When we divorce, will my wife still receive her military retirement benefits? Retirement benefits are typically regarded as marital property. Even if it relates to a job in the private sector or the military, it is a marital asset and as such is subject to property division.

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During the divorce process, military families frequently have the same worries and objectives as civilian families. Even though things are unknown and stressful right now, you have decided that the time has come to end your marriage because you want to provide your family the greatest potential future. However, some components of the divorce procedure are distinct from those involving two civilians if one or both spouses are in the military. For example, the aspect of property division as it concerns retirement benefits are handled differently in a military divorce.

Military retirement benefit meets the definition of a marital asset if it arises during the marriage. The division will be decided by the court. The beneficiary is determined by the court. The same is true even in the case of a military marriage. It will be regarded as marital property and be divided according to law.

What Is the Truth About Military Divorce and Military Retirement Benefits in the Service Branches?

Every state has its own regulations regarding how military divorces affected pensions as of December 2016. The majority of states administer all pensions in the same way, providing the spouse a portion of the pension equal to the ratio of the years of marriage to the years of employment, divided by 2.

For instance, your spouse would receive 25% of your pension, or a total of 12.5%, if you worked for 20 years to earn your pension and were married for 5 of those years. Your spouse would get the entire 50% of your pay if you worked for 20 years, were married before you started, and got divorced the day before you retired. This approach or formula used to derive this division is referred to as the “Time Rule”.

However, the National Defense Authorization Act for Fiscal Year 2017 was passed by Congress in December 2017, adding a Federal provision that preempts all state laws and dictates how military pensions must be handled. It specifically amends the Uniformed Services Former Spouses’ Protection Act or USFSPA in that section. The new rule mandates that the pension be split equally between spouses as if the military officer had retired on the day of the court order.

In other words, just the benefits the military spouse has accrued at the time of divorce are divided, rather than the entire benefit earned upon retirement between the two spouses. After the divorce, any pension that the military spouse accrues is recognized as independent property. This is another approach to property division in a military divorce known as the “Frozen Benefit Rule” or “Snapshot Rule”.

In states where the Time Rule is the default and both spouses have pensions, this obviously produces a considerable discrepancy. The non-military spouse may suffer significant losses if the pension of the military spouse is divided in accordance with the Snapshot Rule while the pension of the non-military spouse is divided in accordance with the Time Rule.

Who Has Jurisdiction? Who Gets to Decide on Military Divorce?

A military person can maintain residency in his or her home state, where they lived before they were called to active duty, even though it may be allowed to file for divorce where they are now stationed.

For the purpose of filing for divorce in Michigan, a service member’s residency is established by maintaining a Michigan driver’s license, exercising their right to vote there, owning property there, paying taxes there, or in any other way demonstrating their intention to remain there. In general, intent establishes whether or not a person intends to continue living in Michigan.

Your case may be significantly impacted by your choice of residence. You may want to file for divorce in Michigan even though you may have been stationed in Virginia for the past year in order to avoid the protracted waiting time for a divorce that Virginia requires. 

Orders dividing retired pay as property must have been made by a state court that had jurisdiction over the member because:

• [ a ]  The member’s residence within the court’s territorial jurisdiction, other than due to a military duty;
• [ b ]  The member’s residence within the court’s territorial jurisdiction; or
• [ c ]  The member’s agreement to the court’s jurisdiction;
• [ d ]  By participating actively in the court case, the member expresses his or her agreement to the court’s jurisdiction.

Even if you reside in Michigan for the purposes of divorcing, it’s possible that Michigan does not have jurisdiction over the minor children to deal with matters of custody, parenting time, or child support. The Uniform Child Custody and Jurisdiction Enforcement Act  (UCCJEA) will be used to decide who has jurisdiction over minor children.

How Are Retirement Benefits Handled in a Divorce?

The “10/10 rule” stipulates that an individual can only receive payments directly from the Department of Finance and Accounting (DFAS) if they comply with the USFSPA’s standards. According to this criterion, the couple must have been together for at least 10 years, and the military member must have rendered 10 years of active duty during that time. The other spouse is not eligible for payments directly from DFAS if the pair has not been married for 10 years or if the serving spouse has not served for 10 years.

If it is stipulated in the divorce agreement, a person may still be eligible to receive a portion of their spouse’s military retirement salary. The USFSPA not only establishes the 10/10 rule but also permits each state to follow its own regulations and take into account military retirement benefits when dividing property. In Michigan, courts attempt to divide marital assets in an equitable way, therefore a 50/50 split is not always guaranteed. A person may get up to 50% of the total retirement payout if they are given a portion of their ex-military spouse’s benefits as part of the divorce settlement.

Two goals were achieved by the USFSPA, 10 U.S.C. 1408.

• [ a ]  It acknowledges that state courts have the authority to pay a spouse or ex-spouse from the military’s retirement pay (hereafter, the former spouse), and
• [ b ]  It offers a strategy for carrying out these directives via the Department of Defense.

