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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.
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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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Overview of CPS – Michigan Law
Abuse and neglect cases are handled by Michigan’s Child Protective Services or CPS. Children will be protected by it. It’s a great idea, but it can have two sides like most legal matters. From the attorney’s perspective, the involvement of CPS frequently extends the legal process. The CPS attorney is going to be involved as well. The CPS adds a new set of proceedings.
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CPS involvement tends to prolong cases, lawyers dislike it. Clients don’t like it because it makes the case cost more. However, the involvement of CPS can be utilized in a case involving child abuse. When it comes to dealing with child abuse, CPS is excellent. The involvement of the CPS adds another layer to the case. This indicates that it presents new obstacles.
What is CPS? What does CPS do?
The mandate of CPS is to protect children from abuse and neglect. Abuse is when a child’s health or well-being is harmed or threatened. Harm to one’s emotions or body is not accidental. Let’s look into our understanding of “child neglect”:
When you should have been aware of the risk or put a child in your care at an unreasonable risk of harm. Putting them at risk when you could have kept the child safe. These are the kind of situations that CPS investigates. CPS investigates abuse and neglect. These are acts committed by adults who are responsible for the care of children. CPS is focused on acts committed by people such as parents or guardians. It is neglect when parents or guardians fail to provide adequate food, shelter, clothing, and appropriate medical care. The police will come and investigate if the case involves people who are not a caregiver but personalities like a teacher or religious persons. CPS in enforcing its mandates works with families, the police, the courts, and other organizations to serve the best interest of the child.
What is the impact of CPS involvement in your child custody case?
If CPS comes knocking at your door, somebody must have accused you of hurting a child. Worse is that someone is alleging you are committing violence against a minor child in your home.
In Michigan, the court will take into account more than just domestic violence. It is most often the case in deciding who should have custody of the child. This is true even if your children did not witness the violence and were not victims. Domestic violence is only one factor taken into consideration in a custody case. An abusive spouse may still get parenting time and even custody as an outcome of a custody case.
In Michigan, the law assumes a relationship with both parents is best for your child. The vast majority of children maintain contact with abusive parents. It happens even if parents are involved in abusive relationships. The other parent will typically continue to receive parenting time. It is a reality even if you are granted custody of your child. In arguing for custody parents have to prove their child’s mental, physical, or emotional health will be in danger if existing arrangements continue. Their well-being is at risk if the other parent is granted parenting time. The court may grant that visitation be denied or limited in extreme circumstances.
How can CPS help you if you are the victim?
A judge may grant “supervised visitation.” Parenting time between the abusive parent and the child is granted only in exceptional circumstances. It is all depending on the circumstances. There is a way to determine if the abuser is appropriate for the child. The judge may direct a social worker to observe the visitation. The court can use a third party, such as a friend or grandparent. These third parties could also be ordered by the judge. They will supervise the parenting time between the abusive parent and the child.
You may not be worried about your child’s safety knowing your ex-spouse is not going to harm the child. You might be worried about your safety. The judge may direct that exchanges take place at a police precinct. These choices typically only last a short time, except for a few cases. In the end, the other parent may be granted unsupervised custody of the child. Depending on the cost they can also choose a supervised exchange center. There could be one available in your community.
Your attorney can take the necessary legal steps to protect you and punish the abuser.
Acts of domestic violence are crimes that can lead to a criminal conviction. Abusers accused and found guilty can be sentenced to pay a fine. They can even spend some time in prison if the crime is severe enough. Your attorney can find the legal means to protect you. One of these is a motion to file for a personal protection order or PPO.
PPOs restrict the abuser’s interaction with the victim by directing the abuser to:
[ a ] Stop calling the victim or communicating with them in any way.
[ b ] Avoid threatening, assaulting, causing harm to the victim, or stalking them.
[ c ] Stop interfering with the victim’s shared custody and care of their children.
[ d ] Stay away from the victim’s home, work, school, and person.
Even if you do not have a case against the abuser pending, you can still file a petition for a PPO in a family court or circuit court.
Suppose you are a parent with a child whom CPS recently removed from your home. Now CPS has gone to court for an order that allows them to keep your child. An arrangement called taking conservatorship rights to your child on an indefinite basis. Knowing a CPS investigation could affect your child’s well-being induces a feeling of helplessness. Being a parent named in court documents makes you even more powerless. Furthermore, the CPS investigation is not even focused on you. In this case, you are known as a “non-offending parent.” You could be named in the petition for the only reason you are one of the child’s parents.
