A parenting time agreement is a court-ordered commitment by parents to spend specific amounts of time and space with their children. There is a court order requiring this. You cannot simply invent justifications for denying parenting time. You cannot deny the other parent parenting time under normal circumstances. Since parenting time is a court-mandated requirement, you cannot restrict or modify it without the judge’s approval.

Click here to watch the video on Reasons To Deny Parenting Time In Michigan

There are very few exceptions to a parenting time order unless the parent’s behavior is harmful to the child, such as coming up drunk or suggesting you transport your child in a car while drunk. The court may approve these types of situations, but in order to prevent a repeat, you must have your attorney file a request to impose conditions on them.

Never Forget: Parenting Time Is A Court Order

If you are a parent in Michigan who is thinking of denying the other parent parenting time, you need to be aware of the legislation. Parenting time is treated seriously by Michigan’s legal system, which forbids parents from denying the other parent access to their children without a valid reason.

The noncustodial parents’ time with the minor children is scheduled according to a parenting time schedule. The Circuit Courts in Michigan enforce the parenting time schedule, which is a court order.

Parenting time is embodied in a court order based on the Child Custody Act of 1970 (Act 91 of 1970) specifically under Michigan Compiled Laws (MCL) 722.27a.

The family court in each Michigan County carries out the Michigan Supreme Court’s enforcement of this Act. Circuit Court is Michigan’s family court.

A Friend of the Court or FOC is also available in each County to support the Family Court. The FOC will frequently look into custody and parenting time issues and offer advice. The FOC frequently recommends decisions on child support, parenting time, and custody.

In Michigan, you cannot object to parenting time without a court order. If you refuse the other parent visitation time, you risk being found in contempt of court. When denying parenting time in Michigan, you must always have a good cause.

If you’re the one dealing with a toxic ex in a co-parenting arrangement, you need to read our article, “How Do I Co-Parent With A Toxic Ex In Michigan?” dealing with a difficult ex-spouse in your parenting time.

Monumental Consequences of Denying Parental Time

Parenting time is the time allocated for a non-custodial parent to be with their child. There may be consequences if the custodial parent denies the non-custodial parent parenting time.

Contempt of court.

The first consequence might be for the denying parent to be held in contempt of court. This suggests that the parent who refuses could be subject to a fine or even jail time. The parent who refuses might also be expected to make up missed parenting time.

Loss of child custody.

The parent who refused custody could really lose it, which is the second consequence. This is so that the court can infer that the parent who is refusing to cooperate cannot put the needs of the child first.

The payment of attorney fees.

The parent who declines custody can also be liable for the court fees and legal expenses. Denying time to parents is a bad idea that might have consequences.

Michigan Courts Are Disproportionately Bias in Protecting Parent-Child Relationships

When parents of a kid are divorcing or living apart, the child frequently spends more time with one parent than the other per a court order. The court order may specify which parent has primary physical custody or it may refer to this arrangement as shared physical custody, with one parent having greater parenting time. 

According to Michigan’s laws, kids ought to have good relationships with both parents. When granting or changing custody, the court must take the child’s best interests into account. The “best interests” are actually a collection of criteria that were established by statute. 

The phrase “best interests” refers to a set of standards that were established by law. One of the deciding factors is each party’s willingness and capacity to encourage and promote a strong and long-lasting parent-child relationship between the child and the other parent or the child and the parents. This indicates that, in the perspective of the law, interfering with or denying parenting time is in direct conflict with the child’s best interests.

Get Help If You’re Denied Parenting Time

We understand how frustrating it can be to be denied parenting time but the last thing you need is you busting doors or getting into an altercation with your ex. Call your attorney. He’s going to know how to get around these things.

If not, visit your local Friend of the Court or FOC. 

What can you do in the FOC?

A party that feels that parenting time mandated by the court has been denied should take the following actions:

[1] Verify you were indeed denied parenting time by looking up the most current parenting time order from the court.

[2] File a complaint: Write a description of the parenting time infraction and submit it to the FOC office. This is your parenting time “complaint”.

Specify the dates and times that the parenting time was violated. It is also best to get in touch with the FOC office before filing your complaint to see whether there are any additional requirements or important instructions.

[3] Be sure to file your complaint on time. You have 56 days from the violation of parenting time to file a written complaint with the FOC.

[4] Make a copy of the complaint, and keep one for yourself.

What can the FOC do for you?

Following receipt of a written complaint alleging a breach of parenting time, the FOC will:

[1] The FOC will confirm that the complaint regarding parenting time is legitimate before proceeding.

The FOC will review the court order to see if the claimed denial of parenting time breached the order in order to 

(a) determine whether a violation occurred. Due to the language used in some court rulings, the FOC may not be able to enforce some allegations.

Example:

Some court orders specify that the parties will agree on the parenting schedule. If the FOC does not know what the parties agreed to, it may not be able to assess whether the denial in the complaint violates the order.

(b) Examining prior complaints: The FOC will determine whether the person filing the complaint has filed two or more unfounded complaints in which costs were levied and are outstanding.

(c) Timely complaint submission: The FOC will confirm that the complaint was delivered within 56 days after the incident.

[2] Send a copy of the complaint to the other party: If the FOC decides that one party has filed a legitimate parenting time complaint, it will send a copy of the complaint to the opposing party within 14 days.

What legal action can the FOC take against the parent denying parenting time?

Makeup Parenting Time: A notice reminding both parties that the person who was denied parenting time must give the other party makeup parenting time is how many FOCs start the enforcement of parenting time. Within 21 days of receiving the notice, either party may oppose the makeup parenting time by sending a written protest to the FOC. 

If one of the parties opposes, the FOC will choose another method of enforcement. The FOC will give the parties another notice informing them that the makeup parenting time must take place if neither party objects.

Using Makeup Parenting Time: Makeup parenting time must be granted within a year and must correspond to the time that was originally disallowed.

Example:

If one weekend was denied, a party is granted one weekend of make-up parenting. The person that was improperly denied parenting time must give written notice to the FOC and the other party before using it.

Schedule Mediation: The FOC may plan a mediation session. The parties meet with a mediator during mediation who assists them in settling their parenting time disagreement. The mediator is chosen by the court. The mediator will draft the parties’ agreement and ask the court to sign an amended order if they are able to come to an agreement. The FOC office may choose a different enforcement method if the parties are unable to come to an agreement.

Schedule a Joint Meeting: A combined meeting could be scheduled by the FOC. The parties and FOC staff have a combined meeting to explore remedies for the claimed parenting time infraction. If the violation involves a matter like pick-up/drop-off timings, minor scheduling modifications, or the return of a child’s possessions following parenting time, the FOC may organize a joint meeting. In the event that the parties come to an agreement, the FOC employee drafts the document and requests the judge’s signature.

Employees of FOC may suggest a court order if the parties are unable to agree. A judge or referee will conduct a hearing to settle the parenting time disagreement if either party objects in writing to the FOC’s suggestion.

Schedule a Civil Contempt Hearing: The FOC may set up a hearing for more serious infractions. These proceedings are known as show cause or contempt hearings. After substantial or repeated violations of an order, these hearings may be employed.