A former spouse is not automatically entitled to a share of the member’s retired pay under the USFSPA. A percentage of a military retiree’s pay must have been assigned to a former spouse as property in the final court judgment. The USFSPA also offers a way to enforce child support that is currently due and/or that was previously owed (in arrears) and current alimony that was stipulated in the court order.

Final divorce, dissolution, annulment, and legal separation decrees as well as court-ordered property settlements related to such decrees are all court orders enforceable under the USFSPA. The relevant court ruling must specify how to provide retirement pay as property, alimony, or child support to a former spouse.

Prior to June 26, 1981, court orders that awarded a portion of military retired pay as property may be honored if the USFSPA’s standards are met. The USFSPA, however, prevents the enforcement of changes made after June 25, 1981, to court orders made before June 26, 1981, which were quiet about the split of retired pay as property. Additionally, the USFSPA does not execute court rulings that were granted before November 14, 1986 if any part of a member’s military retired pay is based on disability retired pay.

Benefits are provided under Section 1408(h) of the USFSPA to a former spouse of a member who, as a result of the abuse of a spouse or dependent child, loses the right to retired pay after becoming eligible for retirement owing to years of service. If the specific criteria of Section 1408(h) are met in addition to all other ordinary USFSPA requirements, a former spouse may enforce an order distributing retirement salary as property under this Section.

When a person enlists in the military, they are eligible for a number of perks, including access to numerous military sites, free or reduced healthcare, and generous retirement benefits after their time in the service is over. 

You should be aware of how those benefits are handled in the event you and your spouse cannot agree on how they should be divided if they turn out to be an asset of interest during a divorce. Talk to an attorney to find out how to approach this issue in a military divorce.

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A custody dispute if one or both parents are serving in the military. How does child custody work for active duty military parents?  In Michigan, child custody in a military divorce will have to take active duty deployment considerations into account. The military parent’s availability will be taken into consideration by the court when deciding on a child custody arrangement.

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The parent who is serving and striving to safeguard the country will not be punished by the court. Therefore, the child custody judgment will take into account the specifics of a military deployment and give the parent access to their child.

What’s the Truth About Our Enlisted Personnel in the Service Branches?

Of the total combined strength of 1.3 million active duty members of the service branch of the military, 36.1% are in the Army, 25.6% in the Navy, 24.7% in the Air Force, and 13.6% are in the Marine Corps. 

Of the total strength 82.4% are enlisted, 17.6% are officers. The average age of enlisted personnel is 27 years old. The average age of officers in the service branch is 34.4 years old. 82.8% of our active duty members are male and 17.2% are female.

The well-being of service personnel is of concern to the U.S. government because of the sheer size of its personnel in this division of the government alone. Family issues can affect the mental health of enlisted personnel. Divorce and custody issues can affect the members of the military service branch of government.

Our enlisted men and their officers are people. They get into relationships. They marry and they have children. They have families just like anyone. Just as there are marriages, there will be divorce and the consequent child custody that follows.

According to research, military couples divorce more frequently than civilian marriages. Supervisors of first-line enlisted troops had a 30% divorce rate, according to the Census Bureau’s Public Use Microdata Sample and MarketWatch.

Three of the top ten careers where a divorce took place were in the U.S. military. According to reports, divorce rates were much higher for people who worked with air weapons or in tactical operations.

According to research by the Census Bureau, the average age of divorce is 30, and 41% of divorces involved first marriages. Stress, problems with mental health, and a lack of funds all played a role.

Divorce rates were greater for service members who were deployed far from home, according to the Journal of Population Economics. Working in hazardous environments can cause stress or sadness, which can make it difficult for a couple to communicate as easily as they did when they first met.

In 2019, there were over three times as many divorces among female troops as among male ones, according to data released by the Pentagon to Military.com. Officer divorce rates were 1.7% compared to 3.5% for both male and female service personnel.

According to statistics, divorce rates are higher among enlisted soldiers under the age of 30. The lowest divorce rate, 2.8%, was among Navy personnel. 2019 saw a 3.3% marriage breakup rate among enlisted Marines and Air Force personnel.

What Is the Legal Context of Child Custody in the Service Branch?

Prior to September 2015, a military parent involved in custody disputes could permanently lose custody of his or her child while on active duty. The military parent’s deployment was admissible as proof of their absence from the child’s life and from judicial procedures. As a result, this made it possible for a non-military parent to get permanent custody of the child. A military parent would have to reappear in court to argue for custody after serving their country for a while.

The Michigan legislature introduced two additional laws to the Child Custody Act specifically to safeguard military parents after seeing the disadvantage faced by such parents.

Non-military parents are no longer permitted to file any motions for change of custody while the military parent is deployed, according to the new law, MCL 722.27. The court is also precluded from establishing a new order or even altering an existing one regarding the child’s long-term custody. However, a court may make a temporary custody order that lasts only for that time frame.

Military parents are required to notify the court within 30 days of their return from deployment. After then, the court will give the military parent custody of the child in the same way as before the deployment. In reality, custody will remain unchanged throughout both deployments.

Michigan is subject to the Servicemember Civil Relief Act, according to the Michigan Guide for Military Family Law published by the Michigan Department of Attorney General and Thomas M. Cooley Law School Center for Ethics, Service, and Professionalism. According to the SCRA, if one parent files for a change of custody while the other is serving in the military, the deployed parent may request a stay, which the court must approve. 

