Alimony In Michigan

Alimony is financial support that a person is ordered by a court to give to their spouse during separation or following divorce. In this blog, we will be going over everything you need to know about alimony in Michigan. If you have any more questions about alimony call Goldman and Associates to learn more.

Alimony

There are two kinds of payments you might pay/ be paid. It is called alimony when a payment is made while the marriage still exists. When the payment occurs during the divorce process or is a part of the final divorce agreement, it is known as spousal support. If either spouse is made to pay, it will likely be the less wealthy spouse. The amount is generally left up to the court’s discretion. The Michigan family court will consider the following factors when determining the amount.

The relationship and conduct of the former spouses
The length of the marriage ( a longer marriage might mean one of the spouses has less independent earning power)
The ability of either spouse to work
The type and amount of property that was awarded when the marital property was divided (a generous award might mean less generous support payments)
The paying spouse’s ability to pay. (Family courts typically try to avoid bankrupting people.)
The needs/health/situation of either spouse
The prior standard of living of either spouse. (The rule of thumb is that the court will try to give the spouse being paid the “standard of living to which he/she has become accustomed)
The contributions each spouse made to the marital estate Any fault by either party (abuse, adultery, etc.)
How living together affected each spouse’s financial situation (cohabiting is a great way to save costs) General principles of fairness

In Michigan family court you are likely to see one of three types of payments: permanent (periodic or lump sum), rehabilitative, and reimbursement. Which type you encounter depends on a number of circumstances such as the relative incomes of the spouses as well as the role both played in the household leading up to the divorce.

What is “permanent” support? Can it be terminated?

Permanent Support is a payment given to one spouse because they lack the means to support themselves. This will either take the form of regular payments made to the other spouse for the remainder of their lifetime or one “lump sum” payment. This payment will automatically terminate if the receiving spouse dies or remarries. By definition, the “lump sum” cannot be modified or terminated. The only exceptions are the retirement of the receiving spouse or proof of fraud. At that point the spouses may end up sharing retirement income or a pension, in which case the support payments will be canceled. Permanent spousal support is more likely to be awarded in long term marriages, especially if one of the spouses is at or near retirement age and has little in the way of job skills/experience.

What is “Rehabilitative” support? Can it be terminated?

This is a “periodic” payment made for a limited time so that the other spouse can gain the skills to become self-supporting. Due to its temporary nature, rehabilitative periodic spousal support is relatively easy to terminate. All the paying spouse has to do is persuade the judge that their former spouse is rehabilitated and can take care of themselves. This type of support terminates automatically when the receiving spouse gets remarried or if either spouse dies. This makes sense given that this support is meant to give that spouse help that the now estranged husband was giving them. Once the receiving spouse gets remarried it is assumed that their husband is now giving that support.

What is “Reimbursement” support? Can it be terminated?

A reimbursement support payment is sometimes ordered by the court when there is a situation where one spouse supported the other while they earned a degree or a professional license. The amount is based on how much help the supporting spouse gave, not the value of the degree license. Due to the fact that it is a one-time payment, this type of support may never be terminated and can be inherited by someone else upon the receiving spouse’s death. It will also be paid even in the event of the paying spouse’s death.

Conclusion

The most reliable way to make sure everything is fair is to write up a premarital agreement that discusses spousal support. It goes without saying that you should make sure that the type and amount of support is what you want and deserve. If you believe spousal support will be decided in court, then things will get a bit more complicated. In any case, you should keep relatively detailed records of your, and your spouse’s income before and after getting married. The last thing you want is to give your spouse an opportunity to push arbitrary and made up numbers for their own benefit. Furthermore, having documentary proof will make your own arguments more persuasive. Be aware that if your spouse draws down their own career in order to spend more time at home, that will likely mean that they will receive support from you if the two of you divorce. Obviously, the reverse is true if your spouse ends up playing the role of breadwinner. You should also be aware of the extent to which your spouse assists you in pursuing education, acquiring property, etc.

These can result in an order of support even if your spouse has greater income and even if you suffered a loss of income as a result of getting married. Keeping all of this in mind going into a marriage, you can then determine to what extent it is appropriate for you and your spouse to arrange your new life as a married family in order to affect the outcome of a hypothetical property division in a divorce. Although it is entirely possible that you and your spouse won’t actually care that much and will (hopefully) just come to an agreement amicably if it ever comes to that.

Our attorneys will give you the outcome that you desire, we understand how important this kind of matter is to you. For more information on Spousal Support in The State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about spousal support in Michigan.

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DUI/OWI/OWVI In The State of Michigan

If you or somebody you know has a DUI then this is the blog for you. It is important to be informed about DUI and other Michigan driving laws. Goldman and Associates has all the information you need to know about Michigan laws. If you need help with any DUI

DUI stands for driving while intoxicated. It is a common term for drunk or inebriated driving. In Michigan the official term is OWI (operating while intoxicated). You can be convicted of OWI if you drive an automobile while under the effects of alcohol or any other intoxicating substance.

