Michigan Court: Terminating My Ex’s Parental Rights

Can I File For Terminating My Ex’s Parental Rights?

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When things go wrong in a relationship, there are usually lingering feelings of anger and bitterness. These feelings might become much more difficult when a couple has a child together. Terminating parental rights should only be done after careful consideration and planning. However, in some cases, it is necessary to give your child a better future.

In Michigan, the termination of parental rights must be recorded and filed with the court. This article will outline your rights and the steps necessary to terminate another parent’s parental rights.

Ways To Terminate Parental Rights in Michigan

There are two ways to terminate parental rights in Michigan. The Adoption Code covers one, while the Juvenile Code covers the other.

Under the Adoption Code, MCL 710.21 governs the termination of parental rights to make the child available for adoption. This can be done with consent, or in the case of stepparent adoption, it can be done with consent, or be contested. If a dispute arises, the parent whose rights are to be revoked must have had contact with the child for at least two years and must have had the means to sustain the child but did not. If these two prerequisites are not met, the step-parent adoption cannot proceed unless all parties agree.

However, under the Juvenile Code, MCL 712.A1, the Court may revoke a parent’s rights if a child is abused or neglected. Although this petition can be brought by anybody, it is most usually brought by the Department of Human Services (DHS) and the prosecutor’s office. In some cases, the court will allow the parent to address the circumstances that caused the neglect or abuse. However, the parents will be subject to strict restrictions, court monitoring, and time limits.

Grounds For Terminating Parental Rights

Terminating parental rights voluntarily might be difficult since judges are often hesitant to do so. Someone must typically be ready and waiting to adopt the child in question. It is quite improbable that a voluntary termination will be approved if the custodial parent is opposed to it.

In the case of an involuntary termination of parental rights, the court will require definitive evidence that there are grounds for termination. Such cases are typically pursued by the county attorney, who has a strong burden of evidence. Involuntary terminations may occur in the following situations:

The child has been abandoned by his or her parent.
The parent is mentally ill or incapable and cannot raise the child.
The child was neglected by the parent.
The child has been physically or sexually mistreated by his or her parent.
The parents got divorced, and one of them is attempting to terminate the rights of the other.
The parent has been found guilty of murder or felony assault leading to the death or serious impairment of another child’s physiological functions.
The parent has failed to provide the child with sufficient care and custody.

If a parent is found to be incompetent or incapable of looking after children, parental rights may be removed. Before parental rights can be revoked, the court must conclude that the parent is unfit and that terminating parental rights is in the child’s best interest.

Seek the Advice of a Michigan Family Law Attorney

Terminating parental rights is a big decision, but it can be necessary for some situations. At Goldman & Associates Law Firm, we have the skills and experience to walk you through the process of terminating parental rights in Michigan. Give us a call today or arrange an appointment for a free consultation!

Can I Get Arrested For Child Support Arrearage in Michigan?

Can I Get Arrested For Support Arrearage?

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Child support arrears are a serious matter and should be taken seriously. All parents in Michigan are required by state law to financially support their children until they reach the age of majority. Child support, on the other hand, can be a financial burden for some. It can be difficult to keep up with support payments and all of your other financial obligations. When this happens, you could be charged with a felony, which entails serious repercussions. Therefore, how much child support arrearage in Michigan constitutes a felony?

Sanctions for Non-Payment of Child Support

If you are having trouble paying your child support, you should contact a Michigan family lawyer right away. Even before criminal charges are filed, the state will use a number of measures to collect the support owed. These may include:

Taking money out of paychecks
Putting a lien on property
Withholding tax refunds
Suspending driver’s license
Credit Reporting
Denial of a passport
Surcharges added on support owed

If you are more than $5,000 behind on your child support payments, you could be charged with a felony for not paying your child support. These charges could be brought by the Attorney General or by the county prosecutor’s office. Failure to pay spousal support in an amount equal to the child support arrears may also result in criminal charges. As stated in the statute that governs this area of the law, anyone whose child support arrears total $5,000 or more could suffer up to four years in jail or a fine of $2,000.