The custody arrangement that was in place on the day the military called the parent to deployment cannot be changed by a new order that the court issues during the parent’s deployment.

If the parent who stays can prove, by clear and convincing evidence, that doing so is in the child’s best interests, the courts may grant interim custody. However, in accordance with the MCAA, the courts must reinstate the custody arrangement that was in place before the deployed parent’s active service assignment. The MCAA and SCRA both aim to avoid military parents experiencing disadvantages as a result of their service to the US.

How Will Child Custody Be Decided During My Deployment?

The judicial system cares about your child’s welfare. It can be more difficult if you frequently relocate or travel abroad. The courts will nevertheless do their best to reach a decision on a plan that promotes your connection with the child.

It might be beneficial for military members involved in a custody battle to sit down and draft a Family Care Plan with the other parent. A healthy compromise is conceivable and even likely if both parties are prepared to put their egos aside and concentrate on the child.

There will need to be responses to queries like, “Where does the child live when you are away from home?” if you are granted primary or joint custody. or “What would happen if you moved?” To negotiate agreements, the judge will deal with both you and the other parent.

What Is a Family Care Plan?

It can be difficult for anyone to split up parenting duties after a divorce or separation. Uncertainty regarding upcoming overseas deployments or domestic assignments for military personnel can make the problems more difficult.

Every couple going through a divorce should have a parenting plan outlining how they will split up the parenting and care of the children after the divorce. It’s especially necessary and can be practical for you to create alternative parenting plans if you’re in the military and unsure of where you’ll be stationed or for how long. Prepare a visitation schedule that is in line with the service member’s anticipated spare time, for instance, if he or she may continue to live close to the children’s home.

Prepare a strategy that you’ll use if the service member is moved or deployed abroad at the same time. Communication is crucial since, oftentimes, service members are unsure of what will occur. It is crucial to relay to the other parent all the information that is currently accessible and to create backup plans that will protect your family no matter what.

When both parents share custody of a child and only one parent is in the military, the civilian parent will typically look after the child when the service member is absent. However, when the military parent has sole custody, many states view a change in custody to the other parent as a change in custody. As a result, it’s not unusual for the court to permit the military parent’s new spouse or another relative, such as an aunt, uncle, or grandparent, to act as the child’s guardian during deployment if the military parent is the sole custodial parent.

When one parent, or both parents if there are two parents, are responsible for raising a child, the military has regulations that must be followed. In the following circumstances, a family care plan is necessary:

[a] A service member is a person who is not currently married and who is the sole parent of a child under the age of 19 or who shares custody with another parent.

[b] Children under the age of 19 are in the custody of both serving parents. The same Family Care Plan must be signed by both parents.

[c] A service member is the only caregiver for a child under the age of 19 or an adult family member who is unable to take care of himself, such as a spouse or other family member who is disabled.

Any service member who finds themselves in one of these circumstances must immediately inform the military. The service member then has 60 (for active duty personnel) or 90 (for reserve personnel) days to submit a formal Family Care Plan to a commanding officer.

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The severe effects of COVID-19 are hitting us personally, even in our family. Vaccinating or not vaccinating. What if my ex vaccinated my child without telling me, can I do anything? This can be a difficult query for a parent in Michigan. In light of how the government and the general population feel, it is difficult. You can request a decision on this from the court.

Click here to watch the video on My Ex Vaccinated My Child Without Telling Me, Can I Do Anything?

In a perfect world, the court would educate both parties on the importance of making decisions together as part of their parental responsibilities. The best course of action is to submit an application for a hearing so that the court can make a decision if you are unable to come to an agreement. The court could side with the government and the public, therefore this comes with a warning. The judge can decide that your child needs to be immunized.

What’s Up with COVID in Michigan?

Even though the Covid19 vaccine is only the most recent iteration of the vaccine debate, Michigan’s divorced parents have been at odds over whether or not to vaccinate their children for years. Of course, parents who are not divorced can also disagree on this. Even stable marriages hold contrasting views.

The State of Michigan is examining and treating COVID-19 patients around-the-clock. Here is the most recent information that state-wide healthcare specialists have gathered. As of this writing data is now being updated as follows:

Data on cases and fatalities are usually updated every Tuesday. Data on cases and deaths will include both confirmed and improbable cases and fatalities.

The CDC COVID-19 community levels map has taken the position of the cumulative county COVID-19 case rate map, and it will be updated every Friday.

As of this writing here’s what’s happening with COVID in Michigan.

[ a ]  2,897,827 total COVID-19 confirmed and probable cases

[ b ]  39,406 COVID-19 deaths overall, including confirmed and likely

[ c ]  Weekly Confirmed and Probable Cases for COVID-19: 11,651

[ d ]  1,664 average daily confirmed and probable COVID-19 cases

[ e ]  Deaths in Confirmed and Probable Cases in Weekly COVID-19 156

Although child deaths attributed to COVID were relatively low, a thousand deaths is a big number for any parent.

