When Will A Judge Modify Child Support – Michigan Law

Courts give you the option to request a revision in your child support. It does not imply however that you should. The judge may or may not grant it. It really depends on the circumstances. So, when will a judge modify child support? Situations must drastically alter. You must support your claims with facts and evidence.

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Courts will accept adjustments to child support obligations. For that, a formula exists. Your co-parent also earns money, and you both have parenting time. The amount of child support is calculated after taking all of that into account. Make sure your computation is exact if you want to receive a good result. Obtain a precise estimate of the amount of child support that should be paid. Do that before you submit a modification request. It could happen that the child support is less than it should be. The updated calculations might confirm it. The amount you pay could increase.

Child support is a series of payments ordered by a court. It is paid to the custodial parent. These payments are meant to assist with the expense of maintaining a child. Until a child turns 18, or in some circumstances until the child turns 19 ½. The judge enters an order to begin or modify child support when a child turns 18. In some circumstances, the court extends support until the child reaches 19 and a half years old.

 

What goes into the calculation of child support?

Michigan adopts a mathematical formula for calculating child support. The formula accounts for each of the parent’s income. It also accounts for the number of overnights young children spend with each parent.

Pay stubs or the most recent year’s tax returns are used. These are the same document used to file income tax returns. The data in these documents are used to calculate the reported Medicare wages. After the baseline income has been established, the income report might need to be modified. The guidelines for calculating the parents’ income vary. It varies from county to county. 

“Social Security Wages” are represented by the amount in W-2 form box 3. The sum in box 5 is the “Medicare Wages” amount. Medicare Wages have no upper limit. An employee’s “Social Security Wages” are limited to a certain amount per calendar year. Social security taxes are no longer levied for that calendar year once that maximum has been achieved. The Social Security yearly maximum normally changes every year.

One parent foots the bill for the child’s or children’s health insurance. That payment can be excluded or subtracted from that parent’s income. Other payments can be subtracted as well. These payments are few compared to the additional sources of revenue that can be taken into account. Additions may be made from any verified source of income. This can include 1099 payments, capital gains from the selling of stocks or homes, and more.

Overnight calculations are a little bit easier. Any overnight that does not violate the custody agreement is considered to be one. Your co-parent asks you to watch your children for a week so that they can go on vacation. You would count those nights against your overall total.

Understanding these numbers can help you determine if it is feasible and prudent to try to modify your child support payments.

 

Is it always the father who pays for child support?

The fathers are always required to pay child support. This idea about child support is a popular misunderstanding. The calculating formula for child support we mentioned demonstrates this. Your co-parent, the mother, may earn more money. The mother could have more demanding work than the father. This work reality may necessitate the children staying over with their dads. Today’s trend is probably more frequent.

Many men choose not to petition for changes. They believe that they will have spent their time and money on a court filing. They believe that fathers are accountable for paying child support. You can decide if it’s worthwhile to file for a change to your Michigan child support. Talk to your attorney first. Do it before deciding on changing or not changing your child support order.

Here’s another misunderstanding about child support. Paying child support to your ex-spouse’s children. Don’t pay child support. Not to your ex-spouse’s children. You may be a stepfather but no, you’re not obligated to pay child support to your ex-spouse’s children.

The legal relationship between a parent and child only arises in three circumstances. Excluding an adoption, here are the three situations:

[ 1 ]  Legal Presumption

In Michigan, if a couple was married at the time of conception or birth, the child is legally deemed to be their child. The opposite evidence can disprove this assumption. Another man might, for instance, assert that the child is his own.

[ 2 ]  Affidavit of Parentage

Unmarried parents who acknowledge their shared parental consent do so by signing this paper. A notary public must witness both parties’ signatures, which is frequently done at the hospital where the baby is delivered.

[ 3 ]  Paternity Court Case

The government initiates a paternity court case when the child receives public assistance. Either parent may file a lawsuit to have the court determine the child’s parentage. DNA evidence is frequently used in court proceedings to establish paternity.

If one of these methods is used to establish parenthood, child support obligations follow. The relevant order must then be entered in accordance with child support guidelines.

 

When will a court allow modifications to my child support payments?

Your child support order may be modified upon request. There are two ways to begin a review of a child support order:

[ 1 ]  The Friend of the Court or FOC evaluates the child support order amount. It does so every 36 months if either parent gets public assistance. Every 36 months, you can still ask for a child support order review even if you are not getting government aid. Consult the Friend of the Court. Get instructions on how to do the child support order review.

[ 2 ]  Either parent may submit a court request to modify the child support order. Do this if it has been less than 36 months since the last review of the order. Check your local court to see if there is a filing cost for court motions. Answer a case questionnaire. The questionnaire will be sent to you at the time of your review. Complete the required questionnaire.

The FOC will ask for additional details like:

[ 1 ]  Your four most recent pay stubs, or a declaration from your employer(s) detailing your salaries, deductions, and earnings thus far this year.

[ 2 ]  A copy of your most recent W-2s, 1099s, and schedules from your federal and state income tax filings.

[ 3 ]  A copy of your three most recent corporation or company tax returns, whichever is most recent (if you are self-employed)

[ 4 ]  More information to help the FOC in recommending support.

[ 5 ]  Use the Child Care Verification (form FOC39e) if you want to claim child-care expenses as a deduction.

Pay child support if you are mandated by an ongoing court order. Do so consistently and on time. It might have serious legal and financial repercussions for you if you don’t. You may have spent very little time with your children right after the divorce. Over time, your ex may have allowed more overnights. Rather than making a smaller payment or paying nothing, file to have the order amended.

Your debt will quickly grow in arrears if you stop paying. The state will apply an additional 8% surcharge to the amount payable. If the obligation is not paid, thousands of dollars may be due and imprisonment may result.

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What Are the Rights of a Father Who Isn’t on Birth Certificate – Michigan Law

The mother and father start dating. Mother conceives a child. The father and mother split up a few months during the pregnancy. They don’t tie the knot. They have children. Father wasn’t present when the baby was born. On the birth certificate, he is not included. What are the rights of a father who isn’t on the birth certificate? 

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The father is conscious of his paternity. He is no longer allowed to be involved in the child’s life. Legally speaking, the father isn’t even the child’s father yet. He has to prove paternity. Once paternity has been proven, the court may now issue a decision. Now that paternity has been established, the associated rights and duties can be established. Parenting time, custody, and child support are now included in these rights and duties.

You must know the legal context you pursue your rights as a father. Knowing Michigan’s regulations is essential. Laws or regulations differ from state to state when it comes to paternity and children. This is an overview of your rights as a father in Michigan. It addresses some of the most critical things fathers should know.

 

What is parental right?

Parental right. The ability of a parent to act on behalf of their child or children. It is the ability to make significant choices in the framework of family law. Parents of biological children are automatically granted these rights. These privileges also cover:

[ a ]  Adoptive parents; 

[ b ]  Foster parents; and,

[ c ]  Legal guardians (in certain circumstances).

Parental legal rights typically include:

[ 1 ]  Assuming custody of their child or children on a legal and physical basis;

[ 2 ]  Having specific visiting and contact rights with their child or children;

[ 3 ]  Making decisions about their child’s or children’s basic needs, such as school, religion, and medical care;

[ 4 ]  Leaving possessions to their child or children as an inheritance; 

[ 5 ]  Entering into a contract on their minor child’s or children’s behalf.

The parental rights mentioned are those that come with being the biological parent. A person can acquire parental rights in a number of different ways. One means of achieving this is through adoption. Adoption requires court approval. An adult can legally adopt a child who is not their biological child.

Each parent may be granted a separate set of parental rights. Rights that usually follow a formal separation or divorce. The child gets older and everyone’s requirements change. A parent can petition the court to modify these rights.

In these situations, parental rights are frequently referred to as custody rights. Physical custody and legal custody are the two primary categories of custody.

The parent who has physical custody is entitled to keep their child in their care. A court may grant shared physical custody. An arrangement where the parents live close to one another. These arrangements allow a child to spend roughly equal amounts of time with each parent.

The right to make decisions for the child’s upbringing, including educational and medical choices, is known as legal custody. A court will frequently grant both parents shared legal custody so that they can participate in making decisions.

Just like any parent, a father has rights. He has rights as outlined in the definition of parental rights above. What if you are a father but your name is not on the child’s birth certificate? What then?