How to Avoid Getting Arrested For Support Arrearage

If you’ve been arrested for failing to pay child support, you should be aware that there are still options available to you. You may be able to negotiate a smaller child support payment. However, you will still be responsible for a significant portion of the amount owed. To avoid the sanctions you face, you will need to pay 50% of the arrears outstanding. In addition to your usual child support payments, you’ll have to agree to make a small payment each month to pay off the arrears.

If you’re overdue on child support payments, you need to get in touch with a Michigan family law attorney. A lawyer can advise you on your choices, which may include negotiating a lesser charge or even having the charges dropped entirely.

Seek Legal Help From a Michigan Child Support Lawyer

Child support is a legal obligation, and if you have fallen behind on your payments to the court, our Michigan child support attorneys are here to help. At Goldman and Associates Law Firm, we have the knowledge and experience to advise you of your legal options and guide you through the process of avoiding getting arrested from child support arrearage. Call us today or make an appointment for a free consultation!

Michigan Court: What To Do If Ex’s Family Is Withholding Your Child

What You Should Do If You Ex’s Is Family Is Withholding Your Child

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When a married couple with children files for divorce, the court will issue a custody order outlining the responsibilities of each parent in terms of child custody and visitation. Sadly, it is not uncommon for parents to decline the other parent’s request to visit their child, in direct defiance of the court’s custody ruling.

It might be upsetting and infuriating to be unable to see your child. Learn about your rights and legal options if your ex’s family is withholding your child.

Ex Breaks the Custody Agreement

If your ex and his or her family is withholding your child and refuses to let you see your child on occasion, you can and should be able to make up missed time with your child. There are a variety of ways to make up for lost visitation time.

For instance, when a custodial mother is withholding the child from the father, they can agree without the intervention of the court to grant the father specified make-up visitation times. However, if the mother refuses to cooperate, the father may have to take action to enforce the child custody order. Nevertheless, the father should never resort to self-help measures like taking the child without the mother’s permission or refusing to pay child support in any way.

When the other parent fails to adhere to the visitation plan and refuses to set up make-up time, you should generally seek the assistance of a child custody attorney. Your lawyer can advise you on the most effective means of enforcing the custody order.

Custody disputes are generally settled in one of the following ways:

Child custody mediation — Depending on the situation, mediation could help you and the other parent work things out. “Mediators” are neutral, trained professionals who help parents resolve custody disputes without the court’s intervention. You should be aware that mediation may not be suitable if you or your child is a victim of the other parent’s continuing domestic violence, psychological abuse, or bullying.
Court intervention — The parent who is being refused visits can file a contempt request (commonly known as “Order to Show Cause”) or a request to amend child custody arrangements with the court. Parents who refuse to allow their children to visit might be fined or even jailed by the courts if they are found in contempt of court. The judge can also change the custody arrangement to give the non-custodial parent more time to see the child.

When to Call The Police

It’s understandable if you’re tempted to call the police on your ex if he or she is not abiding by the court’s custody order. However, unless your child’s immediate well-being and safety are in jeopardy, you should avoid involving the police in your custody disputes whenever possible. When parents call in the police, they risk escalating a situation that they could have resolved on their own and diverting police resources from more pressing matters.

However, you should contact the authorities if you believe the other parent has kidnapped your child. If the other parent has abducted and taken your child across state lines or out of the country, local and federal authorities will work together to retrieve your child.

You could also be able to request the court for immediate custody and a “pick-up order,” which gives the authorities the authority to enforce the custody order. It is highly recommended that you hire a lawyer, in this case, to help you traverse the court system and ensure that you appear before a judge as soon as possible.