With all that apprehension about getting or not getting the vaccine, it may be moot to discuss the efficacy since data is already telling us the vaccine was not really as effective for children as anticipated. At the height of COVID it was the driver for the surge of court cases affecting custody and parenting time. A lot of disputes arose as to whether or not to get children vaccinated.

Who Gets to Make the Decision About Vaccinations?

The choice normally rests with your co-parenting or custody agreement, whether you are the parent who supports vaccinations for your children or the one who opposes them. You should always turn to your custody records as a starting point in any major argument. Whoever has legal custody typically decides on medical issues, including immunizations.

Consider a situation where one parent is granted sole legal custody of their child. If so, they are the ones with the power to decide whether the youngster will receive the COVID-19 vaccine. The decision-maker has the right to make it even if the other parent objects.

There is no established legal definition for the term “sole custody.” The Michigan Custody Guideline specifies that the parent is the sole custodian when that parent is granted both primary physical custody and primary legal custody. Physical custody is granted to a parent if they spend the majority of the time caring for their child. When a parent is given legal custody, they are in charge of making all important decisions regarding the child’s upbringing, such as those involving their health care, education, upbringing in religion, and participation in extracurricular activities.

The court anticipates that when there is joint legal custody, the co-parents will discuss these issues and reach a consensus. However, there is always a chance of this happening, particularly in a hotly contested issue like this vaccination. In cases where both parents share legal custody, sometimes one parent retains the right to make the final decision. That parent has the final say if this applies to you.

If for some reason this issue ends up in court, the court will likely lecture both parties on making decisions together as part of their custodial responsibilities in the best case scenario. The best course of action is to file a motion for a hearing to let the court make the decision if you can’t come to an understanding on the matter. 

If parents can’t agree, the judge will make the decision in a hearing. A Lombardo hearing is the term used to describe such a hearing. The court will hear testimony about the factors that are in the child’s best interest during a Lombardo hearing. A Lombardo hearing resembles a custody trial in many ways, even if the judge in a choice of school case is not obligated to consider every best interest criterion. Every best interest factor will be looked at if the student’s school choice would lead to a change in custody.

Lombardo hearing is a phrase in reference to the famous child custody case with Docket No. 145361 submitted to the Michigan Court of Appeal on June 2, 1993 and was decided on October 18, 1993.

How Will Courts Decide if Parents Can’t Make the Decision About COVID Vaccine?

You cannot alter parenting time or restrict your ex’s access to your children even within the threat of COVID unless you have a prior motion to modify it accordingly.

Before you violate your order, you must make an effort to have it modified. Getting a hearing promptly could be challenging because court operations are constrained during the emergency. There are urgent motions being discussed to safeguard health and safety. If at all feasible, you ought to consult an attorney for counsel before making any decisions.

Parents must ensure they have more than a generalized fear or suspicion of risk when the other parent does not concur that one residence poses a greater risk than the other since the court order is still in effect. Without a consent, disobeying the command is serious.

You will receive a notice and one of many sanctions if you break the order and the other parent notifies the FOC in writing of the violation. If you violate the order, the office may impose a makeup parenting time schedule, set up a joint meeting or mediation, or arrange a hearing (often known as a “show cause hearing”) where you must provide justification. A show cause hearing may also be scheduled by the other parent without the involvement of the FOC.

If you ask how the judge is going to rule on this issue of vaccination, it may be difficult to guess. Every judge is different and may be considering the same factors as your lawyer but is looking at it differently. Judges may choose not to look at certain evidence of your position or may question their credibility in the light of many controversies associated with the COVID-19 vaccine even in the medical community.

If a Lombardo hearing is unavoidable. The caveat in this situation is that the court might adopt the stance of the executive branch and the public. The judge might decide to vaccinate your child or leave the decision to the legal custodian.

Even if the parents disagree with the judge’s judgment, they must abide by it once the matter has been decided by the court. You could get into a lot of legal trouble if you don’t follow a judge’s instructions!

It’s not very appealing to have a stranger in a black robe decide your child’s health. Because of this, parents are constantly urged to resolve these issues without the assistance of a judge.

Like we always advocate here, it is best you talk to your ex and find a way to find the right information together so you don’t have to force your position based on a limited range of options.

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

A child will require medical needs and health care costs in addition to the typical basic demands. After a divorce, who is responsible for paying for the child’s medical bills? In Michigan, the divorce decision serves as a roadmap for the parents regarding the costs of child support.

Click here to watch the video on Which Parent is Responsible For Child Health Expenses After Divorce in Michigan?

Your divorce decree should specify what occurs in this case, and it almost certainly includes keeping the child covered. Either both parents paying equally or paying in separate amounts could be used. The court will unquestionably ensure that the youngster is protected. Examine your divorce ruling; it should serve as your direction.

There are certain significant exceptions divorcing marriage partners may need to take into account. After a divorce, one ex-spouse is typically not compelled to cover the other’s medical expenditures. Following a divorce, a number of variables determine who is responsible for paying the child’s medical bills.

What You Need to Know About UCSO

When you start talking about child support you will probably hear about MCSF or the Michigan Child Support Formula. 