You might find yourself on a different side of abuse. You need to get involved in the case. You may currently be a parent with parenting time with your child. All the more reason to be involved in the CPS case. Your child may need a place to stay during the duration of the CPS case.
Being around or near the scene of the abuse can pose a risk of you being blamed for neglecting or abusing the child yourself. You can say you are not a part of it but still, you were not able to stop or prevent the abuse or neglect from happening. CPS will try to take away your parental rights. It is an ever-present risk as a parent involved in a CPS case. Your parental rights can be terminated. If CPS still has not called or established contact, it is best you take the initiative to be involved in the case. This will give you a chance to have to participate and have a say in the process.
How will you deal with CPS?
CPS agents who respond to a complaint will take action within 24 hours. The thing with CPS once they initiate an investigation is they assume you are guilty. They frequently receive anonymous tips. CPS agents are obligated to investigate each lead as though it were genuine. As a result, you should also consider the accusation to be serious.
In the context of the CPS investigation process, you must be aware of your rights.
[ 1 ] You are entitled to know the charges against you in as much detail.
You can request written records and investigative reports. You may not have the legal right to know who has been making accusations against you. But, you do have the right to know about the charges. CPS agents frequently attempt to conceal information. They instead offer broad categories like “abuse” or “neglect.” They must provide specific information if you ask for it. This information will be used by your lawyer to build a strong defense.
[ 2 ] You are entitled to decline to answer questions posed by CPS.
You are protected from self-incrimination under this right in all situations. This is not just those involving criminal charges. Your compliance does not mean however that you won’t face problems in the future. Especially if you completely refuse to respond to the CPS investigator’s inquiries. Respond to the investigator’s inquiries with your questions. Asking about what the inquiry and the case are about can be the most effective strategy.
[ 3 ] You have the right not to give CPS access to your home except if they have a warrant or court request signed by a judge.
You might be lied to by CPS representatives. They could profess to be coming to gather your children, and they could try and be joined by a cop. Try not to give them access, but, on the off chance that they can’t furnish you with a court request.
Regardless of what the CPS worker says, you are assured of rights under the Fourth Amendment. You have surrendered your established freedom if you let CPS inside your home.
You can request they keep your kids near you. Request they leave your home but don’t intercede. Remember they could in any case enter despite your protest. Try not to take part in a physical tussle in this circumstance or you will wind up in prison. You can use this material in court. Assuming you verbally express the word about your protesting.
[ 4 ] You are entitled to the recording of everything.
In Michigan, any conversation you are a part of can be secretly recorded. You can record on video without a problem. A recording of your interview with the CPS agent will be useful to your attorney. Anything you say that is misinterpreted can be refuted in court.
A court order requiring a CPS representative to speak with your child alone is an example. Ensure that the conversation is recorded. so that you and your attorney can review it in the future. The documentation may protect you. Your family can be protected from overly sensitive CPS personnel. CPS agents can be overzealous and may attempt to sway your child’s words.
[ 5 ] You are entitled to keep legal counsel to represent you in court.
Because every situation is unique, you should hire an attorney to help you tell your side of the story. Try to get your family back together. Your attorney will keep your conversations private. It is a result of attorney-client privileges.
You won’t be given a lawyer appointed by the court as soon as a CPS investigation begins. If you cannot afford an attorney, you may still be eligible for one. You should whenever a Michigan petition is filed against you or your children. You must also be aware that some of these reports come from reporters mandated by the state.
When a case of child abuse is found, mandated reporters must follow certain steps. Examples of mandated reporters are pediatricians or doctors. These are not professional standards, but rather state statutes’ mandates.
Before you agree to have your child examined for signs of abuse, think first. You should seriously consider the situation you are putting yourself into. Mandatory reporters are medical professionals or doctors whom you consult. Your case might end up being reported to CPS.
Mandatory reporters are people who are required to report to Centralized Intake, CPS at the DHHS. They have to file these reports when there is “reasonable cause to suspect” child abuse or neglect. They must have a suspicion it has occurred or is occurring. There is a comprehensive list of these people in Michigan. Mandatory reporters are required by law to provide specific information.
There are consequences in Michigan for not reporting child abuse and neglect. This also includes making false allegations. The consequences can be unpleasant. A mandated reporter who willfully misses the deadline for reporting is guilty of a misdemeanor. The mandated reporter could face penalties. Penalties could mean a fine not to exceed $500; a prison sentence of no more than 93 days; or either.