Contact Our Michigan Child Custody Attorneys for Help Today

Resolving child custody disputes is much easier when you have the assistance of an accomplished legal professional on your side. If your ex’s family is withholding your child, contact Goldman and Associates for assistance. Make an appointment today!

Will I Lose My Health Insurance After My Divorce Is Finalized?

Will You Lose Your Health Insurance After Divorce?

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Getting a divorce can be an emotionally draining and perplexing experience for most people. As you go through this process, there are numerous things that you will need to think about, such as the division of your assets, obligations, custody, and spousal and child support. When two people get married, they often only have insurance through one of their employers. Consider the implications of a divorce in Michigan. Should one of the parties be left without health insurance after divorce?

COBRA and its Significance to Insurance

Most of the time, only one of the spouses has health insurance through their employment for the whole family. That gives coverage to the other spouse and also any children. Divorce changes this, as no insurance provider in Michigan is willing to continue covering divorced spouses. And this is where the COBRA federal law comes into play.

Through the Consolidated Omnibus Budget Reconciliation Act (COBRA), spouses can continue getting insurance coverage from their former spouse’s employer. People who wish to keep their healthcare coverage must, however, go through a lengthy process. Although it’s common to use COBRA to keep this coverage in place, you must be aware that if you wish to keep it, you will be liable for the entire cost of your plan.

Keeping Your Health Insurance After Through COBRA

Remember that COBRA will only apply if the former employer’s group health insurance plan had at least 20 employees in the year preceding the divorce. If the company had enough employees, they must give you documents to maintain insurance coverage within 14 days after the divorce. After that, you’ll have 45 days to decide whether or not you want to keep your current insurance coverage.

Your health insurance will end after 45 days if you don’t do anything. As a former spouse, you have 60 days to notify the insurance provider that you would like to maintain your health insurance with them, or you risk losing your right to health coverage through your former spouse’s company.

While you can continue getting your insurance coverage through your former spouse’s employer, you must understand that you can’t keep that forever. Using COBRA to keep your insurance after a divorce will extend it for at least 36 months, but it could end sooner if:

you don’t pay the insurance premium,
group insurance is no longer offered by the employer,
if the business closes down,
you receive coverage through another group plan that does not impose pre-existing condition limitations, or
you qualify for Medicare.

Concerned About What Will Happen To Your Health Insurance After Divorce?

Our divorce lawyers at Goldman and Associates have decades of combined experience in the practice of family law. We can assist you with keeping your health insurance after divorce or acquiring new health care coverage. Make an appointment or contact us today for a free consultation!

Child Support: What Happens When The Child Turns 18?

Does Child Support Automatically End When The Child Turns 18?

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For a child to thrive, both parents must provide financial and emotional support. Even if parents no longer share a home, they must nevertheless work together to provide for their child’s necessities. When both parents are involved, children have the opportunity to realize their full potential.

Michigan Child Support Guidelines

With the help of the child support program, families can achieve or maintain financial stability. Michigan’s child support program helps a child receive medical and financial support, as well as assistance with child care expenses, by collaborating with both parents to obtain and implement support orders.

Child support is a court-ordered payment made by a parent to aid with the expenses of bringing up a child. It is generally terminated when a child reaches the age of 18. However, a judge can award child support for a kid aged 18 to 19 ½ if the child:

is attending high school full-time
is believing he or she has a good chance of graduating
is living with the parent or at an institution that gets the child support

Child support often comprises a base sum as well as portions for health care and child care expenses. Child support may be ordered in the following ways:

Paternity or custody dispute (if parents never got married)
Support Case
Divorce

Both parents have a legal obligation to assist their children financially. A parent cannot escape child support payments by consenting to forego parenting time (visitation) or choosing to have their parental rights revoked. Even when parental rights are revoked, a parent may be required to continue paying child support. If the other parent owes child support, you cannot restrict parenting time as a means of enforcing payment.

When Does Child Support End?