The Friend of the Court Bureau created a formula guideline for calculating child support obligation amounts as part of its duties. The use of this formula by the courts when establishing or altering child support obligations is mandated by law.

The child support formula is periodically reviewed, adjusted, and its figures updated to account for shifts in the economy. A new Michigan Child Support Formula Manual is released by the bureau as soon as these changes go into effect. The manual and any relevant schedules or supplements make up the Michigan regulations.

The MCSF aids courts in determining the proper amount of child support due to be paid. The MCSF is based on the resources available to parents and the requirements of the children. The MCSF is based on a professional review of facts and figures regarding the expenses of parenting children at various income levels.

The MCSF takes into account the net incomes of both parents before comparing that income to various external factors. Additionally, the model accounts for unique situations like shared custody and the amount of nights that children spend with each parent.

Once a determination about child support becomes final, you will hear about another acronym, the UCSO. 

The Uniform Child Support Order or UCSO, along with other orders, is entered at the conclusion of every child support case, child custody disagreement, and divorce involving children. The financial support of your child is entirely within the jurisdiction of this UCSO. It specifies who will pay what amount of child support to whom, when it will begin and stop, and who is in charge of keeping the child’s health, dental, and vision insurance current. The UCSO also specifies how payments for your child’s medical costs will be made. 

Medical support comprises regular and supplemental medical costs, health insurance, and premium sharing. Regular medical costs include copays and deductibles for uninsured medical costs. Parental care costs like over-the-counter medications and first aid supplies are excluded from regular medical costs. 

There’s a cap for the average cost of medical care for one child per year. Uninsured charges over and beyond the annual cap on typical medical expenses are referred to as additional medical expenses. The UCSO refers to these extra costs as uninsured health care charges. Typically, a percentage of increased medical costs is allocated to each parent based on their income.

When the parties have an established pattern for child care and can attest to their actual, predictable, and reasonable child care expenses, childcare reimbursement amounts are based on actual costs.

One of the parents will be required by the court to supply the child with health insurance. This private insurance may be supplied as a perk of employment, purchased, or obtained in another way (from a parent’s spouse or other household member). Or, in some circumstances, it might be public insurance like Medicaid or MIChild. To decide which parent should provide coverage, the court will take into account a number of variables from the Michigan Child Support Formula Manual or MCSF.

Which of the Parents Gets to Pay for Health Expenses?

Who is responsible for a child’s medical costs after a divorce? While you might not be liable for an ex-individual spouse’s medical obligations, if you have children, you will at least share some of the cost of their care until they are adults.

How do parents split or share that duty? The cost of a child’s health insurance, if paid by one parent, is taken into account while determining child support. If you sift through the slightly technical description of UCSO, you will come to understand both parents shoulder the cost for the children’s medical and health care.

Judges in Michigan and Friend of the Court investigators make the assumption that both parents will contribute to the costs of raising their children when determining child support. It is expected that the primary custodial parent will cover costs that immediately result. Based on the parties’ relative salaries, the number of nights the child spends with each parent, and a number of other considerations, the other parent (the payer) pays child support. 

According to the conditions outlined in the UCSO, both parents must contribute to the child’s uninsured medical expenses.

What Is Covered Under the Child’s Medical and Health Expenses? How Is It Shared?

The calculations used to determine child support in each case include medical costs. On the first page of your UCSO, there is a table with a line for “usual medical.” This is the monthly amount that the payer must contribute toward each child’s out-of-pocket ordinary medical expenses (OMEs).

Every UCSO also specifies the yearly average medical cost. This is the annual contribution that the payee—the person who is receiving child support—is required to provide. The sum, however, can be different if you have an older child support order. Before receiving reimbursement for any special costs related to child support, the payee must have already paid this annual regular medical amount to physicians, hospitals, pharmacies, and other healthcare providers.

The UCSO also decides what happens if a child’s uninsured medical bills go above and beyond what is specified above. On your child support order, these sums will be divided according to the parties’ respective incomes and shown as percentages.

According to the Michigan Child Support Formula, the payee parent is eligible to receive reimbursement for extraordinary (extra-ordinary) medical costs like:

[ a ]  Co-pays

[ b ]  Deductibles

[ c ]  Out-of-pocket expenses

[ d ]  Doctors’ visits

[ e ]  Hospital stays

[ f ]  Medical equipment

[ g ]  Medicines and pharmaceuticals

[ h ]  Preventative care (including vaccines)

[ i ]  Dental expenses (including braces)

[ j ]  Vision or optical care (including glasses or contact lenses)

[ k ]  Mental health or psychological care

The annual sum for typical medical expenses is not meant to pay for:

[ a ]  First-aid supplies

[ b ]  Over-the-counter medicine

[ c ]  Painkillers

[ d ]  Cough syrup

[ e ]  Vitamins

[ f ]  Hygiene supplies

Even if extra medical costs are covered by every UCSO, many custodial parents never get that money because they don’t adhere to the regulations for repayment of medical expenses.

What if One of the Parent Declines and Won’t Pay?