 

How can a biological father establish paternity?

Regarding children born out of wedlock, Michigan law says this. A father of an unmarried child has two options for submitting paperwork. His fatherly paternal rights are protected by this document. If he and the mother of the child are unable to agree on parentage, this is the legal option. A father can start off with a “Notice of Intent to Claim Paternity,” to kick off the proceedings.

You as the father can be worried about the child being given up for adoption. It could be particularly important to submit this before the baby is born. Another choice for a father is to postpone bringing a paternity case to the Circuit Court. The father can wait until after the baby is delivered. If a DNA test is necessary, a court order can be obtained. It can be done following the filing of the paternity action. The court orders the minor child’s mother, father, and test subjects to appear for testing.

In general, Michigan has two ways of establishing paternity either “voluntarily” or “involuntarily.”

You can establish paternity voluntarily. The mother and father just have to agree that the father is the biological father. 

The “Affidavit of Parentage,” is required to freely prove paternity. It must be signed by the mother and father in front of a notary. The Affidavit of Parentage can be signed for free in the hospital. This is when the child is born and executed by both parents. The Affidavit of Parentage may also be completed at a later time. There is a fee for doing so because the father’s name must be changed or added to the birth record. The document must be signed and sent to the Division for Vital Records and Health Statistics. It is under the Department of Community Health’s Central Paternity Registry, 

Even though the father is married to another person, he can still sign an Affidavit of Parentage. The father is the “legal” father once the Affidavit of Parentage is completed and submitted.

An “order of filiation,” is another legal term for paternity. It is issued by the court in a legal action for the involuntary establishment of paternity. This process is referred to as “involuntary” since there is a paternity dispute, leading to a legal issue. Either the mother or father may bring a judicial action to establish paternity. The child might be receiving public assistance. In this case, the Michigan Department of Human Services may also bring a paternity action. This is done on behalf of the public.

The “petitioner” is the party seeking to establish paternity. To start the legal process for establishing paternity, the petitioner must submit a “complaint. This complaint will seek to establish paternity” in the circuit court. The paternity complaint should be filed in the county where the mother or child resides. If the supposed father questions or disputes that the child is his, genetic or DNA testing may be necessary. If it is determined that he is the father, the court would typically require him to cover the test costs. If the father is the biological father, the court issues a paternity order designating him as the child’s “legal” father.

 

What benefits can you get from establishing paternity?

Raised your child the way you see fit. Have a say in their lives. Play a proactive role in your children’s life from an early age.

A child must get to know their father. Establish a connection, a bond. The child can have relationships with both sides of the family. There are inherent advantages. This is on top of the emotional and psychological ones. Some of these advantages include:

For the dad:

[ a ]  Having legal custody over the child.

[ b ]  Enabling the father to add his name to the birth record of the child.

[ c ]  Enabling the father to have visiting privileges.

For the child:

[ a ]  Being qualified for parental benefits like health insurance and social security. 

[ b ]  Being entitled to earnings from life insurance policies, pensions, and inheritances.

[ c ]  Having access to both parents’ financial support.

[ d ]  Having access to both families’ medical histories to more accurately identify or avoid health problems.

[ e ]  Receiving the same privileges and entitlements as a child born to married parents.

For the mom:

[ a ]  Enabling the mother to ask the father for money so they can split the cost of parenting a child.

[ b ]  Giving the kid the chance to inherit from the daddy.

Fathers’ desire to make up for the lost time. It is reasonable. It’s important to keep in mind that children can adapt. Children may have had some adjustments. By this time, they have probably established a new routine.

Don’t focus on spending a lot of time. Focus on quality time. This entails maximizing the time that is spent together and being in the present. Make an effort to consistently spend time with your children. Choose a particular day or hour each week for kid-focused activities.

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Smart Ways to Divide Retirement Assets During Divorce – Michigan Law

Retirement assets are assets with benefits you don’t intend to use now. Or an asset you intend to liquidate during its maturity where the value is highest. If you’re liquidating because of divorce, you may want to leave out retirement assets. Retirement assets may be worth less if liquidated before their maturity. You have to find smart ways to divide retirement assets during divorce.

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Liquidation of retirement assets or securities is a taxable event. You may get less than its maturity values. Taxes and early withdrawal penalties will eat up portions of its gross value. The best approach is to keep the retirement assets. Give another asset or lessen the debts of the other party.

Both in the short and long terms, divorce can be financially catastrophic. Instead of one household, two must be supported by the same amount of combined revenue. Divorce can alter your ability to pay income taxes and qualify for health insurance.

Most individuals tend to concentrate on finding ways to get by from one paycheck to the next. Protecting your retirement savings is just as important.

After retiring, many people continue to live for at least 15 or 20 years. It might not seem fair to have to give away half of your retirement savings upon divorce. You dutifully put money into your retirement account while your spouse frittered away that much of their income. Take that bitter pill because that account is marital property.

 

What are retirement assets?

Retirement assets or retirement accounts are a form of savings intended to serve an individual’s retirement. An individual retirement account or IRA is a type of pension. It is offered by numerous financial organizations to get tax advantages for retirement savings. IRA is a trust created to manage investment properties paid for by a taxpayer’s income. IRA was created for the taxpayer’s potential retirement benefit. IRS Publication 590, Individual Retirement Arrangements explains the IRA. IRA is an individual retirement account. It is a specific kind of individual retirement arrangement (IRA). It is an Individual retirement annuity. The taxpayer buys an annuity contract or an endowment contract from a life insurance firm. These are employer-established benefit trusts.  The most common and most popular is the 401(k).

Aside from 401(K) are some other pensions, employee stock ownership plans, and profit-sharing plans. Other examples of these are 403(b), 457, and 409A.

 

Are retirement assets part of marital property?

The law governing divorce property in Michigan is MCL 552.28 and MCL 552.501. These laws allow for the split of assets accumulated during the marriage. Retirement accounts are considered property. The marital share is divided up if the account’s value increased during the marriage.

Similar to your home and bank accounts, retirement funds may be considered marital property. They must be divided between spouses in the event of a divorce. The guidelines for separating retirement savings, however, can be complex. When spouses divorce, both state and federal tax regulations may have an impact on how and when assets are split.

Most retirement accounts are created with the intention of being hidden away. You tuck it away until you retire or reach a specific age. You will incur heavy fines from the financial institution if you take the money from the account before the deadline. As long as you wait to withdraw from these funds until after retirement, the government normally does not tax them. The interest in the account will be taxed if you do an early withdrawal. When combined, these fines and taxes can deplete a person’s retirement savings almost entirely.

The National Defense Authorization Act. For those in the military service, the act added a Federal provision. Congress passed the act in December 2017. The provision preempts all state laws on military divorce. It sets forth the requirements for managing military pensions. The pension must be distributed equally among spouses under the new rule. On the day of the court order, it is split as though the military officer had retired.

In the new provision, the benefits of the military spouse that accrued at the time of divorce are divided. The new provision does not classify the entire benefit earned upon retirement between the two spouses as a marital asset. Any pension that the military spouse accrues after the divorce is recognized as separate property.

 

How will these retirement assets be divided in a divorce?

In Michigan divorces, judges and parties have a number of alternatives when it comes to dividing retirement accounts. Several possibilities include:

[ a ]  Each spouse could maintain their 401(k) intact. They could leave the other spouse’s account alone. Both spouses should have 401(k) accounts and the value of those accounts is about equal.

[ b ]  When the value of the accounts differs, the party with the higher 401(k) balance may incur more debt. The other party with the lower balance may be awarded other marital assets in an amount equal to the difference.

[ c ]  The 401(k) account could be divided between the parties using a Qualified Domestic Relations Order (QDRO). This creates a second 401(k) account for the non-employee spouse.

[ d ]  The parties could liquidate the 401(k) account to settle any outstanding debts. Please be aware that choosing this option can result in fines and taxes. It can reduce the account’s balance.

All retirement savings are divided in a divorce, according to Michigan law. This includes 401(k), 403(b), IRA, and other comparable eligible retirement accounts. Regardless of who earned the money or assets before the marriage, they are all deemed to be marital property. They are all subject to equitable distribution in the event of a divorce. This indicates that the account will be shared equally following divorce. This is regardless of whether the retirement assets are titled in the names of both parties or just one.