Court-ordered child support is typically in effect up until the child reaches legal age, which is 18 years old. Child support for a minor’s upbringing may be extended past the age of 18 in some cases. Post-majority child support is a type of child support that continues even after a child has reached the age of 18.

In Michigan, child support payments can be imposed until the child reaches the age of 18, or until he or she finishes high school, whichever comes first. That said, post-majority child support is only imposed when a child who has already reached adulthood is still in high school but not older than 19 and 6 months, is likely to graduate, and continues to reside with a primary caregiver receiving support payments.

Child support laws do not compel parents to shoulder some of the cost of sending their children to college. As soon as a child can make independent decisions, the financial duties of his or her parents for child support ends.

Get Legal Help from a Michigan Child Support Attorney

If you need help understanding Michigan child support laws, contact a local child support lawyer. Goldman and Associates Law Firm guarantees the best legal services with the best potential outcome. Contact us for a free consultation. Book an appointment today!

What To Do If You Haven’t Been Charged For A Crime Yet But Believe You Will Be?

What Should I Do If I Haven’t Been Charged Yet For A Crime But I Believe I Will Be?

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Many people think they might get lucky and not get caught or that the police will let them off the hook. Those who believe this are fooling themselves. When someone is accused of a felony or disorderly conduct, it is very unusual for the police not to follow up. It’s only a matter of time before the police show up at your door or flash a light in your rearview mirror.

Even if the officers are only there to talk to you or ask you questions, having them show up at your home or workplace is harmful to your reputation. It would be horrible to be arrested in front of your neighbors and coworkers and transported to jail in a police car. If you’re arrested while working, you’re probably not going to get that job again. That’s why it’s important to learn and understand what you need to do if you haven’t been charged for a crime yet but believe you will be.

What Can You Do Before Being Arrested?

Contact a lawyer immediately if you think you could be a suspect and might be questioned or taken into custody. If you hire a defense attorney, they can contact the police, arrange a meeting with them, and submit a letter informing them that you have hired legal counsel. Once the police find out you have a lawyer, they can only talk to him or her. You won’t be able to be reached by the police. You will be protected and safe. A skilled, experienced defense lawyer won’t let the police talk to you and will know how to speak in your favor.

The time before charges are filed is very important because a good lawyer can sometimes get the law enforcers or prosecutor to drop the charges. A good lawyer will know how to talk about each bit of evidence, find holes in the prosecution’s case, and demonstrate to the police that their case is weak. This makes it possible to drop the case before charges are filed.

Getting a Michigan Attorney Before You Are Charged For a Crime

There are various instances where your lawyer’s evidence against an allegation can be lost or destroyed if it is not properly documented. As a result of the length of time it takes for the police to file charges, evidence in favor of the accused may be lost, modified, or destroyed. An experienced lawyer hired early in the investigation has the best chance of protecting evidence.

If you have a lawyer before being charged, he or she may be able to get you a chance to turn yourself in voluntarily if you are charged. If you do not reach an arrangement with the court before a warrant is issued, you may be arrested and imprisoned. Self-surrendering in court with your attorney significantly boosts your chances of obtaining a very low personal bond.

Don’t wait until you’ve been charged to hire a defense attorney. You may have to stay in jail for a day or longer before you can see the lawyer assigned to you by the court. Most likely, you will meet your lawyer for the first time when you are brought to trial. Court-appointed lawyers don’t get involved until after charges are filed.

Moreover, do not hire an attorney who tells you to wait and call them back if you’re charged; this leaves you left vulnerable. Even before you’re accused of a crime, the best criminal defense lawyers recognize that you need to be protected. Having a qualified lawyer on your side might accomplish a lot of things for you right away and reduce the charges you face.

Get In Touch With Experienced Michigan Defense Attorney

Goldman and Associates have successfully represented thousands of clients under investigation for possible felony and misdemeanor charges in Michigan. If you are concerned about what happens if you are arrested, call us for a free consultation or schedule an appointment today.