At the hearing, the alleged offender has the chance to either defend themselves against the charge of disobeying the court order or provide the judge or referee with an explanation for their actions. If a judge or referee determines that a party disobeyed the court order without justification, they may:

(a) Order additional terms;

(b) Modify the parenting time order;

(c) Order makeup parenting time;

(d) Order a fine of $100 or less;

(e) Commit the party to jail or an alternative to jail with work release (not more than 45 days for the first contempt finding and no more than 90 days for any additional contempt finding);

(f) Order the parent to participate in a community corrections program;

(g) Place the parent under the supervision of the FOC;

If the party fails to provide makeup parenting time or ongoing parenting time, the judge or referee may suspend that party’s work, or driver’s, recreational, and sporting licenses.

Requests for Parenting Time Modification: The FOC has the right to ask the court to change the parenting time agreement between the parents. When it is obvious that the current order is bad for the parties or the child and the parties lack the ability or opportunity to change it on their own, the FOC normally merely asks for a revision.

If you want more insights about establishing parenting time schedules, read “How To Establish A Visitation Schedule Hassle-free In Michigan?” about parenting time scheduling.

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.

What exactly qualifies as child abuse? In Michigan, when we discuss child abuse or neglect that causes harm or injury, we mean both intentional and inadvertent behavior. You never know what might result from an abusive act or its consequences. 

Click here to watch the video on What Does Abusing A Child Mean in Michigan?

Your child might experience certain things. It may be considered abuse if you strike your child with a wooden hanger and they get welts on their faces. You might consider it neglect if your child is hurt while playing, but you can’t always be holding them. They must play, and the possibility of injury or harm exists at all times.

How Michigan Sees Child Abuse

In the past, parents would frequently “hit” their children when they were disobedient. If you made a mistake, you get the belt. Sometimes it was done with the hands, and other times it was done with the belt. You get the spanking of your bottom. These incidents are real. It was a crucial part of parenting.

Actual physical punishment is no longer practiced nowadays. Parents don’t smack their children anymore. It is not illegal but it needs to happen between children and their parents.

There is a distinction between disciplinary action and abuse.

The legal definition of child abuse in Michigan is harm or threatened harm to a child’s health or welfare resulting from non-accidental physical or mental injury, sexual abuse, sexual exploitation, or maltreatment by a parent, legal guardian, or any other person in charge of the child’s care.

The legal definition of child neglect in Michigan is: “Harmed or threatened harm to a child’s health or welfare caused by a parent, legal guardian, or any other person in charge of the child’s health or welfare that results from either: (1) carelessness in treatment, such as failing to provide adequate food, clothing, shelter, or medical care; or (2) putting a child at an unreasonable risk to the child’s health or welfare by the parent, legal guardian, or other person in charge of taking reasonable care of the child.”

Child neglect is the failure to provide for a child or the failure to act while the child is already being hurt, resulting in injury or the fear of harm to the child. A case of child neglect merely requires a careless act or inaction rather than intentional behavior to harm the child.

What Kinds of Child Abuse Allegations Can Be Hurled At You

Child abuse can come and manifest in many forms of injuries or action. There are many forms of accusation that can be hurled at you, more particularly from a vindictive or malicious spouse.

Spanking.

The act of striking a child, typically on the bottom, as a form of punishment is known as spanking. Despite the fact that a parent in Michigan is permitted to spank their child “using reasonable force,” numerous parents have been accused of crimes for no other reason than that they were trying to discipline their children.

Child neglect.

When a parent or other adult does not provide a child’s basic requirements, that person is guilty of child neglect. These include clothing, access to food and water, and a safe place to live. However, this can also refer to failing to give a child the essential education and medical treatment.

Physical abuse.

A child experiences physical abuse when their body is violated. This includes striking, kicking, biting, burning, whipping, and beating. However, it also includes purposeful deprivations of the necessities for a child’s survival. Depriving a child of food and water, a bed to sleep in, or clothing could be considered physical abuse in this sense.

Sexual abuse.

Any type of sexual assault committed by an adult against a child is considered sexual abuse of a child. Statutory rape, molestation, solicitation of a minor, attempt at unlawful sexual activity, and indecent exposure are some examples of this. If found guilty, a person may serve a lengthy jail sentence in addition to being compelled to register as a sex offender.

Child on child abuse.

Child on Child Abuse occurs when one child injures, harasses, sexually attacks, or otherwise takes advantage of another child. In these situations, the abuse is frequently later attributed to an adult. Typically, this kind of violence takes place amongst siblings inside households. But it’s been documented to happen between foster children in foster families and even in classrooms.

Child endangerment.

Child Endangerment occurs when a parent or caregiver does something that puts a child in danger, even if the child is not really injured. This is frequently employed when an adult driving under the influence of alcohol has a passenger under the age of 18 in the car. OWI Child Endangerment is the term used to describe this.

Unexplained injuries.

Unexplained injuries are those that a child sustains that cannot be explained. Or, if an explanation exists, it is inconsistent with the type or severity of the damage. In situations like this, the police and CPS frequently believe that the parent is lying to cover up child abuse. Criminal inquiries and accusations of abuse are frequently the results of unexplained injuries on youngsters.

Infant injuries.

It is common for parents to be accused of abusing their children as a result of infants who have wounds. Infants cannot hurt themselves and are entirely dependent on their parents and other caregivers to take care of and protect them, therefore any injuries are immediately blamed on the person in charge of looking after them. There is a good chance that the parent will be under investigation for child abuse even if there is a completely plausible account of what occurred to cause the injury or if the parent genuinely does not know what happened.

Burns.

Medical personnel frequently view burn injuries in children, particularly those brought on by contact with hot objects, scalding, and immersion in hot liquid, as suspect. A parent should anticipate intense scrutiny and perhaps being accused of child abuse if they seek medical attention for a child who has suffered burns.

Child Abuse Is A Matter Of Degrees

There are several degrees of what constitutes child abuse, and if you are found guilty, you will be subject to a number of sanctions. No matter how serious the offense, the perpetrator will serve time in prison.

Child Abuse in the Fourth Degree

Fourth-degree child abuse occurs when a person recklessly causes a kid to suffer physical harm, or when a person knowingly or willfully does anything that, in the given situation, places a child at risk of suffering harm, even if nothing of the like occurs.

According to Michigan law, fourth-degree child abuse is a misdemeanor. The maximum jail term for it is one year.

Child Abuse in the Third Degree

When a person knowingly or purposefully does something to hurt a child physically, that behavior is considered third degree child abuse. The prosecutor must demonstrate that the child was genuinely harmed in this case, not only put in danger of injury.

According to state law, third-degree child abuse is a crime that carries a maximum two-year jail sentence.

Child Abuse in the Second Degree

When a parent or guardian deliberately fails to provide for a child’s fundamental necessities of food, clothes, or shelter, causing the child substantial physical harm, this is referred to as second degree child abuse. Or, even if the kid is not actually damaged, it could mean acting knowingly or purposefully in a way that the child is likely to suffer substantial physical or mental harm. 

Finally, it can also refer to doing anything to a child that is regarded as “cruel” on purpose or with knowledge. “Cruel” in this context refers to any severe, barbaric, sadistic, or torturous behavior.

For first violations, there is a maximum prison term of 10 years; for second and subsequent convictions, the maximum prison term is twenty years.