This only applies to the retirement accounts’ joint portion. This means that the balance of the account as of the date of the marriage will not be divided. You are the account holder. You should provide documentation to verify the date of your marriage.

The USFSPA governs the division of retirement accounts among military service personnel.  The “10/10 rule” governs the funds received from the Department of Finance and Accounting (DFAS). A person receiving funds must adhere to the requirements of the USFSPA. This requirement states that the couple must have been together for at least 10 years. The military member must have served on active service for 10 of those years. Spouses are not entitled to payments from DFAS if couples are not married for ten years. Or, if the serving spouse has not served for ten years. 

A person may still be qualified to receive a portion of their spouse’s military retirement pay. It should be specified in the divorce agreement. Establishing the 10/10 rule, the USFSPA also gives each state the freedom to enact its own laws. It allows for the consideration of military retirement benefits when splitting property. A 50/50 split is not always guaranteed in Michigan. Courts work to divide marital property in an equitable manner. A person can receive a share of their ex-military spouse’s benefits as part of the divorce settlement. They can receive up to 50% of the overall retirement payout.

 

Is there a way to protect my retirement assets from the property division?

You may be able to keep a part of a retirement account for yourself if it qualifies as separate property. In divorce cases, courts usually do not distribute separate property. You can learn more about those circumstances from your attorney.

Retirement accounts and any profits or growth are separate property if you had a job before getting married. This is also true if you had an old retirement account. An account you did not contribute to after getting married or rollover into with your new employment. There will be no claim on the asset by your spouse.

The court will see monies in a 401(k) retirement account as marital property. Marital assets will always be partitioned in divorce. It will be unless a pre or post-nuptial agreement specifies otherwise. The other spouse should expect to receive half of the funds from the 401(k) if just one spouse has one. The court may simply permit each party to maintain their account. This can happen if both spouses have their own 401(k) accounts and the balances are about equal.

Spouses can use collaborative law or mediation to develop their own plans for dividing 401(k) assets. They should submit the arrangement to the court. In cases when one spouse has a 401(k) and the other does not, couples can also construct agreements.  The non-account holder can get another asset. The asset or assets should be in an amount equal to the other spouse’s 401(k) balance. Use a Qualified Domestic Relations Order or QDRO in this situation with your 401(k). The use of QDRO after a divorce is one of the rare situations when 401(k) account holders can withdraw money from their accounts. They can do it without incurring penalties.

Create your own IRA. Get it before the divorce is finalized. Deposit retirement assets you get from your spouse into tax-deferred retirement accounts. This will help you to avoid penalties. Cashing out could provide you with money in the short term. Invest it in a tax-deferred retirement plan. It will increase your financial stability in the long run considerably more.

When talking about the division of retirement assets in a divorce remember this:

[ a ]  Retirement account contributions made throughout the marriage, along with an increase in those contributions, are regarded as marital assets.

[ b ]  An individual retirement account (IRA) distribution may be stipulated in a divorce judgment or a court-approved property settlement agreement.

[ c ]  A “qualified domestic relations order” (QDRO) is necessary to divide qualified plans like 401(k)s.

[ d ]  State law can be overridden by a legitimate prenuptial or premarital agreement, but a spouse may contest the arrangement and can have it declared invalid.

Going through a divorce is stressful. You’re ending an important relationship. The court is about to divide your assets and properties. You worry about your financial well-being after the divorce. You may even be justified in feeling resentful. Imagine having to “share” your retirement savings. Sharing it with someone you may not think deserves it. Get a better perspective by talking to an attorney about your retirement accounts. Your attorney may just have a way around your apprehensions.

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How Can I Strategically Divide My Assets – Michigan Law

Both parties have access to liquid assets. These assets will be divided easily. The separation of assets may not be straightforward. This happens in instances where there is a mix of liquid and non-liquid assets. For instance, when you liquidate a 401(k), its face value might not be accurate. Because taxes will be paid when a 401K is liquidated, its value may be reduced. Early withdrawal fees can apply. You have to ask yourself, how can I strategically divide my assets?

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The term “fair” may not always imply an equal distribution of assets when liquidating a combination of liquid and non-liquid assets. Your lawyer can suggest methods for dividing assets strategically. Simply take your 401(k) and divide the less-valuable proportion. Swap out your ex-spouse’s portion of the assets for another of your asset. In the absence of such, you can assume a liability to exchange the share for a more liquid asset.

The equitable distribution doctrine governs how all marital assets are divided during a divorce. This is the foundation of Michigan’s property division. The goal is for the court to decide what division of all assets the couple jointly owns. It will decide based on what is fair to both spouses and equitable in the eyes of the law. The court takes stock of what assets the marriage has accumulated. The court decides whether they should be categorized as separate (non-marital) or marital property.

 

What do you divide and distribute in property division?

Understanding Michigan’s laws on property division is crucial if you intend to file for divorce. In general, American states fall into one of two categories: “community property” states or “equitable distribution” states. Michigan falls under the latter category. It is crucial to learn more about what that entails for the distribution of marital assets and liabilities in the state as well as what you should anticipate.

Both assets and debts from the marriage will be divided when the court distributes marital property. Both assets and debts may be regarded as marital property.

The majority of assets obtained after the date of marriage are regarded as marital property. Assets acquired before the date of marriage are categorized as separate property. There are exceptions to this categorization so talk to your attorney about them.

Debts from extramarital affairs, gambling, and restitution in court cases are often not regarded as marital debt. Student loans obtained during a marriage used only for one spouse’s education are regarded as separate debts. However, if they were used to support the family, student debts may be regarded as marital debt. The person who receives a piece of property typically takes on the debt attached to it. The person who can afford to fulfill the obligation linked with the property may continue to own it.

There are properties expressly excluded from the marital estate through a legally binding prenuptial agreement. Those assets will not be divided upon divorce. Property acquired by one spouse during the marriage by inheritance or gift, a present that was not given by the other spouse, and was not acquired using marital assets will not be divided at divorce.

 

What are the challenges of dividing separate and marital properties?

Some types of property will be harder to value than other types of property, especially in divorces involving high net worth or business assets. To acquire an accurate value of a particular asset or a group of assets, it could be required to collaborate with an appraiser or to take extra measures.

Not all property may easily be categorized as separate or marital property. It might be challenging for the court to determine which portion of the property should be classed as separate and which as marital when separate and marital assets are combined in some way, a practice known as commingling.

The court must be aware of the property’s value. The court requires precise valuations. This is done to make sure that assets can be distributed fairly and equally. With some things, like a bank account, that is fairly easy. Seek advice from an expert, such as a business or real estate appraiser when it comes to real property.

Evaluating retirement accounts may be particularly challenging. More so if they are divided before their pay-out period. The court needs to determine the account’s current value. This requires the assistance of an actuary. Seek expertise but be prepared to pay more for their opinion and recommendations.

The judge overseeing your divorce cannot tell your creditors what to do with your debts. The judge has no jurisdiction over your creditors. You owe money to your creditors. The judge will assign each debt to either you or your spouse through the divorce judgment. Your creditors will still view debts in your name as joint debt.

Make sure you draw a list of any debt that is in both of your names. You can have the judge enforce the order to pay. This is in the event the individual ordered to pay the debt doesn’t. File a motion requesting the judge to order your spouse to pay you back. You need this motion in case you wind up paying a debt that was assigned to your spouse.

Not all resources or obligations are created equal. While some may be post-tax, others may be pre-tax. Others have rather static values, while some may fluctuate often. Just because something seems fair on the surface doesn’t imply it actually is.

 

How can you strategically divide assets in a divorce?

You can determine which assets are worth “fighting” for and which are not after you have a clear understanding of what a just division of the value of your marital assets looks like. Clarifying your priorities is crucial whether your divorce is expected to be amicable or whether a court will be asked to support your or your spouse’s claims. Few people leave a divorce situation with their ideal situation in hand. You can concentrate your efforts and improve your chances of obtaining the items that are most valuable to you by deciding which ones are.

Get your divorce over in the most effective manner possible. You’re not getting everything you want in the divorce. Accept that and embrace it. Have a broader perspective. Pay attention to what is most important.

[a] How your assets are divided up and who is responsible for paying off your obligations. Including how you’ll run the household.