There is also another crime called OWVI (operating while visibly impaired), which can be charged if the prosecutor can prove that there was visible proof that your ability to safely drive was hindered by the effects of alcohol or drugs. While there are certain safe levels of alcohol consumption that will not result in a DUI, the presence of any amount of a schedule 1 drug is automatically illegal. Due to the fact that driving is such an important activity in today’s society, it is important to know how OWI/OWVI works and what the consequences can be.

Penalties for an OWI/OWVI conviction

The first OWI/OWVI offense can land you up to 93 days in jail. The fines for an OWVI are capped at $300. If you blow a blood alcohol level of .17% or higher, the maximum jail time for OWI jumps to 180 days (nearly double). Standard fines for OWI are $100-$500 dollars, but a .17% BAC will also boost that to $200- $700. The penalty for a first time OWVI conviction cannot exceed $300. OWI and OWVI can also be punished by up to 360 days of community service. The second and third offenses for OWI and OWVI will also result in the confiscation of your license plate and the denial of vehicle registration.

For a first-time OWI conviction, the prosecutor must prove that had a blood alcohol level of at least .08%, or that you were severely impaired. An OWVI conviction only requires the government to prove that you were visibly impaired. There is no specific rule about how the government may or must prove this. The police officer who issued the citation can simply testify at trial. If either the judge or the jury is convinced by this testimony that you were visibly impaired. The level of impairment for OWVI is actually less than that of an OWI charge. Any level of impairment even slightly below the ability level of a normal, careful, driver is sufficient. The penalties for OWI tend to be more severe, mainly because it either involves much worse intoxication or the fact that blood alcohol content is a more objective measure of impairment. These penalties are all for a first time OWI/OWVI. A repeat offense will likely result in even harsher penalties. If you have no OWI/OWVI convictions for seven straight years, your record will be reset to zero and your next conviction will be considered a first-time offense.

Can I have my license suspended for OWI/OWVI?

Yes, you can? For an OWVI, your license will be “officially” suspended for 90 -180 days. However, a restricted license will be available immediately. A restricted license will allow you to retain limited driving privileges. You will have to get an Ignition interlock device (stops the car from starting if it detects alcohol) installed on your car. An OWI carries a 180 day (6 month) suspension and you have to wait at least 30 days (1 month) to get a restricted license. If you blow .17% or higher on a BAC test, the suspension will last for 1 year and the waiting period for a restricted license is increased to 45 days. The first OWI offense is worth six points. The first OWVI is worth four points. The second and third offenses (in a seven year period) are worth an additional four or six points respectively. The court has the option to immobilize your car for six months and can even have the vehicle forfeited completely. The penalties for OWI can easily outweigh the punishments usually dished out for comparatively more serious offenses.

A brief overview of asset forfeiture

Asset forfeiture refers to any process whereby the state or federal government confiscates someone’s property for reasons other than taxation or eminent domain. Depending on context, asset forfeiture can either be criminal or civil. Criminal asset forfeiture occurs when property is confiscated as a result of a criminal conviction. This typically occurs when the confiscated property was used or involved in the crime. Civil asset forfeiture, by contrast, does not require the criminal conviction of the property owner. In some cases someone’s property might be confiscated because someone else committed a crime that involved that property. It is for this reason that civil asset forfeiture is a highly controversial issue.

In the context of impaired driving, and vehicle confiscation that is a direct penalty of an OWI/OWVI conviction is a criminal forfeiture. However, in the rare case where the vehicle was seized before the trial, then the forfeiture is civil. In those cases the state of Michigan will allow the vehicle’s owner to petition for the vehicle to be temporarily returned to their possession. The defendant will have to prove to the court that the vehicle is necessary for them or their family to use. If the defendant abuses this privilege by selling or concealing the vehicle in order to avoid forfeiture, they will be charged with an additional misdemeanor. In the wake of recent reforms to the asset forfeiture law of Michigan it is unclear if the state of Michigan will continue to confiscate vehicles prior to conviction. When the prosecutor wants to confiscate a vehicle post-conviction, they must file a petition within 14 days of the conviction. This petition must give notice to anyone with an interest in the car. A forfeiture hearing will be held within 21 days of the petition being filed. If the confiscated vehicle was leased, it can be returned to the lessor without the consent of the defendant.

Refusing a breathalyzer test

It might seem strange for a lawyer to tell you to actually give evidence to the police, but any Michigan attorney who knows anything about Michigan traffic laws will tell you the same thing. Under Michigan law, all drivers on Michigan roads have given their implied consent to chemical testing when ordered by a police officer with reasonable grounds to ask for a test. If you are ordered to submit to a breath test and refuse to do so, you can face severe penalties under Michigan law. A reused test is a civil infraction that carries fines of up to $150. If you are under 21 years of age, you will have 2 points added to your driving record.

Your license will be suspended for a year, and the police officer may even confiscate or destroy your physical license. If that happens, you will be given a paper permit that is valid until after the hearing where you can contest the suspension. A second refusal in a seven year period is an automatic two year license suspension. The main takeaway here is that you are not legally allowed to refuse a police-ordered breathalyzer test if you drive on Michigan roads. A court order is still required to compel someone to submit to a blood test.