Child Abuse in the First Degree

Knowingly or purposefully causing “severe physical or mental injury” to a child is referred to as first-degree child abuse. In order to qualify as physical harm, an injury must be considered substantial, such as internal injuries, burns, fractured bones, or burns to the head. Serious mental injury is defined as affecting a child’s capacity to manage life’s demands mentally or negatively affecting the child’s judgment or behavior.

First-degree child abuse is a crime in Michigan and carries a maximum sentence of life in prison or any number of years.

Anyone dealing with allegations of child abuse or neglect will become unable to think clearly. Most people will react out of rage and frustration, which frequently misleads the police and/or CPS. 

For the sake of the child’s protection, CPS must initially respond to the claims as if they were true. This can entail removing a child from the home while an inquiry is ongoing. Every action or statement you make could have a long-lasting effect on a case of child abuse or neglect. 

To prevent making mistakes or implicating yourself, it is essential to hire an attorney as soon as possible to clear your name.

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.

Child custody disputes cost a lot of money and need a lot of resources. What can I do to reduce the cost of my Michigan custody dispute? Custody disputes are another name for custody matters. It differs from tangible assets. Children cannot be exchanged. You have an emotional attachment to them. When it comes to your children, there is a lot more emotional investment than there is when it comes to material possessions. Assets may be replaced, but a substitute for a child is impossible.

Click here to watch the video on How Can I Save Money in My Michigan Custody Case?

Battles and child custody disputes both require ammunition. For evidentiary hearings, there will be a lot of preparation required, evidence will be needed, and prices will increase. Avoid wasting your attorney’s time if you want to reduce fees. Use discretion while communicating with your attorney. Focus on the current situation and speak clearly.

You might be concerned about how you will pay the legal costs for the court case if you require legal assistance to obtain or maintain custody of your child. Fighting with the other parent of your child could be expensive depending on the details of your custody disagreement and how litigious they are.

What Cost and How Much Are You Looking At

Depending on the level of experience, reputation, and past success in child custody disputes of the attorney you employ, legal fees can range from $350 to $400 or more per hour. A retainer, or up-front payment, is requested by some lawyers.

There are numerous ways that attorneys might get paid for their work. You pay by the hour for any time the lawyer spends working on your case; this means that every phone conversation, email, meeting, and court appearance related to your case will increase your charge.

A flat fee may be charged by some attorneys for child custody services. The flat charge will probably be lower in a straightforward, easy case than in a difficult or contested custody matter. A standard flat fee can be between $3,000 and upwards to $20,000.

Last but not least, some attorneys bill on a retainer basis. A retainer is a sum of money given up front to the attorney to handle your case. As the case develops, the attorney deducts charges from this retainer to cover them. Depending on your agreement, you can get your money back from the retainer if the matter is resolved promptly. You will be expected to pay more if the retainer is expended before the matter is resolved.

It is crucial to comprehend what is included in your attorney costs and to request a written breakdown. Travel costs, paralegal services, copying, faxes, and other fees are additional things that lawyers could bill for. Make sure the charging process is spelled clearly in your contract so you are not taken by surprise by additional costs.

Legal aid will be a crucial step if you cannot afford a lawyer on your own. Legal aid offices are nonprofit organizations that assist those who lack the financial means to pay for legal representation. If you qualify, a court may designate a representative to handle your case; contact the legal aid office in your area to find out more.

The other significant variable that affects the expense of your child custody case is whether it is contentious or not. A contested case is one where there is a disagreement or challenge over who will manage the child’s custody. For instance, the case will go to a full court trial if one party is given sole custody and refuses to cooperate or make concessions. This will necessitate depositions, court time, maybe expert witnesses, and much more.

The majority of knowledgeable and successful family law attorneys bill by the hour and want an upfront retainer (or deposit) at the start of each divorce case. In Michigan, divorce attorneys frequently charge little retainer fees.

Until the deposited retainer is used up, fees and costs will be deducted from it; after that time, the client is typically responsible for any additional fees or costs incurred. The first retainer deposit is frequently replaced as it is being used up by top divorce attorneys.

Who Carries The Cost of Child Custody

In a child custody dispute, each side is often responsible for covering their own legal costs. If one party has a significantly higher income than the other or cannot afford legal counsel, the judge might grant an exception. Depending on their income, some people may be eligible for legal aid or a pro bono lawyer.

Even while the idea of paying legal costs and employing a lawyer may seem intimidating, if it results in the greatest possible circumstances for your child, it might be one of the best investments you ever make. Or understand more about your options, you can book an initial appointment with many attorneys for little to no expense.

Although you are not required by Michigan law to engage a lawyer to represent you, a Michigan child custody attorney may be able to level the playing field, especially if the opposing party is also represented by counsel.

Cut Cost Or Get The Other Party To Pay For It

Keep in mind that the only services attorneys offer for sale are their time and counsel. Selling their time and counsel is how Michigan divorce attorneys make a living. They are no different from other licensed professionals like doctors, accountants, architects, and engineers.

This does not imply you should never speak with your lawyer. On the contrary, if you require legal counsel on your case, you should speak with your attorney. However, establish a summary of the questions or concerns you want to share before you pick up the phone and give your list significant thought. Keep the dialogue brief and focus on these issues; don’t waste time complaining about how terrible the situation is.

So based on the above premise, this is how you can save money in your custody case.

Don’t Focus Too Much On Getting a Bargain

Your objective should be to resolve the matter amicably and as quickly as you can. But don’t move too quickly. Consult your attorney regarding the time. You will require an accomplished attorney who really shares your ambitions and aspirations in order to accomplish this.

People are frequently very cost-conscious when choosing an attorney. They believe choosing one with a low flat rate or someone with little experience but who will work for less money, will save them a significant amount of money. This is a terrible blunder. Always keep in mind that if you choose to be cheap, you often get what you pay for. Cheap attorneys are aware of their value. Top-tier, seasoned attorneys are aware of their worth. 

The attorney will use their knowledge and abilities to assist you in achieving your goal of a fair settlement. But take note that “fair settlement” is used, not just “any settlement.” It should not simply be a hasty agreement.

It is crucial that your attorney has the knowledge and conviction necessary to successfully present your case in court if the opposing party cannot be persuaded to resolve the dispute on reasonable terms.

Avoid confusing your divorce lawyer with your therapist.

Divorces are very emotional events. Talking to your divorce lawyer can be quite reassuring because they are, or at the very least should be, definitely in your corner. If your attorney has handled multiple cases, they will be familiar with your side of the story, and it will be satisfying to speak with someone who recognizes the legitimacy of your case. You can develop a practice of phoning or emailing your divorce attorney frequently because it makes you feel better to do so. often each day. Occasionally multiple times per day. Unless you have unlimited funds, don’t fall in this trap. Every time you interact with your attorney, the clock is running. Like a cab meter, you will be billed accordingly.

Don’t use your divorce as a means of payback against your spouse.

The judge’s final decision in a divorce case typically does not give much weight to the question of fault in the case. This is something that good, knowledgeable attorneys tell their clients.

Judges disapprove of retaliation, spouse’s attempts to penalize the other spouse, and individuals who bring the other spouse to court without cause. Although our courts are overworked and unable to deal with the emotional aspects of divorce, they are aware that this is a difficult moment for the divorcee.

Therapy does not take place in the judge’s chambers or the attorney’s office. It is a waste of time and resources to try and involve courts and attorneys with the emotional aspects of divorce.