[b] If either of you will pay alimony or spousal support, how much, for how long, and how will that work?

[c] Child support responsibilities and child custody agreements. An agenda for parenting. If you and your partner share custody of underage or dependent children, this is crucial.

If your family is typical, your marriage house may be your only significant asset. The ex-spouses may decide to sell the marital house after the divorce is finalized. It’s possible that one of the parties has moved. Knowledge of the house sale will be helpful in the divorce settlement procedure. You can stipulate that it needs to be listed and stay up for sale for at least 30 days following the divorce. Some people even go so far as to detail the precise offers that are welcome.

Ensure that you list all the parties’ retirement assets. Specify who will receive each item or how the assets will be divided. Verify how many retirement funds, such as 401(k)s and pensions, are divided. In your case, appreciate the importance of a qualified domestic relations order or QDRO. Include a sentence outlining who is in charge of paying the finished QDRO. If you split an IRA distribution, you may roll it over. You should specify a timeframe for when this should take place.

If you think the net present value of retirement assets is less after taxes, let go and take what you already have. Talk to your attorney about the valuation of these assets and what these assets truly mean to you.

There are various things you may take to protect yourself while going through a divorce. Understanding your rights is essential before anything else. What you have a right to. You can then decide on the terms of your divorce after having more information.

Realistic expectations are also critical. On how your divorce will proceed, be realistic. It’s unlikely that the divorce will go exactly as you hope. Concentrate your efforts on your main priorities. Be prepared to give up something else to accept the limitations of what you can have.

Talk to each other and find a solution to your most pressing issues before filing for divorce. If you can come to a consensus and overcome these issues, the court will see your divorce as uncontested.

Link the other components of your vision to these fundamentals. Much like your joy. Your mental tranquility or your own personal development.

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Ex Complains They Don’t Have Enough Parenting Time – Michigan Law

You and your co-parent get parenting time. In order to ensure that you both have parenting time, you collaborate with your co-parent. Your co-parent is called away for work and leaves you with the kids. You naturally collaborate knowing you may need to request a favor for a similar reason. Your ex complains they don’t have enough parenting time.

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Keep in mind that parenting time is designed so you may spend time with your kids frequently and regularly. According to your separate schedules, it contains a decent amount of time for each. Your demands for favors can be causing the parenting time schedules to be disturbed. Later on, you might not be in a position to gripe about your own lack of parenting time. Your co-parent owes you no make-up time. You are the one interfering with parenting time established by a court order.

 

What should your parenting time schedule look like?

Take into account the developmental stage your child is at. You may have several children. They are in various developmental phases. From infancy to high school, there are various developmental stages, as follows:

[ a ]  Infant babies (from birth to 12 months)

[ b ]  Toddlers (from 12 months to 3 years)

[ c ]  Young children (from 3 to 5 years)

[ d ]  Elementary school (from 5 to 10 years)

[ e ]  Middle school (from 10 to 14 years)

[ f ]  High school (from 14 to 18 years)

Understand the components of each of these stages. Doing that is comparable to taking a child development course. There are factors such as those related to development and emotion. You need to consider communication, and parenting time schedules. Take into account each of the phases or levels in the child’s development. Safety concerns are also considered.

Parents who need to develop a parenting time schedule can benefit from the Parenting Time Guidelines produced by the Friend of the Court Bureau. You can use the sample schedules in the Guideline as a place to start. In relation to parenting time, it also contains information regarding the developmental needs of kids at various ages. The Parenting Time Guideline includes a variety of topics. It covers long-distance parenting and parental visitation with inmates. The guideline also includes how to deal with domestic violence situations.

You will find as many parenting time schedules as there are counties dealing with divorce and child custody matters. That is if you are seeking a suggested parenting time schedule. Parenting time regulations are really published by each county separately. Parenting time rules have been published by the state of Michigan.

The State Court Administrative Office of Michigan’s Michigan Parenting Time Guideline, which was modified in March 2022, presented 14 examples of parenting time schedules to show how parenting time should be determined by the parents. It was published in February 2021. These serve as examples or guides. Each family’s parenting schedule could be as special as their child’s developmental requirements.

 

How can I change my parenting time?

Ask if your co-parent accepts the change. You don’t have to submit anything to the court if the other parent is on board with the change. Your present order provides for reasonable parenting time. Even if the other parent is on board, the judge must still approve any changes to your parenting time schedule if your court order specifies one. Until the judge signs a new order, a schedule-based order is in force.

Without filing a motion, both parents may request the judge’s approval of a proposed order if they both agree to alter a particular parenting time schedule. There won’t be a court hearing in that scenario unless the judge demands one.

Submit a Motion Regarding Parenting Time. Do this in your family case if the other parent does not consent to the modification you desire. For the judge to reassess parenting time, there must be a good reason or a change in the circumstances. Depending on the type of change you request, different things count as a proper cause or a change in circumstances. Ask for small modifications in parenting time. It is easier than major changes in custody.

 

What happens when I file a motion for changing my parenting time?

Use the form titled Objection to Ex Parte Order and Motion to Rescind or Modify if you want to modify a parenting time ex parte order. An ex parte order is a temporary order made without a hearing. After being served with the ex parte order, you have 14 days to file this form. You are the moving party if you file the motion. The Respondent is the other parent.

Pay the appropriate filing fee to the court for your motion. Ask the court to waive your fees if you receive public assistance or if you are financially unable to pay the fee. 

The court clerk schedules a hearing for you when you file your motion. You can find out the hearing date and time from the clerk. Include such information in the hearing notice that you include with your motion. The Respondent must then be served with the motion and hearing notice.

The other parent submits a rebuttal following the filing and service of your motion. If you get an answer, carefully read it. It should specify if the other parent supports or opposes each point made in your motion.

Depending on your county, meet with the Friend of the Court or FOC first or hold a hearing in front of a judge or referee. You need this if you and the other parent of your child dispute parenting time. You and the other party will each have an opportunity to present your case. Each of you will show why parenting time should be altered or left unchanged during the meeting or hearing. Bring any supporting documentation for your claims.

Meet with a representative of the FOC.  FOC advises the judge whether to modify parenting time. If you are required to go before a judge, the judge may make a decision regarding changing parenting time either during or after the hearing. The request could also be referred by the court to a referee, who would conduct a less formal hearing and draft a suggested order for the judge.

A judge or referee may send your motion to the FOC for an investigation and recommendation if you didn’t first meet with the FOC. The judge will decide whether to make a suggestion from a referee or the FOC worker into a final order in your case after conducting an investigation. Before that occurs, you will have a chance to object to the advice.

In an effort to resolve the conflict, the judge can also order you and the other parent to take part in an alternative dispute resolution (ADR) procedure. This could be mediation with a private mediator, another FOC meeting, or FOC mediation.

 

What if I or my spouse is in active military service?

If a child’s parent is serving in the military, changing custody or parenting time may be challenging. Finding and serving papers on a service member who is stationed abroad could be challenging. T here are federal and state laws that extend additional civil protections to service members.

If either parent requests a delay of the proceedings, the judge may do so if a parent is serving a military assignment at the time the application to modify custody or parenting time is submitted.

In most cases, a judge cannot alter custody or parenting time from what it was at the time of the parent’s deployment. The only exception is if the judge determines that there is strong proof that changing custody or parenting time is in the child’s best interests. A provisional order may be made in this situation by the judge.

The deployed parent must notify the court within 30 days of the deployment’s completion if the judge issues an interim order. The parenting time order that was in place just before the deployment will then be reinstated by the judge.

After the deployed parent returns, the other parent may submit a motion to modify custody or parenting time. When evaluating a child’s best interests, the judge is not permitted to take into account a parent’s deployment-related absence.

 

What if a parent is incarcerated?

Inform the court if the other parent of your child is being held in a Michigan prison. To verify the parent’s prison ID and location, get in touch with the Department of Corrections. Declare the following details in your motion:

[ a ]  The fact that the other parent is a prisoner

[ b ]  Prison identification for the other parent

[ c ]  Where is the other parent?

[ d ]  That Michigan Court Rule 2.004 mandates a phone hearing

If you are an incarcerated parent, get permission to take part in the hearing. Take part by phone, teleconference, or in person, as determined by the court.