9 Steps In Changing Your Legal Name

What Are The Steps In Changing Your Legal Name?

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In Michigan, you can normally change your name whenever you want, as long as you don’t do it to trick or deceive someone else. To change your name, you have to do a lot of things. These steps in changing your legal name include sending in your finalized petition, paying the fees, obtaining a criminal background check, putting out a notice of hearing, and going to the hearing.

Changing Legal Name in Michigan

For an adult (18 years or older) to legally change their name in Michigan, they must complete the following requirements:

Have lived in Michigan for at least 12 months.
Have lived in their county for at least 12 months
Not seeking a name change for fraudulent reasons
Have no criminal record (unless they can show enough legal reason to change their name)

Most applications for name changes will be granted; however, you can’t change it to a curse word, a racial slur, or a name that is meant to be confusing, like one with punctuation or numbers.

Michigan Steps In Changing Your Legal Name

Even though the process can vary slightly from state to state, the general procedures and steps in changing your legal name you’ll need to follow are outlined below.

Step 1: Fill Out The Form to Change Your Name

First, the person who wants to change their name must get Form PC 51 – Petition to Change Name – and fill it out. When the petition is finished, the person who started it should make a copy of it for record keeping.

Step 2: Get Your Fingerprints Scanned

Individuals aging 22 and older must have their fingerprints scanned and a criminal background check done. To have their fingerprints taken, petitioners need to have a copy of their Petition to Change Name and go to the nearest Police office and request a RI-8 form. The police agency will check the individual’s fingerprints to their records before sending them to the FBI for additional investigation. This takes three to five weeks. Any background check results are reported to the petitioner’s court.

Step 3: Pay The Fingerprinting and Criminal Background Check Fee

Fingerprinting costs between $5 and $10, while background checks cost $42. Payments must be done in the form of a check or money order payable to the State of Michigan.

Step 4: Gather the Necessary Documents

The petitioner must gather the following documents before visiting the Court Clerk:

Form PC 51 – Petition to Change Name
Valid photo ID issued by the state or passport
Envelope with prepaid postage addressed to home

Step 5: Submit Documents to Circuit Court

The petitioner must appear in person before the Court Clerk, introduce themselves, and submit their Form PC 51 and the self-addressed envelope. The envelope will be used to send the petitioner the notice of their court date.

Step 6: Pay The Filing Fee

Petitioners should contact their local court to find out the cost in their jurisdiction. If a petitioner can’t afford the filing fee, they can submit Form MC-20 to have it waived. Some courts allow petitioners to pay the publishing cost to speed up the name change process.

Step 7: Name Change Publication

Unless the judge identifies a basis to make a name change confidential, the petitioner should publish a notice in a newspaper. Once the name change is publicized, the petitioner must send a copy of the affidavit and notice to the court.

Step 8: Pay the Publication Fee

In some courts, the petitioner can pay the publishing fee at the circuit court. If not, the medium that publishes the name change will bill the petitioner. Publication prices vary per paper, but petitioners should expect to pay $80+.

Step 9: Attend Hearing

The court will arrange a name change hearing after receiving the petitioner’s background check. On the day of their hearing, the petitioner must appear in court and provide two (2) copies of all papers. The court will question the person why they’re changing their name and to vow it’s not for fraud. If approved, the judge stamps a court order declaring the person’s name changed (PC 52). The petitioner must then have a certified copy of the court order changing their name.

Contact an Experienced Michigan Family Law Attorney

Changing your name legally, whether due to marriage, divorce, or some other reason, can be a major life occurrence. Let an experienced family law attorney from Goldman and Associates walk you through the process and steps in changing your legal name. Set up an appointment today.

Important Things You Need To Know About Friend Of The Court In Michigan

Things You Need To Know About Friend Of The Court In Michigan

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Disagreements over child custody, parenting time, and child support are typical in several family court cases. Because of the regularity with which these disagreements emerge, legal systems have judged it necessary to appoint a specific individual to investigate complaints and charges of wrongdoing.