Be Honest, Be Truthful With Your Attorney

Every divorce attorney wants to know both the positive and negative aspects of their client. Everything related to your case, including any dirt, debts, assets, and other information, should be disclosed.

It’s likely your attorney can’t perform their duties effectively if you don’t tell them the complete truth. Attorneys don’t like to pick up new information late in the divorce process or inadvertently. You  are wasting their time and your money by doing that.

A client who is not completely honest with a family law attorney is going to end up paying more for the attorney’s services.

In a custody dispute, judges do not automatically require one parent to cover the other parent’s legal costs, although occasionally they will do so out of a sense of justice. Your attorney can determine whether the judge will grant your request for legal fees.

When determining whether to grant attorney fees, the judge will consider a number of issues.

You can try to handle your case as a “pro se” litigant, that is, without a counsel, if asking the judge to force the other parent to pay your legal bills is not an option for you. You will still need to be familiar with and abide by all of the legal requirements. If you fail to meet a deadline or make another error, your lawsuit may be dismissed.

Legal aid organizations may be of assistance, although they frequently steer clear of family law disputes. On a sliding fee system, certain nonprofit organizations provide limited legal services; the lesser your income, the lower your legal expenses will be.

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.

Is there truly a certain age at which divorce is no longer worth the trouble? Do I really want a gray divorce now?  20 or 30 years of marriage won’t really matter if you’re miserable every day as a consequence of being married to your spouse. You need to be concerned about your emotional and mental well-being.

Click here to watch the video on Do I Really Want A Gray Divorce Now?

If putting up with marriage is regarded from the perspective of resolving marital problems, there may be some rationality in tolerating marriage. The marriage should not, however, tolerate physical abuse, drug misuse, or criminal activities. The entire marital estate may be in danger in a marriage if there has been criminal behavior. These are excellent excuses for ending your marriage. In particular, if you haven’t held a job for 20 to 30 years or more of your marriage, you could be concerned about how you’ll support yourself. To ensure your financial well-being after divorce, the court can establish arrangements.

The Compelling Reasons To End Marriage at 50

In the perspective of the state of Michigan, there’s really no compelling reason to get divorce. Michigan is a “no-fault” divorce state and does not require any particular reason for approving a divorce.

The position of the state on dissolving marriage does not downplay the fact that divorce rate for couples 50 and older have steadily been increasing for more than ten years now. In fact, it has doubled between 1990 and 2010. The reasons driving divorce for young couples are driving divorce for older ones.

Persistent long-term infidelity

Infidelity will never be easy for spouses to forgive, or they may decide that enough is enough and decide to end the affair and go on with their lives. The best option for ending a relationship with an unfaithful partner is divorce. There are so many celebrity unions that seem to support this idea. Simply put, spouses grew weary with the game of hide and seek and the intermittent season of spousal infidelity.

Recurrent problems from each other’s pasts.

Unresolved problems, unacknowledged harm, or unspoken dreams can persist and now have more room and time to haunt you. There is space created by the void. Some of these wounds never fully recovered. The cause of these injuries was never atoned for. For the sake of marital harmony, we keep the dreams we had before we got married. This act of kindness undermines our sense of gratitude for being together by going unappreciated and unacknowledged. All of that is due to the fact that you haven’t talked for a very long time.

A deteriorating situation of financial difficulty.

The amount of money may appear minor, but what money means to each person individually is what fuels and heightens conflict between partners. Spenders view their use of money as a form of freedom. Money is the cornerstone of security for the thrifty.

The inadequate and hurtful communication.

In a marriage, a couple will typically switch between various communication styles. They progress to becoming dismissive, evasive, and stonewalling before developing contempt for their relationships. The eventual breakdown of a marriage appears to be strongly correlated with contempt. Communication only becomes necessary when you are not only disrespectful but also inconvenient.

The home is currently an empty nest.

Children are often the thread that holds a marriage together. After the kids move out, many couples find they no longer have any interests since they were so preoccupied with parenting and careers. If the couple can discuss these issues and communicate, the marriage will be strengthened. Many marriages terminate after the children are fully grown and living on their own. Some couples decide to put off getting married until the beloved family pet dies. A spouse may choose to retire early and go on vacation in certain situations. Because this spouse wants to keep working, the other spouse might not share this desire to travel. For both couples, the house is starting to seem empty.

What Are My Challenges Ending Marriage at 50

More than 50% of people in Michigan are now 50 years of age or older. Currently, 25% of people in Michigan are 60 years of age or older. In total that’s roughly more than 2.46 million people. So it’s a safe assumption our demographics include a substantial proportion of baby boomers. Such an aging population also has its own challenges. 

For couples considering divorce, we’re repeating what we have posted in our article, “What You Need To Know About Gray Divorce” where we talked about gray divorce, its drivers, challenges, and alternatives.

Below are the challenges we mentioned in the above-mentioned article.

Spousal support.

Support from a spouse may be contested. People argue that since extremely young children are rarely involved in gray divorces and both spouses are likely to be able to work full-time, spousal assistance should not be provided. On the other hand, if one spouse was a stay-at-home parent throughout the marriage, he or she could need more schooling or training in order to be ready for the workforce. It might be challenging to enter or reenter the workforce after the age of 50.

Child support.

Child support for an older dependent child will focus more on expenses like tuition, college housing and meals, books, car insurance, and cell phones as opposed to a younger child, for whom childcare may be a considerable expense.

When both partners are 50 or older, the likelihood of having young children in the family declines. If there are dependents, the children are most likely in high school or college. Custody and visitation conflicts are less complicated with older dependent children. Unlike an infant or toddler at a primary school or daycare, parents frequently do not have to drive them as frequently to school and activities.

A shrinking purse.

It offers your ex-spouse time to restore their financial status if you divorce early, in your 30s, 40s, or even 50s. Starting in the middle of the 1950s, long-term couples experience more difficulty recovering financially. Assets and debts are often split equally. The retirement money for a couple is currently only about half of what it once was. Recovery of the economy will now take longer. It is especially true if retirement is soon. The longer a relationship has existed, the more difficult it is for them to repair.

Limited job opportunities in the digital age.

Age discrimination in the workplace still exists despite people working longer hours and retiring later. Those who enter or re-enter the workforce in their mid- to late-50s or early- to late-60s are in serious jeopardy. The time lost cannot be made up by a spouse who raised children while remaining at home or even working part-time. The employability of persons in their 50s and 60s is declining in comparison to younger job seekers.

Gray divorcees must compete with younger workers in a competitive employment market where they can afford benefits like health insurance. Additionally, it is more difficult for someone who lacks technical proficiency in the digital age, when skill sets are changing swiftly.

Leaving the marital home.

Divorce is never easy, and leaving the marital residence is also never easy. When it comes to gray divorces, this is especially true. Even the most difficult situations can occasionally be made easier to bear in a comfortable and familiar environment. But after a divorce, it’s common for one spouse to have to leave the house, which makes the process even more difficult. It’s not always easy, not even for the spouse who gets to keep the house. After a divorce, one spouse can find it significantly more difficult to afford a mortgage, property taxes, and regular maintenance.

Do I Have Choices Aside From Divorce at 50

When a spouse in a long-term partnership suddenly enters the retirement phase, you would have plenty of free time and a lot of grandchildren too. There are most likely more justifications for your marriage to endure than against it.