Your co-parent is incarcerated. You are still required to let them know of the motion hearing. Fill out the certificate of mailing on the remaining copies of your motion. Mail the papers to the prison. Two copies should be filed with the court clerk’s office. One copy of the motion should be kept for your records.

It might be difficult to modify parenting time. Even more so if it will compromise custody. Get legal counsel. You might be eligible for free legal services if you have a modest income. Try hiring a lawyer for only a portion of your case rather than the entire thing. This is called limited scope representation. Go for it if you are unable to obtain free legal representation. Or, you cannot afford to pay expensive legal fees

 

How does a judge decide the appropriate parenting time?

You must have a sufficient cause or a change in circumstances for the judge to approve a change in parenting time. Demonstrate that the current order is no longer in your child’s best interests. It is the way to do it if all you are seeking is to amend, add, or remove a parenting time requirement. It may be more difficult to demonstrate a valid reason or scenario for any other change in parenting time.

Even routine changes in your child’s life may be sufficient to qualify as a change in circumstances. It can be if the requested change will have an impact on how frequently and how long parenting time occurs. It won’t change the custody arrangement, however.

The sought parenting time change must have a meaningful impact on the existing custody arrangement. You must demonstrate that the situation has changed in a way that goes beyond your child’s regular life changes. You must also offer proof that the modification has affected your child or is extremely likely to do so. A valid reason must connect to at least one of the 12 “best interests of the child” factors if modifying parenting time may affect custody. It must affect the child significantly or be likely to do so. A shift in circumstances is comparable to justification. A valid cause is something that occurred after the judge approved the previous custody order. It can qualify as a change in circumstances. Your present order will remain in effect if you are unable to demonstrate good cause or a change in circumstances.

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Overview of Support Arrears – Michigan Law

You don’t pay child support, you have arrearage. It may also refer to the possibility of forgetting to pay child support. Your situation may have changed, which will impact your child support payments. There may be a job loss. It can result in a decrease in pay. You must inform the court.

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You have the right to adjust child support as necessary if your situation changes. The court can assist you in lowering child support but not in catching up on arrears. Your arrears cannot be addressed retroactively by the court. However, the court has the authority to lower future child support obligations.

 

What happens if you accumulate child support arrears?

It’s risky to ignore your child support obligations. Whatever your reasons, don’t do it in Michigan. Playing cut-and-mouse with support arrears is a risky game both financially and legally. Arrears refers to past-due child support obligations. A child support payer may have an obligation to the state, a specific person, or both. There will be circumstances when the other parent of your child hasn’t made timely payments of the child support ordered by the court. You can be owed money. You or your child may be receiving public services or did so when child support was due. The other parent of your child will have a financial obligation to the State of Michigan.

The court will ask for justification as to why you shouldn’t be held in contempt. You may be prosecuted with a felony. Both of these scenarios are undesirable, and going to jail is a constant risk. Additional penalties can include license suspension or revocation, fines, putting the payor under the court’s friend’s monitoring, work-release guidelines, and work activity.

A recipient of support may initiate a civil contempt proceeding against a person ordered to pay child support. The Friend of the Court office may also start the same action.  After finding a payer in contempt of court in accordance with state law, the court may issue an order that does one or more of the following things: 

[ a ]  Take money out of your paycheck or other sources of income

[ b ]  Impose liens on your real estate or personal property

[ c ]  Claim your state and federal tax refunds

[ d ]  Suspend your driving, professional, and recreational (hunting/fishing) permits

[ e ]  Refusal of a passport application or revocation of passports

[ f ]  Start proceedings for contempt, which may result in fines, jail term, and other sanctions

 

Can you ask for forgiveness for support arrears?

You can request a discharge or forgiveness of your arrears in one of two methods. 

[ a ]  Submit a form requesting the Friend of the Court (FOC) to dismiss your debt for child support alone owed to the State of Michigan. 

[ b ]  Submit a motion requesting the court to set up a payment plan for your unpaid debts and a part of the debt forgiven. 

 

Ask for a discharge from the Friend of the Court

Fill out a Request to Discharge State-Owed Debt, Submit it to the Friend of the Court office in the county where your child support order is issued. Only use this if you owe money to the state and not a specific person. Think about it if

[a] You think you have a solid justification for the FOC to release you from your obligation. Or,

[b] You can prove that it would be very difficult for you to pay the loan.

If you are behind on child support in more than one county, you must send one completed form to each FOC office where you are pursuing a discharge of state-owing debt. The FOC will consider your request in determining whether to forgive any of the debt.

 

File a motion with your local circuit court

If you owe money to the state, a specific person, or both, file an application with the circuit court requesting the judge for a payment schedule and to discharge arrears. You must submit a motion in each of the family court cases where you have arrears in order to ask for a payment plan and debt clearance.

Ask the court to grant you permission to pay the arrears on a regular basis. Commit payments for a specified period of time. The judge should dismiss or forgive the outstanding arrears after.

You should be approaching the court already if you are not able to pay child support. Ask the court for an Arrears Payment Plan. Do not wait for the arrears to accumulate into a huge amount. If approved, the court will determine how much of the arrearage will be forgiven once the Arrears Payment Plan is complete. 

Before the judge may approve the payment plan, you must adhere to many conditions. Whether you have an unpaid debt to a person, the state, or both will determine the criteria.

If you owe your ex-spouse child support.

You may file a motion asking the judge to establish a repayment plan for the debt or a discharge of arrears. You can respond and be heard in court once your co-parent receives a copy of the motion. If both co-parents agree and the judge permits it, then you will be given the opportunity to make monthly payments of a specific sum toward the support obligation. If you follow the plan exactly and make all required payments, the judge will discharge (forgive) the remaining debt.

If your ex-spouse agrees to it, the judge will only grant the motion for a payment plan or discharge of arrears in this case. Don’t coerce your ex-spouse into consenting by intimidation, threats, or bullying the discharge of your support arrears. The judge cannot grant the motion if your ex-spouse doesn’t consent of their own free will.

If your ex-spouse concurs, the judge can only grant the motion on the following condition:

[ a ]  That you have not purposefully neglected to pay child support, which would explain the debt; and 

[ b ]  The payment schedule is ideal for you, your children, and your ex-spouse.

You can reply to the other parent’s move using the Response to Motion Regarding Payment Plan/Discharge of Arrears form. To correctly complete, file, and serve the form, adhere to the checklist and instructions provided with it. The guidelines also provide you with information about attending the hearing.

If you owe the state child support.

You can request a discharge of some or all of your arrears from the Friend of the Court if you owe money to the State of Michigan (FOC). The FOC may choose to pardon all or a portion of the debt. The FOC will take into account your strong justifications for the debt discharge as well as how challenging it would be for you to make payments on the debt.

File a motion with the circuit court to establish a repayment plan for a part of the debt and to discharge the remaining arrears. You will have the option to make monthly payments of a specific amount against the debt if the judge permits it. If you finish the payment plan, the judge will dismiss (forgive) the remaining debt.

Your co-parent is not required to respond to the request or motion once all arrears have been paid to the State of Michigan. The FOC or court will not take into account whether the co-parent approves of the payment plan or debt discharge because the money is not owed to them. This kind of action has no bearing on any additional child support payments you owe your co-parent.

If you owe both your ex-spouse and the state child support.

You have debts to the state as well as a specific individual. The judge evaluates each kind of arrear independently. The judge grants only a portion of your motion. You are eligible for a payment plan. You are for one kind of arrear.

An example of a court decision: 

You owe $6,000 to the state. You owe $9,000 to a person. You are only eligible for the arrears owed to the state. The judge approves a payment plan for the $6,000. The court gives you a payment schedule for the $9,000 but does not waive any part of the $9,000.

The court may include additional requirements that you must fulfill if the judge approves your payment plan. The potential conditions include:

[ a ]  Involvement in a parenting program

[ b ]  Counseling on drugs and alcohol

[ c ]  Attending anger-management classes or a batterer intervention program

[ d ]  Involvement in a labor program

[ c ]  Counseling

[ d ]  Upholding the terms of your existing support order

 

After the forgiveness and discharge, what now?

After the court has granted forgiveness and discharge, it will still expect you to comply with the terms of your existing child support order.