Even when the court-ordered child support is paid, a disagreement may still occur when a child has medical expenses that go above and beyond what is deemed “ordinary.” When a court is aware that a child may incur higher expenditures, it may boost the normal sum for uninsured medical bills.

When a child’s uninsured healthcare costs exceed the “ordinary” annual amount, the cost of those costs is split between the parents according to each parent’s portion of their combined total income. This usually is a case for ex spouses with children having special needs.

Unless the parents jointly agree to a different agreement, each parent is accountable for the percentage of any extraordinary medical costs incurred.

So what happens if one parent chooses not to contribute to a child’s high medical expenses? Although the legislation in Michigan involving a parent’s refusal to cover a child’s exorbitant medical costs is quite intricate, the following is necessary:

[ a ]  Within four weeks after the date the insurance company paid on the cost or denied payment, the parent requesting compensation must send a reimbursement request to the other parent. Write down your request and save a copy for yourself.

[ b ]  This means that one parent must cover the entire cost and then ask the other for reimbursement. The paying parent must send the bill to Michigan’s Friend of the Court agency within six months if the other parent doesn’t pay in order for that agency to enforce payment.

[ c ]  Seek the counsel and direction of a family attorney who can ensure that you meet the deadlines and standards and that the court acts on your behalf if your spouse refuses to pay his or her share of your child’s extraordinary medical expenses.

A family law attorney will need to file a petition with the court on your behalf if the other parent of your child is refusing to pay court-ordered child support.

The parent’s salary or tax refunds may be garnished, a lien may be put on their home or other property, their license may be suspended, or they may even be charged with contempt of court.

If you want to know more about what child support covers, you can read our article, “What is Child Support Supposed to Cover in Michigan? Does it Include Tuition?” to see how much of educational expenses are actually covered.

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

Your child refuses to go when it’s time for parenting time with your ex-spouse. What can I do if, despite a court order, my child refuses to visit the other parent? In Michigan, you must ask yourself this question since failing to do so could result in a violation of a court order. You have neither the authority nor the right to disobey a court order.

Click here to watch the video on What Can I Do If My Child Refuses to be with The Other Parent Despite Court Order in MI?

You must let the court know if something, such as your child’s behavior, is making it difficult for you to comply with a court order. It simply indicates that you can’t solve the problem on your own or find a workaround. You must explain to your child the purpose of a court order as well as the consequences of disobeying it.

Our children can develop quite quickly. Child custody battles and divorce won’t stop them. Court orders determine things like visitation and parenting time. Children must comprehend them as well because they are required responsibilities. The relationship between parents and children fosters a child’s physical, mental, and social growth. Every child and parent should value and develop this unique connection.

This link serves as the cornerstone upon which the child’s personality, choices in life, and general behavior are established. Their emotional, mental, physical, and social well-being could all be affected.

Is Parenting Time or Visitation an Option?

Despite significant, ongoing advancements, raising young children today is still challenging. A rapidly growing body of research on early children is available, more funding is being given to family-focused programs and services, the U.S. population is changing its demographics quickly, and family arrangements are becoming more diverse. Parenting is also being more impacted by technology and more readily available parenting information.

Parenting and the parent-child relationship are so important that laws, national and state policies are oriented in favor of protecting them. This is also the reason why parents are not given the choice to choose how much time they spend with their children during the day. In the family, it is enforced to maintain the family’s cohesiveness as much as possible.

Children under the age of 18 cannot decide which parent they will live with unilaterally. Children are not allowed to refuse visitation that is required by a custody agreement. Both parents and children must follow the instructions. Therefore, it is the responsibility of the parent who has primary physical custody to persuade an obstinate child to cooperate during visitation.

The child’s preference is just one of the numerous considerations the judge will use when determining child custody or parenting time. You could find it helpful to make decisions if you speak with a Michigan child custody attorney if your child, especially a teen, wants to spend more time with the other parent.

Why Is My Child Refusing Parenting Time?

There might be some legitimate reason why your child, (and there’s a high likelihood this will be a teenage child) is a bit obstinate about their refusal to go with the other parent. The following are the most likely causes of your child’s difficulties going with your ex-spouse:

[ a ]  The child wants to go to an event, but only one parent will allow the child to do so.

[ b ]  Your child and the other parent have never really gotten along.

[ c ]  The child is not cordial with other children from past partnerships or with the other parent’s new spouse.

[ d ]  The other parent lives a long way from the child’s school, friends, and extracurricular activities. The other parent has severe house rules that the child doesn’t want to follow.

[ e ]  The child holds the other parent responsible for the divorce and harbors hatred towards them. If you are badmouthing your ex and this is the cause of your child’s feelings, then this can be a problem. Disparaging your ex in front of your child is a practice known as parental alienation, and doing so can be used against you in court.

Of course as a parent there can be legally sound reasons for you to support your child’s refusal to go with the other parents, and here’s some legal reasons to do so:

[ a ]  The other parent is currently incarcerated or in prison.

[ b ]  The parent is abusing drugs or has substance use disorder (SUD)

[ c ]  The other parent is frequently subjecting the child to either verbal or physical abuse

[ d ]  There is sexual impropriety, such as subjecting a child to very suggestive sexual behavior

[ e ]  The potential or a history of parental abduction.