Regardless of how you go about it, divorce will cost money and be emotionally draining, but there are other options that are worth considering. The reasoning for divorce laws is constructed in a way that gives spouses time to consider their options. For this reason, the statues have a cooling off time that serves as a waiting interval.

You might ask yourself if there is an alternative to dissolving marriage. We did answer that question in an article we published, “Are There Alternatives To Gray Divorce In Michigan?” where we talked about some legal alternatives to divorce.

We covered several in that article.

Private separation agreement.

A private separation agreement is a loose arrangement made by the parties outlining the terms of their separation. Despite the fact that you may believe you are divorced, there is no enforceable document in Michigan. A private separation agreement may complicate matters if the formal separation results in divorce. For instance, the “agreement” on property, the children, or support is unlikely to be maintained in court unless it is in writing. Even worse, you risk complicating a custody issue by fostering a custodial environment. A private separation agreement differs from a legal separation.

Separate maintenance agreement.

A Separate Maintenance Agreement is a type of legal separation that, in many ways, resembles a divorce. In Michigan, separate maintenance filing requirements also include residency and grounds. For child support, spousal support, child custody, and property division, the same guidelines apply. The primary difference is that paying separate maintenance doesn’t dissolve the marriage. In contrast to a divorce, the parties do remain married. A divorce that is “legal” in Michigan is one that is set up as a Separate Maintenance Agreement or Post Nuptial Agreement. The common argument for entering into a Separate Maintenance Agreement is to avoid divorce, especially where moral or religious issues are of the utmost significance.

Postnuptial agreement.

This separation agreement is commonly recognized by Michigan law as one of the most useful legal separation tools. Contrary to a Separate Maintenance Agreement, you can still be covered by your spouse’s health insurance while you are living apart. A postnuptial agreement is one that you sign after being married, just as a prenuptial agreement.

The Postnuptial Agreement may be enforceable even if the parties are not living separately during its term. To do this, lawyers first petition for divorce, after which they sign the Post Nuptial Agreement, they then dismiss the divorce case.

The Hard Questions To Ask If I’m Thinking of Divorce At 50

If divorce really is a compelling choice for you, there’s some very important questions you need to consider and to find answers. We compiled and talked about these questions in an article entitled, “Gray Divorce & Preparing To Be Alone” where we hope you can reflect about life after a gray divorce.

Just like losing someone in death forces you to deal with loss, living solo forces you to look forward to being alone. Have you considered how living alone might impact your life? The legal details of your divorce will be handled by your attorney, but they will also offer you time to think about what life will be like following the divorce.

Try asking yourself and answering these questions.

What is your income going to look like after the divorce?

Your income potential may be substantially different at 50 than it was when you were 20 or even a few years ago. On the market, different talents are in demand. You or your spouse may be reaching your prime earning years depending on your particular circumstances. On the other hand, it’s likely that as you or your spouse age, your abilities will deteriorate and your income will decline dramatically.

Can you cover your medical expenses, do you have health coverage?

Managing your healthcare and insurance could be very difficult if you won’t be eligible for job benefits and aren’t close to becoming eligible for Medicare. Individual health insurance under the Affordable Care Act (ACA) and COBRA help bridge the gap.

How is retirement going to look like for you?

Your financial struggles are made worse by having your nest egg cut in half, regardless of how many zeros are present in your total 401(k) and IRA balances. The more accounts you have, the more complicated the options for splitting them up and potentially creative ways to minimize taxes.

How is your mental health or well being right now?

In cases of elderly couples going through divorce, the potential for cognitive, psychological, or addiction difficulties having a negative impact on decision-making may also exist. In some circumstances, you might even need to consider appointing a conservator or guardian.

Do you still need to provide support for family members? How will your divorce affect your children, your family?

You have more difficulties if you are also supporting children financially. If necessary, discuss these with your spouse, children, and attorney. The emotional and social effects that a parental divorce may have on the involved adult children are equally important. Don’t take this for granted and think about whether even a few counseling sessions could be helpful for everyone. Divorce is challenging for everyone involved, even if it is peacefully ended.

Do you have clarity as to what will be life after divorce?

After many years of marriage, when a couple decides to get divorced, they must deal with not one, but two major sources of uncertainty: the possibility of living alone and the concerns surrounding the typical retirement age. What is it that you genuinely want out of this new life you have chosen? What feels and looks like a typical day in that new life? Who do you want to surround yourself with in that life—friends, family, or coworkers? Think about it and try to visualize your ideal life as precisely as you can.

Think again. Ask yourself again.

Do I really want a gray divorce now?

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.

Sexual, physical, or other forms of abuse are all quite severe accusations. It is advisable to have legal representation if you are getting ready for your first court appearance regarding allegations of child abuse. Self-representation may not be the best course of action when facing extremely serious claims or charges.

Click here to watch the video on Preparing for First Court Date for Child Abuse Charges In Michigan

It may be a risky move to decide to represent oneself, but keep in mind that there are many difficulties to be dealt with in child abuse situations. It’s possible that you were merely exercising parental discipline. Be aware that different people’s definitions of “reasonable” may vary greatly, and the word is not necessarily to be taken lightly. You need a lawyer who can help you navigate the legal system.

Michigan’s Child Protective Proceedings

Michigan’s child protection proceeding follows certain important steps, based on the underlying facts of the child abuse case:

MDHHS Order to Take and Place

The Michigan Department of Health and Human Services or MDHHS may ask the court to issue an Order to Take and Place the Child into Protective Custody if it considers that a child’s welfare is in immediate risk as a result of a threat from a custodial parent. Based on the child’s needs, such an order may be given at any time, day or night. The parent has the right to challenge the court’s order to remove the child from their care if it is issued within 24 hours following the removal. Prior to the preliminary hearing, which will be scheduled within 24 hours, the Department must submit a Petition.

MDHHS Petition

The Petition is the initial step in the child protection process if a child is not being removed urgently. The petition is the next step in the process if the judge has approved an emergency removal. Although other people are permitted to file child protective petitions, the MDHHS usually initiates the process. The petition will outline the facts and legal foundation that, in the petitioner’s opinion, justify the trial court’s exercise of jurisdiction over the child in order to ensure the child’s protection.

Preliminary Hearing or Pretrial Conference

Within 24 hours of the child being taken away from the parents’ custody, the preliminary hearing will be scheduled. Will talk more about preliminary hearing or pretrial conference in a bit.

Adjudication After Pretrial Conference

At an adjudication trial, the petitioner has the burden of proving, by a preponderance of the evidence, that one or more of the allegations made in the petition are accurate and that the court should exercise jurisdiction over the child as a result. The parent has the option of having the matter decided by a jury or on a judge-only bench. If the judge or the jury rules that the petitioner has established one or more facts and that jurisdiction should be exercised, the trial court will next make a decision.

The Court’s Disposition

The court decides what disposition to enter into for that parent and child once the accused parent has been found guilty of child abuse or neglect as a result of a child protection petition.

In the most extreme situations, the court may decide to terminate a parent’s parental rights to the child at the initial disposition. This is only applicable, though, in situations when the parent put the child at a very high risk of harm or death or engaged in serious physical or sexual abuse of the child. In all other situations, the court will compel the parents to take part in a parenting education class with the aim of reunifying the child with the parent.

The trial court will order the child to be returned home if the parent is successful in adhering to their treatment plan or parenting education, and the obstacles to reunification are eliminated.