You must ask for a new hearing date and give adequate notice after the payment plan is finished. If the judge determines at the hearing that you followed the payment schedule, he or she will discharge your outstanding debt. If you completed the majority of the required payments but not all of them, the judge will decide whether to dismiss some or all of the outstanding arrears.

You are still obligated to make any additional child support payments (not debt) that are accruing in your legal case. Even if the judge gave you a payment plan and discharged some of your arrears. 

Submit a motion asking to alter the child support amount if the present amount is too high for you to pay. File as soon as you can if you plan to do this. A change in support cannot be implemented retroactively.

Your child support arrears are forgiven. The judge gave you a payment plan. The judge discharged some of your arrears. You are, however, still obligated to make child support payments (not debt) that are accruing in your legal case. 

What can you do with that accruing child support? 

Submit a motion asking to alter the child support amount if the present amount is too high for you to pay. File as soon as you can. Just as we mentioned previously, a change in support cannot be implemented retroactively.

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Overview of Same-Sex Divorce – Michigan Law

Same-sex marriage in Michigan became legal and same-sex divorce naturally followed suit. The divorce challenges in a traditional marriage are not similarly felt in same-sex marriages. The laws that regulated traditional marriage now also apply to same-sex marriage. 

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In a same-sex marriage, property division, and asset distribution are also important considerations. Debt division, child support, parenting time, and custody issues still affect same-sex spouses. The legal system has not undergone significant modifications as a result of same-sex marriage. The addition of new parties who are eligible for divorce is the only noteworthy aspect.

 

How are same-sex marriages in Michigan?

Same-sex couples have yearned of having their idea of love and marriage acknowledged by the law. The idea seemed to never arrive given Michigan’s protracted opposition to homosexual marriage.

Michigan banned same-sex marriage.

Michigan banned same-sex marriage on June 1995. The Michigan State Senate voted 31-2 for the ban. The Michigan House of Representatives voted 88-14 for the same. A bill was passed in the House outlawing the recognition of out-of-state same-sex marriages. It voted 74–28 also for the House bill in June 1995. This bill was likewise adopted by the Senate. Both bills were approved by governor John Engler. Michigan Proposal 04-2 was approved by voters in 2004. With 58.6% of the vote. Michigan Proposal 04-2 was a constitutional amendment. It outlawed same-sex marriage. The Michigan Supreme Court, later on, found the limitations imposed by the amendment. It prevented public employers in Michigan from providing domestic partnership benefits.

Same-sex couples challenged the ban.

After the state constitution changed, lawsuits arose. DeBoer v. Snyder. A lesbian couple sued for same-sex adoption. They filed on January 23, 2012, in the Eastern District of Michigan. The case challenged restrictions on same-sex adoption.

Another case is that in Caspar v. Snyder. Eight same-sex couples represented also filed a lawsuit with the help of the ACLU on July 25, 2014. The couples wished to have their marriages formed on March 21 and 22, 2014, recognized.

In Carrick v. Snyder, Detroit pastor Neil Patrick Carrick filed a case against the state. The argument is that the ban on same-sex marriage and polygamy violates Constitution. The case was dismissed in February 2016.

A district judge saw same-sex marriage as legal and made a ruling. The Court of Appeals disagreed. It suspended the ruling the following day.  The district judge’s ruling, however, handed down on March 21, 2014, resulted in 323 same-sex marriages. The Appeals court overturned the decision. It reinstated the prohibition on same-sex unions on November 6, 2014. The state, however, still acknowledged the weddings of March 22, 2014. No additional weddings, however, could be held.

The Supreme Court decides in favor of same-sex marriage 5-4.

Same-sex couples were naturally frustrated with their legal limitations. They were aware that they are bound by the law. This was until that historic day of June 26, 2015. The Supreme Court made a favorable decision.

Couples flocked to county clerk’s offices across Michigan after learning that same-sex unions were now allowed in the state to obtain marriage licenses and get hitched right away. To accommodate the rush of newlyweds, several county clerks organized mass weddings or kept their doors open later than usual.

Five tribes in the Ojibwe tribal reservations have legalized same-sex unions. The Tribal Council of the Little Traverse Bay Bands of Odawa Indians voted to allow same-sex unions in March 2013. The Little Traverse Bay Bands of Odawa Indians became the first Native American tribe in Michigan to do so. Tim LaCroix and Gene Barfield were married near Harbor Springs on March 15, 2013, the same day Tribal Chairman Dexter McNamara approved the legislation.

The next step is making the law consistent across the board. This job falls on the Michigan Law Revision Commission. The state statutes have the term “wife” used in 132 parts of Michigan law and the word “husband” is used in 149. The word “marriage” is covered in 199 state statutes. Each of those state statutes requires review according to the Michigan Law Revision Commission. It is assigned the job of evaluating statutes for out-of-date provisions. And then, recommend suitable amendments to the Legislature. 

The commission examines minor issues. Such examinations will look into the language used in forms and suggest changes. These changes could mean replacing gender-specific words. They intend to change words like “husband” and “wife” with the more inclusive term “spouse.” The Commission will also consider major issues in same-sex marriages such as divorce and child custody.

 

How are divorce and separation in a same-sex marriage?

If your marriage is now ending, your divorce will address matters like splitting assets and debt. The terms of your divorce will include addressing child support, parenting time, and custody.

Your relationship may be ending or you’re not married. You might be able to settle your separation issues through mediation. You may be one of those lucky enough to obtain a second-parent adoption in Michigan or another state. A second-parent adoption can help you in court with child support, parenting time, and custody.

Marital debts and assets are those that you and your spouse acquired while you were married. In general, assets and debt acquired during the marriage are taken into account. A lawyer might be able to help you persuade the judge to share specific property you acquired before the marriage if you and your spouse were long-term partners before you were legally allowed to get married. You can try to come to an agreement in mediation rather than letting the judge decide how to divide your assets.

 

Are child custody and parenting similar in same-sex marriage?

Establishing legal relationships with children in a same-sex marriage is simple now. Legal parents have full involvement in children’s lives. They get to make decisions about education, health, and other matters for their children. When you die, your child can inherit from the estate. Parentage can occasionally provide a legal issue in a divorce with children. There is a risk your parental rights will not be upheld. You might not be able to have custody of your children or have parenting time.

Same-sex couples and children.

Same-sex couples can get sperm donors to help them conceive. The child should be born during the marriage so they will be recognized as parents under the law. As non-biological parents, their parental rights will be protected if they make an extra effort in a stepparent adoption. Stepparent adoption is referred to under state laws as a confirmatory adoption. This proves that the adoptive parents have been granted full parental rights by virtue of their marriage. Confirmatory adoption is a formalization of parental rights.

The non-biological mother is nonetheless a legitimate parent even if she did not obtain a stepparent adoption. The original mother, however, can assert that she always meant to be the child’s only legal parent. If you are the non-biological mother in this case, you might be able to use specific legal theories to prove that you are the parent to the judge. The equitable parent doctrine is one illustration.

Another issue can arise for a married couple who chooses to employ a known sperm donor rather than an anonymous one through a sperm bank. Attempts to establish paternity, custody, and parenting time rights could be initiated by a known donor. If there is a donor contract, the legal parents might require assistance in enforcing it.

Children conceived before the marriage of same-sex couples using a sperm donor.

A female married couple can use a sperm donor to conceive a child before marriage. They could establish a non-biological mother’s parental rights through second-parent adoption. Or perhaps they obtained a stepparent adoption after their marriage to establish her rights. Parental rights are protected in both scenarios.

The child’s non-biological mother does not have parental rights if there was no adoption by a second parent or stepparent. You might be able to resolve the issue of custody and parenting time through mediation if you are going through a divorce.

 Children of same-sex couples born to surrogate mothers.

The non-biological parent(s) may have finalized adoption to become a legal parent if a couple utilized a surrogate to conceive a child while they were still dating. A non-biological father’s parental rights are protected by adoption. The surrogate’s parental rights need to have been relinquished before the adoption. The surrogate’s spouse’s parental rights ought to have been terminated as well if they were married.

Adoption of Child Biological Unrelated to Couple

The issue of paternity won’t come up between same-sex couples if you adopted a child while you were still married. You should have completed a single-parent adoption. You will have to perform a stepparent adoption after marriage to establish parental rights. Without stepparent adoption, you do not possess parental rights. If you are in the middle of a divorce you should use mediation to try and iron out custody and parenting time arrangement.