Parents would probably err on the side of caution so they might get worried about their child’s behavior. If your child admits to having been beaten, sexually assaulted, or subjected to other sorts of abuse by the other parent, no one can advise you to give them back into their care. In addition to denying visitation, you should ask the court for supervised or no visits.

There’s a likelihood you won’t be able to physically coerce your child into doing anything. You already are aware of this if you have teenagers. The courts will probably accept your explanation. You have made an effort to abide by the court orders but that, given your child’s age and maturity, you are unable to compel them to spend time with the other parent. 

You are not required by law to pull or tie up your child in order to force them to go to visitation. When a child is 16, it is more effective to claim they won’t see the other parent; nevertheless, a child of six doesn’t sound as credible.

How Can I Get My Child to Comply with Parenting Time?

The truth of the matter is that the only way you can comply with court order is to “persuade” your child to go with the other parent. You might want to try out some of the approaches already working with other parents who have to deal with a reluctant child.

Find out more about what’s up with the attitude.

Identify the reasons for your child’s reluctance to visit the other parent. The repercussions of defying a court order are probably beyond your child’s comprehension. You will learn more about how to handle the refusal if you inquire as to why they are refusing to go rather than merely telling them to do so. Your child may agree to visitation if you demonstrate your concern and understanding of their situation.

Don’t forget you are an adult. You are the parent.

Remember you are the parent at all times. The decision-maker here is you, not your child. You are the best person to judge your child’s needs, therefore it’s possible a soft, gentle approach won’t be effective. Particularly following the strain of a custody dispute and/or divorce, you may feel bad about forcing your child to do something they don’t want to.

Call and communicate with the other parent.

When your child declines, call the other parent and make an effort to have the child explain the refusal to the other parent. You won’t be accused of wilfully disobeying court orders if the child cooperates more readily with the other parent. Contrary to phone records and text messages, word of mouth is simpler to disprove in court.

Start taking notes on all this refusal to comply.

Keep track of each time your child refuses a visit. Ask your child why each time so you can keep a list. The other parent has the right to accuse you in court of violating the court order, therefore you must have proof to back up your claims and those of your child. The other parent may try to show you have not complied in subsequent custody hearings, which would be damaging to your case.

Take effort to make each pick up and drop off stress-free.

As much as you can, make picking up and dropping off simple. Your child’s unwillingness to attend visitation may be influenced by your numerous disputes with your ex during transitions. Try your best to keep your mouth shut and carry yourself like the bigger person if your ex tries to antagonize you during custody transfers. If your child is leaving for a prolonged visitation, make sure your child’s luggage is packed and all other preparations have been made well in advance. Activities that can be avoided, like rushing around the house and disregarding sentimental items, might cause anxiety.

Keep the encouragement going.

Continue to promote visits. After a single refusal, don’t give up. Your child should be informed about the parenting plan at times other than shortly before pick-ups and drop-offs.

It’s a prevalent notion that children may choose which parent they want to live with most of the time after they reach a certain age. First off, unless the judge determines the child has the capacity to create and express a reasonable preference for custody and visitation, the judge in Michigan won’t even take the child’s preference into consideration.

The judge will typically assume that a child who is older than six can articulate a reasonable custody preference. But that does not imply that every child who falls within that age range can. It also does not imply judges will never take younger children’s opinions into account. Individual circumstances may impair older children’s capacity to develop a fair judgment because some children are mature beyond their years.

A judge must determine whether a child has communicated a choice that is reasonable after determining that the child is able to make a reasonable judgment about custody and visitation. This doesn’t imply the child must provide a thorough justification for the desire they have expressed, only that it isn’t motivated by irrational or unimportant factors.

Until they turn 18 or are deemed to be of legal emancipation, children do not have the right to refuse visitation that is required under a custody order. Both parents and children must follow the instructions. Therefore, it is the responsibility of the parent who has primary physical custody to persuade a recalcitrant child to cooperate during visitation.

Of course, as any parent of an adolescent knows, it can be difficult to get adolescents to execute anything they adamantly disagree to, especially as they become older. If you find yourself in this situation, you might think about taking advantage of the mediation available at the Friend of the Court or counseling services. However, you’ll need to demonstrate a change in circumstances has occurred that makes the alteration you’re proposing necessary.

This is the part where you need to talk to your attorney about your child’s dynamics and what you can put forward to the court.

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

Parents may lose custody of their children for a number of reasons. In Michigan, the courts play a significant part in disputes over child custody. You taking over that position won’t be welcomed by the court. The dynamics between you and your child and spouse are examined by the court. Your actions will be closely monitored. 

Click here to watch the video on 3 Reasons Parents Lose Custody Of Their Kids In Michigan

There will be severe repercussions for attempts to sabotage parenting time and deliberate actions taken to alienate the other parent. The court will take notice of such wickedness and it will affect how your custody issue is handled in the future. You need to speak with your attorney if you find yourself in a scenario where the other parent is displaying these behaviors. See the Michigan reasons why parents lose custody of their children.