Review and Planning Hearings

The Family Court must schedule a statutory review hearing every 90 days to assess the parent’s compliance with their treatment plan and the welfare of the child while in foster care if the parental rights of the parent were not terminated at the initial dispositional hearing in the case. 

In addition, the court must examine the child’s final aim during a hearing for permanency planning at least once every 12 months. The trial court may order that the petitioner submit a supplemental petition seeking for the parent’s parental rights to be terminated if the court determines that the parent is not moving forward with their treatment goals in a satisfactory manner.

The Preliminary Hearing or Pretrial Conference

The court must hold a preliminary hearing if it has granted permission for the emergency removal of a minor child from a parent’s custody in order to examine whether doing so would be detrimental to the child’s welfare and what reasonable measures the State had taken to prevent the removal.

If there is reason to believe one or more of the petitioner’s allegations to be accurate, the petition may be approved.

The following objectives are made possible by this first step in the legal decision-making process:

• [a] Inform the parents of the claims, their legal rights, and the procedures.
• [b] Determine the child’s risk.
• [c] Select the right venue
• [d] Understand jurisdictional details
• [e] Take into account a request for emergency protective placement.
• [f] Begin thinking about suitable relative placements.
• [g] Get the process started for gathering the child’s medical data.
• [h] Evaluate the parenting time concerns before trial
• [i] Start the investigation process

There won’t be a preliminary hearing if there isn’t a request for removal; instead, the court will arrange a pretrial meeting before the adjudication trial if the petitioner only feels that the court has to become involved to safeguard the child.

Pretrial proceedings have three goals: It offers a chance for an early resolution of the case without a trial or for the concerns to be clarified before the trial. In addition, this hearing is used to submit motions, exchange witness lists, and set deadlines for discovery. The court and the parties may then agree on a trial date. The pretrial hearing is the first time the respondent(s) are represented by counsel in various jurisdictions. Even if the law allows for more than one pretrial hearing to be convened, this rarely happens.

Because of its scheduling, the pretrial hearing can be beneficial because it enables the parties to better comprehend the case’s facts and what would be required to settle the dispute. The respondent(s) will have legal representation, the child’s lawyer-guardian ad litem will have had a chance to complete the required investigation, and the agency staff will be more aware of the factors that are crucial to the child’s welfare and the services that will be required to address those factors.

Each party should understand what is minimally required to conclude the matter, what more information is required, a tentative list of witnesses to be called in the event a trial is necessary, and an estimated amount of time to prepare for the trial while preparing for the pretrial.

The Truth About Self Representation

Since the founding of our nation, federal law has acknowledged the right to self-representation. In accordance with the rules of each court, parties may plead and conduct their own cases in any court in the United States, either alone or with legal representation.

A person or litigant who chooses to represent himself or herself is referred to as “pro per” or “pro se” litigant. The term “Pro Per” or “Pro Se” litigant refers to a person who represents oneself in court without the assistance of an attorney.

According to the law, a person representing oneself is subject to the same obligations and rules as an attorney admitted to practice law in the State of Michigan. Such a person must understand the requirements of the law and how to carry out his or her objectives in line with the relevant statutes and court rules. 

Judges and hearing officers are not permitted to give legal counsel. Many court personnel are not attorneys. Do not request legal counsel from them. Instead of seeking advice from the court employees, consult the Michigan Court Rules and Michigan legislation. The only information court employees may share is procedural information.

Self-representation is a questionable proposition despite these few benefits because there are many more disadvantages. Licensed attorneys often complete three years of legal education and have handled a number of criminal cases, so they are knowledgeable about the laws, regulations, and tactics that relate to mounting a criminal defense.

Pro per defendants are expected to be aware of and abide by these rules. Their case is frequently doomed by a lack of defense strategy. The judge won’t assist you or hold your hand. Several years in prison can be at stake in many criminal instances. If you made blunders during your trial, an appeals court won’t grant you a second chance.

Tread cautiously when invoking your right to self presentation.

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.

Attorneys typically look into known assets when they research or investigate a divorce case for marital assets. These assets may be subpoenaed by your counsel. In a divorce, there may be hidden assets. You might be suspicious that your ex is keeping money hidden. You just aren’t able to work it out. It can be difficult if your partner uses cunning to conceal it without leaving a paper trail. These occurrences do occur, as your attorney is cognizant of these tactics.

Click here to watch the video on Hidden Assets In Divorce & How Your Ex Could Be Hiding Assets In Michigan 

The practice of concealing assets is actually punishable in Michigan. If a spouse purposely and knowingly conceals assets from their spouse, they risk losing their share of the marital property. To get things started and conduct the necessary inquiry, you simply need to advise your attorney in the right direction.

Common Reasons for Hiding Marital Assets

In a divorce settlement, the state of Michigan requires a fair and equitable division of property, which includes equally sharing all marital assets and obligations. The court will take into account a number of variables when deciding how to divide property in a fair and equitable manner, therefore this does not necessarily imply that everything is equal.

Nevertheless, it’s not unheard of for one or both parties to a divorce to make an effort to conceal assets in order to avoid having to divide them with a spouse.

You may wonder what drives this behavior to conceal assets. Let’s look at some of these reasons.

Entitlement

A spouse may feel they deserve more of the marital assets because they are the breadwinner working for the whole family and the other spouse is just a stay-at-home parent not contributing to income. The other spouse may also feel entitled considering the sacrifice of suspending a career and other opportunities to take care of spouse and children.

Resentment

A spouse in pain for being emotionally or physically abused. These are issues emanating from an abusive spouse, criminal activity in the family or substance abuse disorder in the household. It could be a way for getting back at the spouse for filing the divorce. If you want to see the worst version of your spouse when he or she is resentful, try to read our articles, “What Is Malicious Mother Syndrome In Michigan?” and “How To Deal With A Vindictive Spouse During Divorce In Michigan” to get a glimpse of how low or extreme your spouse may go when they carry that pain of separation.

Desire for financial security.

A spouse is strongly motivated or anxious about their future or their financial security and would like to make sure they have some resources to live on after the divorce. The spouse may be worried about providing for the children and is ensuring some assets are protected for the sake of the children. Yes, it may be unfounded because eventually the court does provide and consider this during the property division. It still does not dispel this fear and anxiousness.

The classic garden variety greed.

The spouse may just have it in his or her nature to be greedy. They just can’t help themselves. They may have been greedy for most of their married life and this greed may actually have made the other spouse realize they had enough of it. Greed is already a reason by itself to hoard and hide marital assets from the spouse.

Making decisions based on such flawed reasoning is frowned upon by the Michigan courts. It is very obvious from the law that the split of assets must be fair and equitable. All marital assets must therefore be disclosed to the court by both parties.

Common Ways To Hide Assets

People may utilize a number of techniques to hide assets they do not want to share with their spouse. Let’s look at the many ways they will do it.

Converting and moving assets to cash.

If you have assets that are not fully documented but have a high market value, your spouse might find a way to sell it to get cash. It can be small assets but has stayed hidden for a while and commands a high present value. Once it’s converted to cash, your spouse can buy things you might not be able to trace.

Converting cash into high value portable assets.

Cash is fluid and easy to spend on. It is also difficult to hide. Your spouse can hide it by purchasing high value but portable items like jewelry, art or some form of collectibles. items that gain value through time.

