terminated and can be inherited by someone else upon the receiving spouse’s death. It will also be paid even in the event of the paying spouse’s death.

Can “reimbursement” support be modified?

Once ordered, this payment can never be modified or terminated. This is because it is a one-time payment reimbursing your spouse and is not based on changed circumstances.

I want a guarantee that my ex will not modify his/her payments, and I am willing to accept slightly smaller payments in exchange? Is this possible?

Yes, parties to a divorce can modify that support in order to waive their right to modify that support in the future. However, there are certain requirements and limitations on such a waiver. First, the waiver must be contained in the final divorce agreement, or it is not valid. The waiver must be clear and obvious, so that there can be no doubt to anyone reading it that the parties are giving up their rights to modify. The language in the divorce decree must also contain language saying that the spousal support agreement is “final, binding, unchangeable, etc.” Be advised that if the support agreement was the result of a full blown divorce trial on the merits, then the parties cannot waive their modification rights.

What can I do to make sure I get the modification that I want, or to make sure my spouse doesn’t get a modification they don’t deserve?

No matter which side of the modification process you end up on, the advice is largely the same. The most important step is to keep adequate financial records for both yourself and your former spouse (if possible). Your (the paying spouse’s) own records are more important as a modification will typically stem from your own income either increasing or decreasing. Sometimes you might need documents from a third party. For example if the receiving spouse is asking for modification because they lost a job, it might be helpful to obtain a document from their former employer stating that they were fired for cause. You might be able to use this to argue that you shouldn’t have to pay more in spousal support because their diminished income was their own fault.
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Click link to schedule a free case evaluation:

https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154

For more information visit our website: https://www.akivagoldman.com/
You can give us a call for a FREE phone consultation at (248) 588-3333

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Michigan Adoption

Family Law – (248) 588-3333 – Adoption
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Adoption

 Sometimes an individual or couple wants to raise a child without conceiving one of their own, and sometimes there are children who are no longer in the care of their birth parents. Adoption can help bring these people together to form loving makeshift families that can be just as close as biological ones.

What is adoption?

 Adoption is a legal process which terminates the legal relationship between a child and its biological parents and creating a new relationship with adoptive parents. The adopted child’s birth certificate will be altered to show the adoptive parents as the child’s true mother and father. There are statutes in Michigan which govern this process. An unmarried person or a married couple can adopt either a minor or an adult. However, an unmarried couple cannot adopt as a couple, only one of them would be the adoptive parent.

Where should I file the adoption petition?

 Michigan law requires the petition to be filed either at the location of the petitioner (you) or the child being adopted. If both live outside of Michigan, then it is filed at the location where the child’s biological parents had their rights terminated.

Do you need the permission of the biological parents to adopt the child?

 Usually, you do. If the natural parents still have their parental rights, then there consent is needed. If the father is not married to the mother, his consent might not be required. However, if the state has already terminated parental rights, then permission is unnecessary.

Also, the court might waive the consent requirement if the biological parents are being unreasonable with their denial of consent and are not acting in the best interests of the child. Even if consent is waived, the biological parent still has a right to notice and a hearing about the adoption.

Also, the permission of an unmarried biological parent might still be required under certain circumstances. This hinges on the father’s level of involvement in the child’s life. Does he live with the child? Does he care for it? Does he visit the child regularly? Has he admitted paternity and/or paid child support? If the child is an infant, the court will look for “manifestations of parental responsibility”. In the absence of these things, the non-marital father has no right to prior notice before his child is adopted.

 Do you need a child’s permission before you adopt them?

 Only if the child is older than 14 years of age, otherwise, no consent is needed.

Will the state/court do anything to investigate the home of someone adopting a child?

 Yes, a full investigation and approval by the court of the adoptive home is mandatory. The courts take the safety of all children in their care very seriously.

 Can I pay the birth parents to choose me as the adoptive parent?

 Absolutely not. Other than pregnancy related medical costs, you are forbidden by law to pay money to the birth parents. Most states try to avoid running the risk of developing a market for adopting kids.

What happens if someone violates one of the statutes regulating adoption?

 Breaking adoption statutes is usually a crime. The first violation is a misdemeanor. The second is a felony.

 What happens if the adoption is successful?