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Overview of Child Support – Michigan Law
The law places a lot of importance on child support. It addresses how to make child custody easier. There is only one person in charge. It indicates that the majority of child support is handled by the other party. That child support is being paid by the other party. A few things determine child support. Child support sums are driven by the number of children. What are the parents’ earnings? How many nights will each parent spend? In essence, these determine how child support is calculated. Here’s an overview of child support under Michigan law.
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The minimal amount of child support is determined using the Michigan Child Support Formula, or MCSF. The formula generates a number that specifies the amount of child support to be paid. The formula may be modified at the discretion of the court. To provide more details, the parties must speak up. The court will be able to make adjustments to the formula because of this.
What is child support?
Child support is a court order. Child support is mandated to defray the cost of essential daily expenses of children.
Before the divorce, both parents were paying for the children’s upbringing. We assume differently after divorce. We see both parents leading separate lifestyles. Depending on who obtains custody of the children, the costs may be different. It may significantly be greater. It differs because following a divorce, spending habits will shift. The cost is higher. There are now two households to worry about, at least for the non-custodial spouse.
You might be worried about keeping up with your child support obligations. It will be so if the court grants joint custody. Child support payments are based on many variables. This includes your income and how much time each parent spends with the children. It is how much it will cost to raise the children.
Child support in the state of Michigan is a joint program delivered by the following:
[ a ] Office of Child Support,
[ b ] the Prosecuting Attorney’s Office, and
[ c ] the Friend of the Court office.
The goal of the child support program is to increase child support collections. This will assist families in achieving or maintaining self-sufficiency. The Michigan child support program works with parents to uphold child support orders. The program enables a child to receive cash support. It also provides medical support and helps with childcare costs.
To get a support order, a parent or the Office of Child Support may apply to the court. Most often the application goes through the Prosecuting Attorney. The amount of child support is supposed to cover the cost of medical and child care. The child who is the recipient of the child support must be living with the custodial parent.
In Michigan, child support program uses the guidelines established by the Supreme Court. The total net monthly income of both parents is used to set child support guidelines. The judge assesses child support orders to make sure that the requirements are met. It ensures proper amount is appropriated. In some cases, the court may decide not to use the income guidelines. It has discretion in determining the amount of child support. It is so if the formula does not yield the amount enough for the child.
How is child support calculated?
The Michigan child support formula should only be used as a general guideline. If the Court decides that departing from it would be in the child’s best interests, it may do so. The payee or the child receives public assistance from the state of Michigan. The state may receive child support payments instead of the payee.
The Michigan Child Support Formula Manual is issued by the Friend of the Court Bureau. It is part of the State Court Administrative Office in Lansing, Michigan. The Manual provides details on how to use the Michigan Child Support Formula or MCSF. The manual’s most recent edition was released in 2021.
There are five components in the Michigan Child Support Formula for 2021. The first section of the manual provides background information on child support. It outlines the statewide child support standards in the state of Michigan. Section 2 contains guidelines for calculating income. Section 3 details how to determine each parent’s obligation to pay child support. Section 4 more elements that go into child support calculations. The supplemental section of information about MCSF is Section 5.
The Michigan child support formula is built on the Income Shares Model. First, the sum is calculated as a percentage of both parents’ combined income. The amount of child support is currently determined by the court using the software. They are currently utilizing the Children’s Economic Tool (CET) of the Michigan State Disbursement Unit. Like in the majority of states, Michigan uses software to determine child support.
The CET will use this information to determine how much each parent will be paying in child support.
In the MCSF, the phrase “net income” has a different meaning. It refers to all income less any deductions and adjustments allowed by the manual. Parental “net income” is separate from take-home pay. It is what’s utilized to calculate support. Additionally, it is not what is referred to as net taxable income. It is another phrase for income used for another purpose.
How much money a parent should have available for support is calculated using net income. Child support digs into all pertinent aspects of a parent’s financial situation. It is all subject for discussion. A possible revenue assessment will be made by the courts. Income includes both actual money and potential income that a parent might produce. It depends on the parent’s actual capacity. It includes inquiring if they are purposefully unemployed or underemployed. They would find out if you have the capacity but haven’t used it. It’s important to distinguish between imprisonment and choosing not to work.
What does child support cover?
Included in child support duties or costs are the following:
[ a ] A base support obligation for child care that has been modified.
[ b ] Medical support obligations. It covers both standard and extraordinary medical costs. It also covers health insurance and premium sharing.