Incurring or creating debt.

It is very easy to sign a document stating you owe someone money. A spouse might use this ploy to make it appear he or she has a lot of liabilities. Liabilities or debt will make it appear the net worth of the marriage is lower than it actually is.

Delaying release and receipt of compensation.

It is not uncommon for an employee to request an employer to defer the release of compensation. The employer will gladly agree to do so. Your spouse might delay the release of compensation and time it right after the divorce is concluded.

Relying on your trust.

Your spouse may not be telling you the value of certain assets or business and relying on the “trust” you have on what your spouse is declaring. We suggest you verify even if you do trust your spouse’s declarations.

Restricting access to financial records or ownership documents.

You will suddenly find it difficult to get records of ownership, titles to assets or are confronted by an irritated or angry spouse when you ask about them. If you haven’t noticed, your bank statements and credit card statements are no longer arriving in your home mailbox.

You can engage with your lawyer to learn more about your marital assets through the discovery process if you’re concerned that your spouse may have hidden money or property. In order to examine these documents, spot any unlawful behavior on the part of your spouse, and make sure that all of your marital assets are fairly appraised and distributed, you might also want to engage with a forensic accountant.

Common Approaches to Discovery of Assets

The discovery procedure is used by parties in a civil lawsuit or criminal case to obtain information from other parties, and the same guidelines are applicable in a Michigan divorce case when you’re looking to learn about any assets your spouse might be concealing. The two types of discovery procedures are as follows.

Written Discovery

You can retrieve the paperwork when you request handover of papers, including electronic records, by using:

Interrogatories: Written inquiries sent to your spouse as part of this sort of discovery, and they must be replied within a certain length of time. Interrogatories are useful for gathering information since your lawyer can use them to inquire about the existence and location of assets. There are repercussions for lying because the answers are given under oath and under penalty of perjury.

Requests for Product of Documents: You can use Requests for Production of Paperwork when you need the actual documents pertaining to the assets your spouse might be hiding. Bank statements, tax records, deeds to real estate, or vehicle titles are a few types of documents you may ask for in order to uncover concealed assets.

Issuance of Subpoenas: You can directly contact a bank, employer, or other organization that is in possession of the sought documents when you need the real documents by sending a request or subpoena.

Depositions

A deposition is a question-and-answer session where your attorney questions your spouse about the assets you own, whether they are marital or separate property. Depositions are made in front of a court reporter who records the proceedings on audio and writes it all down. Your husband takes the witness stand and is sworn in at the start of the deposition. False statements carry severe consequences and are considered perjury in legal terms.

Here are some other tips you can use outside the usual process of discovery your attorney may practice.

[a] Look for surges in expenses. If there’s a sudden rise in expenses, check the nature of the expenses. Income and cash flow statements can give you an idea if you are running a business where the cash is being spent on. Check receipts if cash or credit cards are being used. Try to verify if there’ actually cash changing hands for debts suddenly being incurred. Look into purchases of small or portable items carrying unusually high tag prices. You might find that the usual bank and credit card statements are no longer coming into the mail.

[b] Verify latest releases of spouse’s compensation. Your spouse might have requested his or her employer to defer the release of compensation so make direct inquiries with your spouse’s employer. Your spouse’s employer may not want the inconvenience of the drama and legal wrangling that comes with a divorce case, and may be all too willing to disclose information about compensation.

[c] Check for transfers of assets. If such transfers are not based on fair market value, there is likelihood no cash was actually changing hands and no real transfer took place except on paper. There is actually a law on fraudulent transfers and such transactions can be undone under that law.

[d] Check income tax filing. One of the best areas to look for proof that an asset might be hidden is in income tax filings. The sections of the 1040 labeled “Income and Wages,” “Interest and Dividends,” and “Retirement Plan Distributions” should be examined first. Schedule A should also be checked for itemized and other deductions. For any international accounts you might not be aware of, check Schedule B. If your spouse is a sole owner, Schedule C will provide you with details on the revenue and costs of the business. Additionally, Schedule E will detail any assets that can generate income, including investments, trusts, and real estate.

The process of discovery carries certain costs. These costs you need to discuss with your attorney since it drives how far and how deep your attorney can go in the process of discovery. It is not easy to dig into hidden assets and to a certain degree it may require forensic accounting to find assets hidden in the complexity and layers of financial documents.

Consequences of Hiding Assets

There are two possible consequences that could occur if it is found that a divorcing party has concealed assets from the court, and neither of them is acceptable. First, the offender may be accused of fraud, which carries a range of potential punishment.

The court’s judgment about the final property division may also be influenced by this discovery. The court might decide to give the non-defrauding spouse a larger sum of money, or it might even give them the entire hidden property. Parties who try to cheat the courts and their spouses by concealing property stand to lose much more than they would have if they had just disclosed the property in the first place.

The attorney needs to be aware of all the assets, liabilities, income, gifts made and received, gifts left in trusts, benefits granted to trusts, and inheritances. It is the lawyer’s responsibility to communicate this information to the opposing party. So, It’s time to have a serious conversation if a customer is trying to hide assets. 

Alternatively, if a client refuses to permit an attorney to disclose an asset (such as a mutual fund), the lawyer must discontinue the engagement with the client owing to a breakdown in communication. The lawyer should contact the “ethical experts” once the case has advanced past the discovery and negotiation phases since failing to do so could result in the lawyer losing their right to practice law.

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.

Allegations of child abuse can be extremely serious. How will the court handle child abuse allegations? Abuse is defined by Michigan law as the intentional mistreatment or neglect of a child. The legal definition of abuse is frequently obscure to laypeople. People no longer comprehend the true meaning of the phrase because it is repeated too frequently. 

Click here to watch the video on  How Will the Court Handle Child Abuse Allegations in Michigan?

The court would expect you to have a professional investigate it if there is actual injury to the child and it was done on purpose. Report it to Child Protective Services, or CPS, and ask them to look into it to see whether there is indeed a case. Depending on how serious the allegations are, child abuse may be a misdemeanor or even a felony.

Do You Even Know What Is Child Abuse?

The Child Protection Law as published by the Michigan Department of Health and Human Services or MDHHS defines child abuse as follows:

“Child abuse” means harm or threatened harm to a child’s  health or welfare that occurs through non accidental physical or  mental injury, sexual abuse, sexual exploitation, or  maltreatment, by a parent, a legal guardian, or any other person responsible for the child’s health or welfare or by a teacher, a teacher’s aide, or a member of the clergy.

We published an article, “What Is Considered Child Abuse In Michigan?” and discussed lengthily how the court sees child abuse as a matter of degrees.

People don’t actually use corporal punishment anymore. They don’t hit their children. They have the legal right to do so and could do so. Because some form of corporal punishment sometimes has to occur between parents and children, it is not unlawful.

But there is a distinction between disciplinary action and abuse.

If used excessively, discipline can turn into abuse. You hit your child in the face if she acts out of line and swears at you. It won’t always be anything simple like discipline. We’re talking about abuse if you use, for example, a wooden hanger on your child.

A parent, guardian, or other person responsible for a child’s health or welfare is said to have neglected a child if they act in one of the ways listed below, or threaten to do so:

[a] The failure to provide someone with enough food, clothing, shelter, or medical care.