 A new birth certificate will be issued. The new certificate will list the adoptive parents as the mother and father. This completely severs any right, claim, or obligation the birth parents had with the child and transfers them to the adoptive parents. Sometimes a birth parent will terminate their own parental rights so that they can jointly adopt their child with their new spouse.
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Click link to schedule a free case evaluation:

https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154

For more information visit our website: https://www.akivagoldman.com/
You can give us a call for a FREE phone consultation at (248) 588-3333

For additional information please click here: https://www.akivagoldman.com/michigan-family-law-attorney/

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Alimony/Spousal support

Divorce – (248) 588-3333 – Alimony/Spousal Support 
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Alimony/Spousal Support

Will I have to pay my former spouse alimony? Will he/she have to pay it to me?

There are two kinds of payments you might pay/ be paid. It is called alimony when a payment is made while the marriage still exists. When the payment occurs during the divorce process or is a part of the final divorce agreement, it is known as spousal support. If either spouse is made to pay, it will likely be the less wealthy spouse.

How much will I have to pay in alimony/spousal support?

The amount is generally left up to the court’s discretion. The Michigan family court will consider the following factors when determining the amount.

  • The relationship and conduct of the former spouses
  • The length of the marriage ( a longer marriage might mean one of the spouses has less independent earning power)
  • The ability of either spouse to work
  • The type and amount of property that was awarded when the marital property was divided (a generous award might mean less generous support payments)
  • The paying spouse’s ability to pay. (Family courts typically try to avoid bankrupting people.)
  • The needs/health/situation of either spouse
  • The prior standard of living of either spouse. (The rule of thumb is that the court will try to give the spouse being paid the “standard of living to which he/she has become accustomed)
  • The contributions each spouse made to the marital estate
  • Any fault by either party (abuse, adultery, etc.)
  • How living together affected each spouse’s financial situation (cohabiting is a great way to save costs)
  • General principles of fairness

What kinds of Alimony/support are there?

In Michigan family court you are likely to see one of three types of payments: permanent (periodic or lump sum), rehabilitative, and reimbursement. Which type you encounter depends on a number of circumstances such as the relative incomes of the spouses as well as the role both played in the household leading up to the divorce.

What is “permanent” support? Can it be terminated?

Permanent Support is a payment given to one spouse because they lack the means to support themselves. This will either take the form of regular payments made to the other spouse for the remainder of their lifetime or one “lump sum” payment. This payment will automatically terminate if the receiving spouse dies or remarries.

By definition, the “lump sum” cannot be modified or terminated. The only exceptions are the retirement of the receiving spouse or proof of fraud. At that point the spouses may end up sharing retirement income or a pension, in which case the support payments will be canceled.

Permanent spousal support is more likely to be awarded in long term marriages, especially if one of the spouses is at or near retirement age and has little in the way of job skills/experience

What is “Rehabilitative” support? Can it be terminated?

This is a “periodic” payment made for a limited time so that the other spouse can gain the skills to become self-supporting.

Due to its temporary nature, rehabilitative periodic spousal support is relatively easy to terminate. All the paying spouse has to do is persuade the judge that their former spouse is rehabilitated and can take care of themselves. This type of support terminates automatically when the receiving spouse gets remarried or if either spouse dies. This makes sense given that this support is meant to give that spouse help that the now estranged former spouse was giving them. Once the receiving spouse gets remarried it is assumed that their new spouse is now giving that support.    

What is “Reimbursement” support? Can it be terminated?

A reimbursement support payment is sometimes ordered by the court when there is a situation where one spouse supported the other while they earned a degree or a professional license. The amount is based on how much help the supporting spouse gave, not the value of the degree license.

Due to the fact that it is a one-time payment, this type of support may never be terminated and can be inherited by someone else upon the receiving spouse’s death. It will also be paid even in the event of the paying spouse’s death.

How will paying support/alimony affect my taxes? Are the payments deductible?

If your divorce was finalized on or before December 31, 2018, then spousal support payments count as income for the receiving spouse for the receiving spouse. By the same token, the payments that the paying spouse makes are tax deductible. If it happened after that date, then they are neither taxable nor deductible.

I can’t afford the costs of a divorce case/ my ex dragged out the proceedings for a long time, can I make them pay some of my costs?

If one party can demonstrate that they are unable to pay their expenses, the court might order the payment of reasonable attorney’s fees and/or litigation costs.

If we get an annulment or a legal separation instead of a divorce, will spousal support be handled differently?