This individual, known as the Friend of the Court (FOC), plays a key role in Michigan family law matters, particularly on the aforementioned concerns. The FOC is appointed by the family division of the circuit court in Michigan’s numerous counties. It may be helpful to dig in deeper and learn more about the Friend of the Court in Michigan. In some instances, it may be essential for parents and interested parties to go beyond what the FOC provides and contact a family law attorney to resolve disputes.

Defining Friend of the Court

The Friend of the Court (FOC) is a court-affiliated service that gathers data for the court regarding child support, child custody, and parenting time issues. When a case involving a minor child is filed in a county circuit court, the person will be given a FOC staff with whom they will work throughout the case.

The FOC will examine the facts of your case and make suggestions about child custody, visitation rights, and support, particularly medical support. You and the other parent will be asked to complete forms and participate in in-person interviews as part of the inquiry.

Refusing to comply with the request of the FOC is never a smart move. Not only will you appear disorganized and negligent, but the information provided by the other parent could influence the FOC’s decision-making process in making recommendations.

It is critical, however, that the information you provide is properly reviewed. An experienced family law attorney can help you provide accurate and precise information in a way that is favorable to you and your children.

Function and Duties of The Friend Of The Court In Michigan

If you have a family law case in Michigan that involves minor children, you may already know about the Friend of the Court, but you may not fully understand what they do or how it affects your case.

As we’ve talked about, the FOC handles a wide range of family law, divorce, and custody disputes. These issues include, but are not limited to:

Carrying out investigations, writing reports, and making suggestions about child custody
Investigating and presenting findings on matters about child support
Examining and reporting on issues about parenting time
Resolving conflicts and legal problems between parents about child custody, visitation rights, etc.
Supplying legal papers related to family law and serving as a legal resource when an attorney is not available.
Mediating disputes over child custody and parenting time when both parents are on board with the process is an alternative means of resolving disputes
Providing custody, parenting time, and support order enforcement services

Seek Legal Advice From a Well-Versed Michigan Family Law Attorney

Inexperienced people may find it difficult to navigate, but a well-versed attorney can help alleviate some of that stress. Get in touch with Goldman and Associates today or set up an appointment if you’re having issues about the Friend of the Court in Michigan.

Michigan Divorce Process: Where To File For A Military Divorce?

Where Do I File For A Military Divorce?

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Families in the military services already face a sufficient number of obstacles. Throwing the decision to dissolve a marriage to the mix of traveling, deployments, and separation from their families is a difficult concept to swallow. As a result of these factors, getting a divorce as an active-duty soldier or as the spouse of a soldier may appear to be an arduous task.

Divorce in itself is a tough process, but when military divorce benefits enter the scene, it may become even more difficult. To make matters easier, here are a few things you should know about how and where to file a military divorce.

What Does Military Divorce Mean?

A military divorce is a unique sort of divorce that happens when one or both spouses are in the military. In order to protect military members who are unable to attend hearings, they often require additional standards to be met, and as a result, they occur less often than other divorces.

In contrast to a normal divorce, a military divorce in Michigan presents special difficulties involving both federal and state law. Special laws have been enacted to prevent active-duty military personnel from failing to answer to a divorce petition while they are deployed. The applicable law permits divorce process to be delayed during the duration of an active military member’s deployment and for up to 60 days afterward. Despite the fact that the criteria to file a military divorce are identical to those for a regular divorce, there may be discrepancies in the distribution of property and calculation of child support.

Seeking for a military divorce can result in conditions and aspects not present in civilian divorces. Before deciding to file, you should consult with an experienced military attorney if you or your spouse is a member of the armed forces, since there are certain laws that could possibly affect your family and yourself. Listed below are a few examples that our law company can help you understand better.