[b] Not acting to lessen a risk to a child’s health or welfare when a parent, legal guardian, or other person in charge of the child’s health or welfare is able to do so and is aware of the risk, or should have been aware of it.

Child Abuse Investigations Are Not Easy

After receiving a report of abuse or neglect, CPS has 24 hours to either launch an investigation or, if they think it is unfounded, reject the complaint. Extremely serious incidents, such as those involving sexual abuse or a child’s death, will be reported by CPS to the police.

Child abuse investigations are not easy for the investigating authority and the individuals or family subject of the investigation. These investigations are intrusive to say the least. If you feel you might be on the receiving end of a CPS investigation, we suggest you read our articles, “What Evidence Can Be Used In A Custody Battle In Michigan?” and “Do I have to let CPS into my house in Michigan?” in our Legal Blog.

To determine if your child has been mistreated or neglected is the goal of the CPS inquiry. A CPS investigator will speak with the subject of the report and inform them of the complaint. The CPS investigator may speak with your child, you, the other parent, and other family members as part of the investigation. 

CPS may also speak with anyone else they think has relevant information. A CPS investigation can involve going to your house and looking over records like police reports, medical reports, or school reports. The investigation must be finished by CPS within 30 days.

CPS activities are funded by tax dollars. When somebody makes false claims of child abuse, what they are doing is to engage CPS into a wild goose chase wasting man-hours of investigation time. 

Better Make It Stick Or Else

The court has heard it too many times before. Child abuse allegations are always an issue brought up during child custody battles to justify having sole custody of a child. It is because of these overused allegations that courts are not too eager to hear about child abuse complaints without a prior investigation from CPS.

If you’re really serious about allegations of child abuse, the logical course of action is to call Child Protective Services or CPS. CPS will immediately initiate an investigation within 24 hours. You can immediately substantiate any claim of child abuse by merely referring to CPS investigation report. CPS will promptly inform the court if a child abuse complaint has basis or it is baseless.

A spouse falsely accusing the other spouse of child abuse so as to stall or disrupt parenting time, must think twice about keeping up with this ruse. CPS is bound to find out and will report this to the court.

Your position will be weakened in court if you keep raising child abuse issues and still held off reporting these allegations to CPS. CPS is the primary enforcement arm of the state in the protection of children against abuse. A parent who is truly concerned and has physical evidence of child abuse will not hesitate to report such matters to CPS.

If a spouse uses this ruse to keep the ex spouse and child apart. The spouse may inadvertently be cutting off parenting time without cause.

If you do that without providing any tangible proof, the only thing most likely happening is your parental rights will start to be curtailed. Your husband, who is on the other side, will submit a motion. They’re also going to say you withheld the child in violation of the court’s order.

The court has many ways of penalizing spouses who make false child abuse allegations as a leverage in child custody cases. If you have the urge to use a child abuse allegation in a child custody case think long and hard if you can actually make it stick. The court may not be very kind to you if they find out you have another agenda on your plate.

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.

You will consider two factors while discussing child support. child support’s tax implications and the amount you will really pay or give to the custodial parent. How can child support be deducted? Deduction is more of a tax expert’s word. When you discuss a deduction, you are considering the tax advantages of child support. You should consult a tax expert.

Click here to watch the video on How To Get Deduction From Child Support In Michigan?

Child support has tax advantages that are only available to custodial parents. However, reduction has to do with reducing the amount of child support. Because you are genuinely talking about child support modification, you will need a family law specialist counsel to assist you with child support. Your goal is to lower the requested amount for child support. To submit a motion for child support adjustment, you will require legal counsel.

According to a court order, one parent (typically the non-custodial parent) is required to pay the other parent child support. You and your partner have a lifelong obligation to support your children, regardless of your marital status. The child has the legal right to child support, which is intended to cover the costs of the child’s basic daily needs, such as housing, clothes, and food.

How Child Support Works In Michigan

The Office of Child Support, the Prosecuting Attorney’s Office, and the Friend of the Court office work together to deliver the services offered under the Michigan child support program.

The child support program wants to help families achieve or sustain self-sufficiency through increasing child support collections. The child support program in Michigan works with both parents to seek and enforce support orders, which helps a child get financial support, medical support, and aid with child care expenditures.

A parent or the Office of Child Support may approach the court to issue a support order (often through the Prosecuting Attorney). The non-custodial parent is typically required by the court to support the child who is residing with the other parent. The amount of child support, medical support, and child care support that a parent is required to pay is determined by the court.

In Michigan, child support is calculated in accordance with the standards set by the Supreme Court. Guidelines for child support are determined by the combined monthly net income of both parents.

The judge evaluates child support orders to ensure that the criteria are followed effectively and that the amount is reasonable. The court may choose in some situations not to base the amount of child support on the income standards.

No Tax Benefit For Child Support If You’re Paying

Although paid alimony is tax deductible, the person providing the support cannot deduct the cost of providing child support. This means that you won’t receive any tax benefits from paying child support to your ex-spouse.

You are not required to include the payments as income if you are the individual receiving child support. Despite the fact that child support is not taxed by federal law, alimony is.

The IRS prohibits paying parents from deducting child support payments. However, a dependence exemption for each child may be eligible for either parent. If parents cannot agree on who receives the exemption, the court will specify the rules in the court order.

If the parents are unable to come up with a plan on their own that enables each parent to fairly take advantage of the tax exemptions for dependent children, the court will generally establish a reasonable schedule based on each parent’s proportionate share of the total income available to support the child (or children).

There are a few restrictions on the tax exemption, though. The other parent may claim a dependency exemption if the parent who has the right to do so at the time obtains no tax benefit from doing so. A court may also deny a parent’s request for the dependency exemption if they have a history of failing to make child support payments.

In terms of the receiving parent’s taxable gross income, child support is not included. Therefore, when you declare your yearly income on your tax return, don’t include your child support payments.

Regardless of Tax Obligations or Exemptions, Pay Up, Pay On Time

You both have to follow the court’s judgment, whether you and your ex-partner reached an agreement on support payments or the court made the choice for you. Parents who fail to make the necessary court-ordered payments are in contempt of court, regardless of the reason for non-payment.

The court counts the missed payments and designates them as “arrears” when a parent doesn’t make a payment. The court may then begin the procedures for obtaining the money back through enforcement.

The custodial parent may ask the court for assistance in enforcing child support obligations if the paying parent fails to make them. If the court steps in, a judge may order the non paying parents to appear at a hearing (commonly referred to as a “show-cause hearing”) and to provide an explanation.

Delinquent parents may be subject to a range of enforcement measures, including the seizure of wages and bank accounts, the suspension of driver’s and professional licenses, the loss of a passport, and even a jail sentence.

You can request a modification of your child support order from the court if you’re having problems paying your obligations. It’s crucial to realize, however, that in order to be eligible for a review, you generally must show that your circumstances have materially changed.

Your state and federal tax refunds may also be withheld by the court to make up for late or missed child support payments.

You can request a modification of your child support order from the court if you’re having problems paying your obligations. It’s crucial to realize, however, that in order to be eligible for a review, you generally must show that your circumstances have materially changed.

Modifications to child support are not retroactive, so the new amount only applies to future payments. Noncustodial parents are still liable for any unpaid arrears. When circumstances change, you should ask for a modification right away to avoid arrearages.

Talk to your attorney about how to go about getting a modification for your child support.

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.