We can cherish the rights and recognition that same-sex couples have received. A gift from the wisdom of a higher court. We should not forget that this is not yet a constitutional amendment. Another court from another generation may interpret future cases on same-sex marriage differently. For now, talk to an attorney to make you understand the nuances of same-sex marriage and divorce. Be aware and be educated.

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Overview of Paternity – Michigan Law

Who gets to spend time with the kids is at the center of custody and parenting time disputes. Moms are the biological parents of newborns, involvement on their part is only normal. Being a father is not something that comes automatically.

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A father cannot take part in parenting until paternity has been established. He still needs to prove that he has the legal right to be acknowledged as the child’s father. To establish paternity, or what is known as a DP case, a father must file a petition. A father has a role in custody decisions, parenting time, and child support. It becomes important only if paternity has been established.

 

What is the impact of fathers on children’s lives?

Research from Michigan State University showed that fathers influence their children’s development. The areas of child development include language and cognitive growth in infancy. These areas of development carry through social skills in fifth grade.

The study supports the premise that early childhood programs like Head Start should focus on the entire family. It includes the mother and father equally. The study offers some of the most solid evidence to date of the importance of dads to children’s outcomes. Two academic journals, Infant and Child Development, and Early Childhood Research Quarterly, both publish the findings online.

The researchers looked into how stress and mental health issues of parents. It looked into how parental issues like depression affect parents and their children. The researchers used information from 730 families who took part in a survey of Early Head Start programs. The survey was done at 17 locations around the country. Childhood development is impacted by parental stress and mental health difficulties. It is also affected by how parents interact with their children.

Even when the mothers’ contributions were taken into consideration, the study indicated that fathers’ stress can affect children. Fathers’ parenting-related stress negatively impacted their children’s cognitive and language development. The effect of the father’s stress was noticeable in children ages 2 and 3. Fathers’ parenting-related stress had a greater impact on boys’ language than on girls’ language, and this effect varied by gender.

Toddler behavior issues were influenced by both parents’ mental health and that of the fathers. The father’s mental health is a factor in the disparities in children’s social abilities. These social abilities are self-control and collaboration by the time they reached fifth grade.  Fathers’ feelings of sadness apparently also have an effect on the toddler years. Our fathers’ feelings had a greater impact on children’s later social abilities than did mothers’ symptoms.

When fathers are actively involved, kids gain greatly in a variety of ways. Children’s advantages serve as the foundation for success. It starts at birth and continues into maturity. The Minnesota Fathers and Families Network’s research indicates some of these advantages include:

Social skills :

  • Enhanced empathy
  • Lesser gender stereotyping
  • Increased self-esteem
  • Enhanced self-control and less impulsivity

Problem-solving:

  • Less hesitation and anxiety in unfamiliar circumstances
  • Increased inquisitiveness
  • Increase their exploration of surroundings
  • Greater tolerance for tension and annoyance

Cognitive benefits:

  • Increased math skill
  • Higher levels of early reading and general verbal ability
  • Improved completion rates and earnings

The Early Childhood Research quarterly published the results and conclusions of the study. Although these studies form a small but growing knowledge about the impact of fathers on the child’s social development, it suggests the impact of our father’s trait and our relationship with fathers. This is compared to the impact of the father’s mere presence in the child’s life or presence in the home.

 

What are the rights of fathers?

The Revocation of Paternity Act (Public Act 159 of 2012) acknowledges the biological father’s legal standing. It refers to the father establishing his paternity in the case of a child born during a marriage. Paternity can be established only when done within a year after the order of filiation’s date. You have to establish paternity within the first three years of the child. A provision in the Revocation of Paternity Act or RPA states an action may be brought as long as it is done within a year of the law’s passage. The latest date that can be used is June 12, 2013.

An alleged father may ask for an order of filiation. He can do so under the provisions of RPA to establish his paternity. Section 7 of the RPA provides that the father must provide strong, persuasive proof to establish paternity.

Married people are excused from having to establish paternity in court. The biological father is not legally recognized as a parent until he takes the necessary procedures to do so. Even more so if the child is the product of unmarried parents.

The RPA of Michigan is unique in one way. The RPA provides that if you are married to the woman who gave birth to the child then you are the child’s legal father. And when a couple is married at the time of childbirth, according to the RPA, only the father or mother may dispute paternity. The biological father is not entitled to do so under RPA.

An “Acknowledgement of Parentage” is proof to establish the paternity of the biological father. It must be signed by the mother. You need this document if the parents are not married. A man cannot be recognized as the child’s father legally without this document. This agreement is enforceable under the law. The document informs everyone that the man is the child’s biological father. It declares that this is what the mother and father both agreed upon.

 

How do we establish paternity?

The legal recognition of a man as the child’s father is known as paternity establishment. When you are married to the mother when your child is born,  you are considered the legal father. If you are married to the mother and she became pregnant, you are by definition under the law, the legal father. Here you can refer to the legal father of the child as the mother’s husband.

There are three ways for unmarried parents to prove paternity:

[ a ] On one’s own initiative by signing an Affidavit of Parentage form. This suggests that they are fine with the child’s father being identified; or

[ b ] The court may be asked to assist in proving paternity by either parent or a prosecuting attorney. The biological father might fail to get a signed Acknowledgement of Parentage from the mother. In this case, the biological father will have to file a Notice of Intent to Claim Paternity. The child is protected from potential adoption by the paternity notice. It can be essential to submit this before the birth of the child. A court hearing and DNA paternity testing are typically required for this. DNA testing is also known as and used interchangeably with genetic testing.

Before bringing a paternity lawsuit before the Circuit Court, a father can decide to wait until the child is born. After the father files the paternity case, a court order may be issued. The court will order a DNA test and issue a summons to the mother, father, and minor child so they can attend the test.

[ c ] Adoption is another way to establish paternity.

A woman you have a relationship with is pregnant or with a child. You might feel inadequate. You could think that the mother of the child you have with someone else has complete control over your rights. Possible worries include not being able to visit or live with your child. The good news is that Michigan law recognizes your parental rights. The laws provide you the legal right to be acknowledged as the child’s father. You can ask or request custody or visitation rights under the law. You still have a say in how your child is to be raised.

 

How can fathers lose their parental rights?

There are two ways to lose your parental rights in Michigan, either voluntary or involuntary. You will most likely lose your parental rights involuntarily. Most parents will not willingly give up their parental rights.

Anyone can take action to end a father’s parental rights, breaking any relationship the father may have with the child. Decision-making authority over the child will no longer belong to the father. The child will no longer be allowed to visit or be informed of judicial proceedings.

Michigan allows for the voluntary or involuntary revocation of parental rights. When a father’s rights are removed without justification, it is known as involuntary termination. A father’s parental rights are terminated voluntarily when he decides to do so. Parental or guardian intervention may start an involuntary termination. Or it can even come from a government agency or representative.

Voluntary termination of parental rights.

When considering ending parental rights, you must determine the applicable jurisdiction. Juvenile courts have the ability to conduct termination proceedings. The county where the child resides is where the petition from the parents must be filed.

Fill out a form requesting the termination of parental rights. If the termination of rights is voluntary, the petition does not have to be drafted in legalese. Instead, it must be signed and express your desire to have your rights revoked. Give information on the child’s name, age, and current address. Give a justification for your desire to revoke your parental rights.

A copy of your petition should be provided to the court clerk. Pay the appropriate filing fee.

Serve the opposing parent with the required paperwork. Copies should be sent to the child and any assigned guardian. The clerk will then decide on a hearing date. If so, you may file the petition with the state agency that is currently in charge of the child.

Attend the hearing. You can be questioned by the judge about the reason for the termination of parental rights. Afterward, it will be decided if it is in the child’s best interests. The judge will issue an order terminating parental rights if the request is granted. Then your child could be adopted by someone else.

Involuntary termination of parental rights.

Gathering evidence is the first stage towards the involuntary termination of parental rights. assemble evidence to back up the father’s parental rights being terminated. There are a few justifications for involuntary termination, according to Michigan law. Prolonged separation from the child and ongoing abuse or neglect are two examples of causes. Or, the child hasn’t had financial support from either parent in more than two years. You will need written claims, clear evidence, and medical documents.