Benefits
Guidelines and rules for the armed forces
Division of Pensions
Residency requirements
Rights of an Unmarried Father
Property division
Serving an active officer or sailor
Service Members Civil Relief Act (SMCRA) relating to divorce proceedings

Where Should I File for a Military Divorce?

Generally, a military person can file for divorce in either the state in which he or she is deployed or the state in which he or she resided before going on active duty. To qualify as a resident of Michigan for divorce reasons, the military member must establish residency in the state for at least 180 days. If the military member’s spouse had resided in Michigan for at least 180 days, the divorce could also be finalized there.

If the divorce is uncontested, the active-duty service member may sign a waiver affidavit in lieu of receiving a summon. Furthermore, divorce proceedings may be postponed while the military spouse is on active duty and for up to sixty days after he or she returns home, unless a waiver allowing the divorce to continue is signed.

These regulations safeguard actual service members from default for failing to appear for a citation and permit them to participate in divorce hearings in order to influence the outcome. Otherwise, a non-military spouse may simply obtain a divorce and set conditions that are detrimental to the military spouse.

Seek Advice From Knowledgeable Military Divorce Lawyers

Whether you are a member of the armed forces or married to one, the best way to go with your divorce is by contacting skilled military divorce attorneys who have the knowledge and expertise to defend your best interests throughout a military divorce in Michigan. Contact Goldman and Associates or book an appointment immediately for a free legal consultation.

Things You Should Know About Breach Of Contract

What You Should Know About Breach Of Contract?

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Contracts are vital to every business. Businesses make contracts for everything. Whether the other party is a supplier, a customer, or another business in its area, they must uphold their end of the contract. When the other party breaches the contract, businesses can lose.

If a business’s contract has been broken, it most likely has legal recourse to make things right. However, keep in mind that most of these solutions will not last forever. That is why it is critical to understand what you should know about breach of contract.

Elements of a Breach of Contract Claim

To prove that someone has broken a contract, you need to prove the following:

There is a contract in place,
The other party breached the contract, and
A party suffered damages due to a breach of contract.

Every part of a breach of contract claim has several aspects that your lawyer may need to investigate.

Element #1: Demonstrating the Contract’s Existence

To establish a breach of contract in Michigan, you must first show that there was a legal contract in the first place. The other party may claim that the contract is invalid if they are trying to escape their duties.

Element #2: The Other Party Violated the Agreement

To demonstrate a breach of contract in Michigan, you must show that the other party failed to uphold their contractual responsibilities in a significant way. You must, however, be aware of many defenses to a breach of contract claim. Having an attorney on your side can help you foresee these defenses and choose the best way to counteract them.

Element #3: You Sustained Losses

Damages are the final part of a breach of contract suit. Even if you can show that the other party broke the contract in a big way, you still have to show that the breach caused you real damage. For instance, suppose a caterer backed down on an arrangement to serve 1,000 meals for an event you were organizing. If you were able to locate another provider to serve the same food for the occasion at the same cost, it will likely be difficult to prove that the caterer’s breach caused you harm.

Michigan’s Statute of Limitations for Breach of Contract

Like most business lawsuits, breach of contract claims have statutes of limitations. A statute of limitations limits how long a person or entity has to file a claim following an incident. Under Michigan’s statutes of limitations for breach of contract, a party usually has six years to file a claim. Notably, several types of contracts have different restrictions on time than this one.

However, Michigan contract law imposes varying timeframes for a few types of contracts. These time limits can be anywhere from two to ten years, so you should talk to a contract lawyer to find out which one applies to your claim.

Seek Advice From a Knowledgeable and Experienced Michigan Lawyer Today

Goldman and Associates represent both individuals and businesses of all shapes and sizes. We are well-versed in Michigan’s contract law and can provide you with all the pertinent information you should know about breach of contract. Call or book an appointment today to tell us more about your situation and find out what we can do to help you.