[ c ] Child care expense obligations.
Base support obligation.
The base support amount considers two factors. the number of nights spent with children and the parent’s combined income. Base support equalizes payments for children of the same parents. It is ordered whether in a single case or many instances. Base support is calculated using the total number of children in common.
The basic support and parental time offset are computed. It is calculated as the per-child share. A share of what would otherwise be payable if all the children-in-common were included. It applies when fewer than all the children-in-common are included.
Some of the children in common are under the care of a nonparent-custodian. The base support for the children living with that person should be calculated separately. It should be distinct from the base support for the children in a parent’s custody.
Medical support obligations.
The term “medical” refers to treatments, equipment, and medications. It also covers preventative care and other services. It includes goods associated with oral, visual, psychological, and other related care. These are services provided to or suggested for children by healthcare professionals.
Healthcare coverage and premium cost-sharing are included in medical support. It also covers ongoing and extra medical expenses. Common medical expenses include co-pays and deductibles for uninsured medical bills. Parental care fees are not included in standard medical expenses. These costs are for over-the-counter medicines and first aid supplies.
The average annual medical expense for one child is $454 at the moment. There are uninsured costs over the annual cap on usual medical expenses. These are called additional medical expenses. These extra charges are referred to as uninsured health care costs in the UCSO. Each parent is required to pay a percentage of the additional medical expenses. It will be based on their respective income.
Health insurance for the child must be provided by one parent. A court ruling could specify this. Coverage could be personal insurance provided as a benefit of employment. Or acquired in another manner from the parent’s spouse. Or maybe from another member of their household. Public insurance programs like Medicaid or MIChild could also occasionally be involved. The court will choose the parent who should give care. Which parent to choose may be determined by using MCSF Manual components.
Child care expense obligations.
Child care expense obligations are the actual amount parents have spent. It is a budget for daily child care expenses. It could show that their child care costs are real, foreseeable, and reasonable. an amount set aside to pay for the kids’ actual daycare expenses. The amount is calculated using the percentage of the household income. An income that each parent contributes. A parent or nonparent-custodian may find employment. Or the parent can continue in their current position with the help of this sum. To improve job prospects, it can also be utilized to join a course of study.
Obligations for child support are computed based on assumptions. It assumes net expenses will continue. The current child support order is calculated using these net expenses. Parents and custodians must communicate any changes in expenses to one another. Parents are required to notify the Friends of the Court if they stop covering a child’s care costs.
The MCSF determines an amount that serves as the minimal amount of child support, so bear that in mind. It does not guarantee to pay for all costs associated with raising a child. The calculations are typically not usable “as-is.”
A parent has the option of working, going to school, or looking for work. Child care expense obligations offer help in covering child care costs for children up to age 12. Based on the parent’s income, the judge will properly split these expenses.
There may be other matters relating to child support. It may be covered under the parents’ parenting plan. They could decide how to pay for travel, for instance. They can talk about how to pay for extras like field excursions. They can also pay for other extras for specialized activities. Some parents in Michigan divide the cost of their children’s college education.
How is child support modified?
A custody or parenting time conflict may be an issue in family court. A child support order is still pending for you. By submitting a Motion Regarding Support, you can request that the judge determine child support.
A Motion Regarding Support may be filed by either party. If there is an existing child support order in the case at hand, the move will ask the judge to amend it. The person asking for a change in child support is the parent who is relocating. The moving party must explain their decision to the judge.
In the absence of a pending family court case, there are ways to get a child support order. An alternative is to use the Office of Child Support’s website. Apply for child support services (OCS). Once you’ve completed your application, the OCS will start working on your child support case. The OCS will forward your information to the district attorney’s (DA) office. The PA will arrange DNA testing in situations where the father’s legal paternity has not been established. The PA will also ask the judge to set up a child support order and, if necessary, establish paternity.
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Where to Start When Filing for Divorce – Michigan Law
If you’re thinking of getting a divorce, people will ask where to start when filing for a divorce. Attorneys are not the place to start if you’re still debating whether to pursue a divorce or not. That choice shouldn’t be made with the involvement of attorneys. You ought to have already made up your mind before entering a lawyer’s office.
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After deciding to file for divorce, the best place to start is by speaking with a lawyer. You must be prepared to discuss your marriage honestly before meeting your attorney. You must be ready to talk about information about assets, children, and income. The information that your attorney needs to take a stand on issues. Divorce issues like child custody, child support, alimony, and property distribution.