The best interests of the children concerned will always be taken into consideration by Michigan family law courts when making decisions. In most divorce cases, it is in the child’s best interest to be able to spend as much time as possible with both parents. Because of this, courts usually always grant both parents joint legal custody and, frequently, shared physical custody.

Even if the child lives with the custodial parent full-time, the non-custodial parent will, at the least, be granted joint legal custody so that, in addition to having frequent and regular visitation rights, they can participate in key decision-making over the child’s life. A biological parent would only ever lose all of these parenting rights under exceptional circumstances. Nevertheless, it is possible.

Let’s look at three reasons why it is possible.

Reason 1: Failing to Comply with Court Orders.

If you ignore a court order, you risk facing consequences from the court and, worse than that, it may deter the court from hearing your case fairly in the future. Being court-friendly is always ideal, and one way to do this is by abiding by the court’s guidelines.

The court will dictate your parenting time and custody arrangements, whether you like it or not. 

The courts always emphasize the importance of maintaining stability in the children’ surroundings. That stability comes from the parents spending time together. We are aware that dissolving a marriage can cause pain, and perhaps the only emotional tie left between the parents is animosity.

You should be aware of the significance and value of maintaining the relationship with your children as a parent. This is why parenting time and custody are divided, giving you the best chance to spend time with your children almost equally.

Parenting time is increased only by having complete or even physical custody. It gives you more chances to interact with your kids, maybe more than the non-custodial parent does.

Because you have custody and you don’t like the other parent, you want to make a point of not letting your ex see the children. You want to enjoy watching your ex struggle with being away from the children.

Therefore, it is not surprising that limiting access to children is a means of exacting retaliation against the children’s alleged offending spouse.

Remember that the parenting time both of you supposedly deserve is an opportunity made possible by a court order. It is a judicial order. Denying the father access to the children in violation of a court order has repercussions and sanctions.

You are already at odds with the person in charge of granting parenting and custody orders if that person believes you cannot act in the child’s best interests by disobeying court requests and directions. That person is the judge.

Second only to performing poorly in court and in your daily life, defying court orders will quickly damage your case. Even though it may not necessarily result in you losing custody on its own, the court will usually see this as a sign of disrespect for their authority.

Reason 2: Abuse and Neglect of Children.

In Michigan, sexual abuse, sexual exploitation, or mistreatment by a parent, legal guardian, or any other person in charge of the child’s care constitutes child abuse. This includes any harm or threat of harm to a child’s health or welfare as a consequence of a non-accidental physical or mental injury.

Child neglect occurs when a parent, guardian, or other adult fails to meet a child’s basic needs. These basic needs include having access to clothing, food, and water, as well as a secure place to reside. The failure to provide a child with the necessary care and education is another example of this.

When parents are unable to care for their children themselves, they must make arrangements for someone else to do so. A parent who leaves his or her child at home alone may be considered to have abandoned the child by a court, which is grounds for rescinding the parent’s parental rights.

We posted an article about abuse and neglect entitled, “What Does Abusing A Child Mean in Michigan?”. There can be situations where you can be accused of child abuse and neglect. These allegations, whether true or not, can seriously compromise your child custody claims.

Reason 3: Alienating the Other Parent.

Never voice disapproval of your spouse in front of your children. This unnecessarily involves the children in dispute between you and your ex-spouse, which harms their fragile psyches and makes the entire process difficult for them. Keeping your disapproval and even anger in check can often be difficult in situations where you are forced to deal with a vindictive spouse or an ex with a malicious spouse syndrome.

In stressful situations like divorce or a child custody dispute, it is imperative to keep your emotions under control, even though it can be difficult. You might be tempted to give in to your anger and erupt in rage, but you have to fight the desire.

Courts in Michigan are less likely to grant custody of a child to a parent who displays strong, volatile emotions, especially ones like rage. It is advisable to avoid responding in kind, even if your spouse is angry and spiteful, as doing so will only make matters worse for you.

It can also lead to emotional estrangement, which is even worse because it happens when a child starts to prefer a parent-free household as a result of one parent’s alienating comments. The courts have a zero tolerance approach for this behavior and will punish any parent who partakes in it severely.

The other parent must always be treated with respect, despite your belief that they haven’t done anything to earn it. Honorable behavior will not only help to protect your child but also give the court the chance to demonstrate why you are the finest person to represent the child’s interests. Simply said, you shouldn’t criticize or speak poorly about your spouse in front of other people.

The same restriction applies to your friends and family. The biggest problem is that anything you say can be used against you in a custody battle and can give the court the idea that you are unreliable.

It’s possible that the person you confide in will be asked to testify in court or at a deposition even if they don’t consciously repeat what you said. They become powerless over the circumstance once they promise to tell the truth. Thus, they can be forced to betray your confidence.

Who gets legal custody of a kid after a divorce depends on a variety of variables. However, if the court decides that the parent is unfit to care for the child or if a circumstance arises that necessitates their removal, the parent may lose custody of the child. The three reasons above should give you enough information to avoid compromising your opportunity and rights to your child’s custody.

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.