That depends on which process you use. In a legal separation, spousal support will be handled the same way as it is in a divorce.

However spousal support is rarely if ever given in an annulment. This is because an annulment typically means that the marriage never existed in the first place and therefore the spouses had no such obligation to support one another.

How can I make sure that I get the spousal support benefits that I deserve or only pay an amount that is fair?

The most reliable way is to write up a premarital agreement that discusses spousal support. It goes without saying that you should make sure that the type and amount of support is what you want and deserve. If you believe spousal support will be decided in court, then things will get a bit more complicated.

In any case, you should keep relatively detailed records of your, and your spouse’s income before and after getting married. The last thing you want is to give your spouse and opportunity to push arbitrary and made up numbers for their own benefit. Furthermore, having documentary proof will make your own arguments more persuasive. Be aware, that if your spouse draws down their own career in order to spend more time at home, that will likely mean that they will receive support from you if the two of you divorce. Obviously the reverse is true if your spouse ends up playing the role of breadwinner.

You should also be aware of the extent to which your spouse assists you in pursuing education, acquiring property, etc. These can result in an order of support even if your spouse has greater income and even if you suffered a loss of income as a result of getting married.

Keeping all of this in mind going into a marriage, you can then determine to what extent it is appropriate for you and your spouse the arrange your new life as a married family in order to effect the outcome of a hypothetical property division in a divorce. Although it is entirely possible that you and your spouse won’t actually care that much and will (hopefully) just come to an agreement amicably if it ever comes to that.

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https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154

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You can give us a call for a FREE phone consultation at (248) 588-3333

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What Factors Are Used To Determine A Trucking Accident Settlement? [Video]

Trucking Accident – (248) 588-3333 – What Factors Are Used To Determine A Trucking Accident Settlement?
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Trucking accidents can be pretty serious for both the trucker and the victim of the accident. However if you are a victim of a trucking accident, there are a couple of factors you must keep in mind. You have to consider how you are going to take care of your wage loss, the responsibility of your medical expenses, and your pain & suffering. There are different insurance companies who are involved in this compensation package. For example, your wage loss and medical expenses may be handled by your insurance company, whereas your pain & suffering are handled by the insurance company of the trucker.  If you have questions about this process, contact an expert who can help you navigate this process!
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Click the link to schedule a free case evaluation: https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154

For more information visit our website: https://www.akivagoldman.com/
You can give us a call for a FREE phone consultation at (248) 588-3333

For additional information please click below: https://www.akivagoldman.com/michigan-truck-accident-attorney/

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What You Should Do If You’re Involved In A Boating Accident [Video]

Boating Accident – (248) 588-3333 – What You Should Do If You’re Involved In A Boating Accident
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As the weather stays warm, this results in many individuals participating in lake activities. When this happens, people tend to drink when they are on the lake, and because of this people who aren’t careful and alert of others while on the water, thus causing a serious accident. A lot of times injuries associated with boating accidents can be severe. There are a number of scenarios that can take place and result in serious harm. If you’re involved in a boating accident, the injuries and damages can be extreme. You will need legal assistance to give you direction and explain your rights & options to help you navigate through this process.
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Click the link to schedule a free case evaluation: https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154

For more information visit our website: https://www.akivagoldman.com/
You can give us a call for a FREE phone consultation at (248) 588-3333

For additional information please click below: https://www.akivagoldman.com/boat-accident-attorney-michigan/

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How To Collect For Pain & Suffering In A Car Accident [Video]

Car Accidents – (248) 588-3333 – How To Collect For Pain & Suffering In A Car Accident
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When you are involved in an auto accident, three claims arise. These three claims are reimbursement for lost wages, reimbursement for medical expenses, and pain & suffering. Each claim is handled in a different way. Medical bills and wage loss are taken care of by your insurance company. They are responsible for your medical expenses and wages lost during the specific time period. Your pain and suffering, which can include the inconvenience for being involved in an accident that wasn’t your fault, scarring, etc, are handled by the insurance company of the offending motorist. If you are the victim of an accident, you need to get your own insurance company involved immediately to help resolve the issue. In order to get the other insurance company involved, you should contact an experienced attorney who has the necessary knowledge and experience dealing with these kind of cases!
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Click the link to schedule a free case evaluation: https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154

For more information visit our website: https://www.akivagoldman.com/
You can give us a call for a FREE phone consultation at (248) 588-3333

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