What do you need to do?
Start with you. Before you file for divorce, make sure you’ve tried everything to try to make things right. You might change your mind. But then, it may be challenging to withdraw your divorce petition. Especially if you have served your spouse already. The court has the authority to grant a divorce even if only one spouse desires to dissolve the union. Before requesting a divorce, see whether you still want to try marriage counseling. You may still have a chance to work it out.
The choice to file for divorce should have been decided firmly already. A done deal before meeting a lawyer. You’ve already decided to file for divorce if you’ve called a divorce attorney. Avoid making a divorce filing decision during your consultation with your lawyer. You alone, not your attorney, have the power to decide that. Divorce is a deeply personal choice that shouldn’t be made hastily. Your attorney is not equipped to tell you whether you should end your marriage. Or under what conditions you should make that decision.
What do I need to start with legally?
Start with your residency. In Michigan, there is a residency requirement according to state regulations. You must have spent at least 10 days residing in the county where you are filing for divorce before filing. The normal rule is that before filing for divorce, you must have resided in Michigan for at least six months.
The phrase “residency requirements” is talking about a minimum amount of time. It is the mandated minimum a person must spend living in a state before filing for divorce there. Having a residency in a state merely denotes that you have been present in the state for a specific time. You must be able to assert and prove that you or your spouse meet the residency requirement. If you’re unable to assert that your divorce case may be rejected or dismissed.
Some states only need you to meet residency requirements. Other states also require you to present documentation of your residence there. Domicile is a harder standard to meet. You have to convince the judge that you intend to stay after the divorce.
Courts typically define “domicile” as the location you believe to be your permanent residence. The location you always intend to return to. A location of choice whether on vacation or a protracted business trip.
We posted an article just on the topic of residency. Read our blog here to make you understand the point and legal construct behind the residency requirement in the state of Michigan.
What do you need to prepare?
After you have finally decided to move forward with the filing for divorce, time to prepare. How much information about your marriage can you put together? Now is the time to put together in writing what you know about your married life. All the things you acquired in marriage. Write about the asset you consider personal and separate. Write details about your family. Let’s go through that quickly and check what you need to prepare before meeting up with your attorney.
This will involve a lot of technical formalities. Without all the facts, your lawyer won’t be able to provide you with a definitive response. Your attorney should have a basic understanding of the possibilities accessible to you. You have to supply accurate information. Give honest and open responses to the common questions in the pre-engagement interview.
Be clear about the results you want from your divorce.
Consider your point carefully. Decide on your main and secondary divorce objectives. It can be of great use to your divorce lawyer. What is most important to you as your divorce process develops? The most important issue to resolve, in the opinion of some, is what to do with the marital home. Some individuals emphasize child custody. What you hope to accomplish will be relevant to your divorce lawyer. Your lawyer can provide you with an honest and realistic evaluation of your goals. Your likelihood of success for each. Possibly even assisting you in arranging the priority of your goals.
Put the specifics of your marriage in writing.
You can save a ton of time by outlining the details your lawyer will need. Include information such as your entire name, address, phone number, and birthdate. Include your own social security number with your email address. Give your children’s full names, birthdates, and SSNs. Include your spouse’s name, occupation, and yearly income. Find out if you or your spouse has children from a prior relationship. Include the dates of your wedding and when you or your spouse moved out of the marital home.
Recall any relevant details for the conversation.
Each divorce case is distinct. Ensure that everything is communicated to your attorney. One of these problems is how to divide up marital assets. Child support and custody are more concerns. You must also account for spousal support. The legal procedure for each of those matters will be described by your divorce lawyer. It includes what to expect in terms of timing and procedure. You should be well-versed in the possible outcomes by the time you leave the meeting. Your attorney would have walked you through the major divorce processes.
Divorce is a highly delicate legal issue. The entire family is affected. Many couples may be forced to consider employing legal counsel. For some for the very first time to defend their rights. You need a knowledgeable attorney with competence. You also want someone who understands your situation. Understand it with the appropriate degree of empathy. Prepare yourself for the first consultation. At your first meeting with your lawyer, find out a lot about him or her.
Bring relevant documents to the case.
Gather the required paperwork and bring it to your first meeting. Your attorney can speed up the divorce process with the aid of documents. The paperwork you need will depend on the many legal difficulties or conditions.
Alimony: The amount of support for the spouse is based on their respective incomes. The most recent tax returns, year-end W-2 documents, and pay stubs should be brought with you. Income is the total sum of money earned, not just from one main source.