Prepare a petition requesting the revocation of parental authority. Making a legal pleading could be difficult for a layperson. For this, you can make use of an online document supplier. You can fill out blank petition forms that certain counties give. Ask the county clerk in the county where you are filing if such a form is available.

In the petition, list each of the grounds for dismissal. Include the name of the adopted parents if there are any. Include the child’s name, your current address, and where you last saw the father.

A copy of your petition should be provided to the juvenile court clerk. The petition for the termination of parental rights should be filed in or sent to the county where the child was born.

Serve the father a copy of the petition for termination of parental rights. The father should be given a chance to prevent the termination of his rights if he so chooses.

It is best to schedule a hearing first.

Participate in the hearing and present supporting evidence. You can offer documented proof that the father hasn’t spoken to the child. Prove his carelessness or abuse. Invite witnesses to the trial to discuss the father’s parenting failures. The hearing should be attended by any prospective adoptive parents. The adoptive parent can testify as a witness regarding their desire to adopt. The issue of whether to terminate parental rights is debated in court. The judge will weigh the evidence. then come to that conclusion. The court will issue an order ending the father’s parental rights.

Parental rights in Michigan cannot be reinstated once they have been terminated.

The modern father is battling with changing ideas of what it means to be a man. The “ideal father” of today is kinder and more child-focused, and we are realizing how important fathers are to a happy childhood. This concept is in conflict with Americans’ desire for material achievement, which is ironic. 

Except for Japan, people of other industrialized countries work fewer hours than Americans do. The ability of moms and fathers to spend meaningful time with their children is being hampered as a result. Consumption has surpassed all other forms of recreation in America, which negatively affects the child by requiring both parents to put in longer hours to uphold a distinctively American way of life.

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Overview of Military Divorce – Michigan Law

There are some similarities and differences between Michigan’s military and civilian divorce. Similar because we still have to deal with the same problems as a civilian divorce. Issues like child support, property division, parenting time, and custody are common issues. Issues have to be dealt with in both military and civilian divorce.

Click here to watch the video on Overview of Military Divorce – Michigan Law

Unlike civilian divorce, the court must deal with one or both parents who may not be on US territory. Custody issues will present challenges for the court. The needs of the parties must be balanced by the court. The court must look after men and women serving in the military while safeguarding the child’s best interests.

What are the divorce rates in military service?

Military couples divorce more frequently than civilian couples, according to research. The Public Use Microdata Sample and MarketWatch of the Census Bureau have divorce data on team leaders. Supervisors of first-line enlisted troops had a divorce rate of 30%.

The United States military was in three of the top ten careers with divorce rates. Individuals working in tactical operations or air weapons had significantly higher divorce rates.

In the United States military, the average age of service personnel getting divorced is 30 years old. Of those ages, 41% of service personnel went through their first marriages.

According to Census Bureau research it is driven by many factors. Among these factors are lack of funds, mental health issues, and stress.

The Journal of Population Economics has its own data on spouses in hazardous jobs. They found that service members who were deployed far from home had higher divorce rates. A couple may not be able to communicate as easily as they did. It was unlike when they first met. Working in dangerous environments can cause stress or sadness.

Data from Military.com by the Pentagon also showed divorces among female troops. In 2019 divorce among women was more than three times higher than that among male troops. While military service officers in the U.S. has a divorce rate of 1.7%, non-commissioned service members’ divorce rate was at 3.5%.

Statistics show that enlisted soldiers under the age of 30 have higher divorce rates. Navy personnel had the lowest divorce rate, at 2.8 percent. In 2019, enlisted Marines and Air Force personnel had a 3.3% breakup rate.

 

Who has jurisdiction over a military divorce?

To determine jurisdiction for their marriage military service personnel must show residency.  This is their “intent to remain” within Michigan law. Members of the armed forces in another country should not lose their right to residency. They should keep subject matter jurisdiction in any county in Michigan. Or they keep the jurisdiction within the State of Michigan.

As part of disclosures, service members of the armed forces are required to declare their residence, according to the Department of Defense.

The intention to remain a Michigan citizen is enough. Enough to grant subject matter jurisdiction over a divorce in a Michigan court.

 

What differentiates your military divorce from a civilian one?

If you are in the military and getting a divorce, you ought to know about military divorce. Here are some of the things that make military divorce different from a civilian one:

Residency requirements.

One companion should either dwell in Michigan or be positioned in Michigan. You or your mate might be deployed out of Michigan. You must show your intention to keep your Michigan residency. You do this by showing the court that you have a Michigan driver’s permit or you vote in Michigan. Show you own property in Michigan, or you pay taxes in Michigan.

Filing for divorce.

A Michigan divorce case starts when one spouse files a divorce complaint in court. You serve the other spouse with a request and a duplicate of the divorce complaint. In the event that the other partner is on active military deployment, the serving of court documents might be challenging. Likewise, the military spouse has two choices. The active-duty spouse may: 

[ 1 ]  Sign a waiver recognizing the divorce instead of having a summons and complaint served, or 

[ 2 ]  Defer the divorce proceedings for a while for as long as 60 days past when the life partner is on active service.

Parenting time. 

Shared parenting time might be difficult. A military spouse is often deployed out of the state of Michigan or is on active deployment out of the country. The spouses should find a way to follow parenting time and assert child custody rights.

Child support and spousal support. 

The estimation of child and spousal support in the military includes housing allowances. It also covers pay enhancements, changes in the cost of living, and special pay.

Retirement benefits. 

An individual who serves in the military for something like 20 years is by and large qualified for military retirement pay. The national government will possibly partition military retired pay if the couple was married for no less than 10 of the 20 years. A Michigan court might require a military spouse to pay a piece of military retired pay to the next spouse. It may be granted regardless of whether they were married under 10 years.

 

How will custody work in a military divorce?

Before September 2015, a parent in the military can lose custody. A military parent in a custody dispute could lose custody of their child while on active duty for good. The deployment of the military parent was accepted as evidence. It was proof of their absence from the child’s life. It was upheld by the legal system. As a result, this made it possible for a parent who wasn’t in the military to keep the child forever. After serving their country for some time the military parent has to go through the ordeal again. A parent in the military would have to appear in court again to argue for custody. 

The state of Michigan recognized the difficulties faced by military parents. The legislature of Michigan enacted two additional amendments to the Child Custody Act.

The new law mandates that non-military parents are no longer allowed to file motions for change of custody. It will not be allowed while the military parent is deployed. The court cannot make a new order. They could not change an existing one on the child’s long-term custody. A court may issue a custody order that is only valid for that period of time.

Within thirty days of their return from deployment, military parents are required to notify the court. After that, the military parent will be granted custody of the child by the court. It will be in the same manner as before the deployment. In fact, custody will not change during either deployment.

The Michigan Guide for Military Family Law, published by the Michigan Department of Attorney General and the Thomas M. Cooley Law School Center for Ethics, Service, and Professionalism, states that Michigan is subject to the Servicemember Civil Relief Act. One parent requests a change in custody while the other is serving in the military. The deployed parent may get a stay from the court. This is a provision in the SCRA most helpful to a military parent on deployment.

A new court order issued during the parent’s deployment cannot alter the custody arrangement. Not the arrangement that was in place on the day the military called the parent to deploy.

The courts may grant interim custody. The parent who stays must show through clear and convincing evidence, that doing so is in the child’s best interests. The MCAA also suggests a complimenting provision. The custody order in place before the parent’s active service assignment must be reinstated by the courts. Both the MCAA and the SCRA aim to prevent military parents from being disadvantaged by their service to the United States.

The welfare of your child is important to the judicial system. More so if you are currently serving in the military. If you are often deployed out of state or abroad, it may be more challenging. The courts will do everything in their power to settle on a plan that strengthens your bond with the child.

Members of the military in a custody dispute might find it helpful to collaborate. You might need to with the other parent to create a Family Care Plan. Both parties need to be willing to let go of their egos. Concentrate on the child, and a healthy compromise is even possible.

Find or make the best and safe living arrangement for your child. Make these plans before you are away from home or on an active overseas assignment. Whether you get primary or joint custody, or “If you moved to a new deployment, what would happen to the child’s living arrangements?” The court will help you navigate the legal framework to come up with the best arrangements for the children.

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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.