Child Custody: Some factors will determine child custody. Keeping track of the work schedules of both you and your spouse could be handy. Specify what you want for holidays, birthdays, and any other important dates.
Child Support: If you have children, you should discuss how much it will cost to raise them. Compile your most recent pay stubs and your spouse’s pay stubs. Include the most recent tax returns as well as year-end W2 statements. Prepare a breakdown of the costs involved with the children’s extracurricular activities. Make a note of the children’s medical expenses and the cost of their childcare or education. Pay attention to your health insurance premiums.
Division of Marital Assets: Your attorney needs a list of assets. Your attorney needs to split marital property appropriately. Your attorney requires ownership details and values at the time of the marriage. If they acquired them, their valuations both now and at the time of acquisition. This applies to residential and commercial properties, including savings, bank accounts, stock brokerage accounts, vehicles, and personal goods. Most possessions obtained during a marriage are classified as marital property. The court will equitably divide these assets. Your divorce attorney may be able to get this information if you are unable to do so. Legal discovery throughout the divorce process can be used to get it.
Debts and Liabilities: Provide evidence of your own and your spouse’s debts and liabilities. This is besides the marital assets already mentioned above. This will cover credit card loans, mortgages, school loans, business loans, etc.
Copies of any court orders or agreements should be included. anything relating to the parties concerned. This refers to the prenuptial agreement and the custody arrangement. If one has been filed, the divorce complaint could be included.
Divorce procedures are exceedingly difficult. Those affected may experience strong emotions as a result. It is important to have a support system available during this time. You should bring a member of your immediate family with you. You can make use of this person to listen, inquire, and make notes.
How do you start the divorce process?
Start by choosing your attorney. Before you contact a divorce attorney, you should have made your mind up to file for divorce. Do not decide on whether to file for divorce during your first consultation. Your lawyer is unable to make that decision for you. Divorce requires a lot of personal sacrifice on your part. Your attorney should not be offering advice on how you should make decisions to file for a divorce.
The initial meeting with a divorce lawyer is very important. This is your opportunity to assess the lawyer’s expertise and knowledge. This is an opportunity for you to define your expectations for the divorce procedure. How often will you be in contact by phone and email? What will it cost? You will be talking about the basic approach that will be taken in your case.
We posted two articles about finding and getting to know your attorney. Read “How Do I Know I’m Hiring the Right Attorney for My Family Law Case in Michigan?” Go read the “5 Questions to Ask Your Family Law Attorney” next to give you a guide in preparing to interview your family law attorney.
Lawyers come in a variety of personality types. They use a variety of tactics. The first thing you should think about is what you envision for your family law case. You must find out whether your attorney shares your expectations for the outcome. You’ve chosen an attorney if you both agree on the desired outcome of the case.
It is ridiculous to expect your lawyer to magically appear with a solution. They don’t operate in that manner. Every circumstance is unique. Care must be given specifically to each circumstance. The court also has the same viewpoint. The court goes slowly, as is well known. To conclude, they deliberately take incremental steps. When selecting an attorney, be methodical. Your legal issues are not pre-packaged with ready-made answers.
It’s neither cheap nor easy to be a family lawyer. A two-year undergraduate degree is a requirement. It is set forth by the Michigan Board of Law Examiners. This translates to 60 semester hours or 90 quarter hours of study. You should do this before applying to law school. Candidates must hold a bachelor’s degree before getting into law school. The law school must be recognized by the American Bar Association (ABA). Students will need a great deal of litigation experience after completing the program. It is their chance to put their legal education into practice during the experience.
An excellent family lawyer will be understanding of your position and empathetic. Regardless of gender, you may count on your lawyer to fight tenaciously for you to fix your legal problem. The goal is to assist you in looking forward and moving on with your life. Make sure your lawyer understands your viewpoint first. Your perception. If not, let your attorney provide an alternative strategy for a solution you can live with.
You want someone with a solid reputation for legal knowledge. To win your case, you should be willing to collaborate with your attorney. Working cooperatively is necessary between you and your attorney. Cooperation helps in choosing how to approach the many contentious issues of divorce.
You can depend on your attorney to tell you how to communicate what has to be done. You can expect your attorney to speak for you in communications. Expect to be respected, and extend the same courtesy to your attorney. If you can’t maintain a professional relationship, expect your lawyer to leave.
Subscribe to our YouTube channel today for more advice on Family Law!
Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.