Conclusion

Do not drink and drive or drive under the influence, these kinds of actions may lead to the injury or even death of you or other people. Goldman and Associates strive for safety and justice. Not only is it incredibly dangerous to drive under the influence, but these risks and costs should also serve to dissuade you. Remember that drinking and driving is dangerous and it can cost lives.

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Common Traffic Mistakes In Michigan

When driving there are many things to keep in mind, the law of the road is long and there are many elements to know about. In this blog we will be going over common traffic law mistakes and how you can protect yourself on the road legally. Adopting the practices of defensive driving is really the only reliable way to minimize your odds of getting a speeding/traffic ticket. That and not intentionally breaking the law. If you don’t believe me just remember that the State of Michigan is willing to remove points from your record if you agree to learn about defensive driving. Here are just a few tips to help you on the road.

How To Avoid Tickets and Traffic Violations

Here are some ways you can prevent getting a traffic ticket in Michigan.

Don’t tailgate: Always leave a safe and healthy distance between you and the car in front of you. This is also a good way to avoid speeding.
Match the speed of traffic: This is really the only way to safely drive even a mile above the posted speed limit. If everyone in front and behind you is also doing it, chances are you won’t be the one who gets pulled over.
Use your turn signals properly: This is just a good idea in general. The only thing worse than getting pulled over is getting into a car crash.
Take your car into the shop when you accumulate enough miles: In other words, perform adequate maintenance. The law also requires your car meet certain mechanical standards as well. A broken taillight is just as illegal as not using a turn signal.
Keep focused on the road ahead of you: the essence of defensive driving is anticipating sudden hazards like children crossing the road or cars slamming on the brakes.
Mind the weather: Go slightly below the speed limit if it is raining or snowing.
Don’t drive while stressed or exhausted: Any condition which hinders your ability to drive safely can result in a ticket or car accidents. Never get behind the wheel if your body and mind aren’t up to the task

Here are just a few mistakes made by people who are given traffic and speeding tickets:

Refusing to fight it at all: Even if it’s just you in court making a weak argument, it can often be worthwhile to at least try to contest the ticket. The officers who hand out tickets and the equipment they use are not infallible
Failing to even consult an attorney: While it may be true that, barring a misdemeanor/felony or the loss of your license, the penalties for a speeding/traffic ticket usually aren’t as costly as hiring a lawyer. That being said, it can be helpful to at least sit down with a defense attorney for one meeting to discuss your case, even if they never end up representing you in court.
Refusing to submit to a breathalyzer test: Under Michigan law, all people who use public roads are presumed to have consented to any and all alcohol tests administered by police offers. Refusing to comply means an automatic two points will still be added to your record. Furthermore, your refusal will be used as evidence that you actually were intoxicated at the time.
Driving recklessly: The best way to get out of a speeding or traffic ticket is to never receive one in the first place

Make sure the officer is telling the truth

Nothing will sink a prosecutor’s case faster than proof that the arresting/charging officer actually lied about something. A good example of this might be an officer writing down the results for a breathalyzer test that was never administered. They are rarely as obvious as this example, so it would be highly advisable for defendants and their attorneys to be vigilant.Telling your side of the story doesn’t help you if the story you tell still counts as whatever infraction you have been charged with.

Conclusion

When it comes to encounters with the law, the most common cause is a traffic or speeding violation. The average person may never be arrested for any other crime, but will likely have several encounters with a traffic cop and at least one speeding or traffic ticket. Therefore it is important to understand the traffic and speeding laws of your state, as well as how to protect yourself if you find yourself at the wrong end of one.

For more information on Traffic Laws In the State of Michigan watch the video below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions.

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Everything You Need To Know About High Asset Divorce In Michigan

When you hold multiple assets and a substantial amount of money in your account, divorces can take a sharp turn and become a high asset divorce. In this blog we will be going over everything you need to know about High Asset Divorces in Michigan. When there are a lot of assets involved there may be pension plans, multiple homes, or property, and these things might make it difficult to determine the true value.

There may be assets that even have a fluctuating evaluation which can make it difficult when it comes to the division of these assets. When we divide assets, oftentimes there are assets whose value is a matter of dispute which can present challenges. Read more to learn everything you need to know about high asset divorces.

What is a high asset divorce?

A high asset divorce in The State of Michigan is when there is $1 million or more in liquid assets and there is a large amount of property and other assets. There is a huge difference between the complexity of a divorce case involving assets and a case with no assets. When there are assets involved the best possible choice is to try to work with the other party to come to some kind of agreement so that the process can go much smoother. In reality, this is very difficult to do especially with high assets, this is why you need an experienced lawyer.

Don’t hide your assets

The instinct, however wrong, of those with high assets is to generally run and start hiding or moving money, property, stocks or other assets. This is the wrong thing to do and will backfire on you. Both spouses are required to be completely transparent with their assets. If you suspect that your spouse is not going to live up to that obligation, then it is imperative that you take steps to prepare. If you are able to demonstrate in court that your spouse hid any of their assets, then the court is likely to award the entire asset to you as punishment for your spouse’s misconduct. Hiding assets can be done in a variety of ways. Sometimes financial documents are literally hidden away. A spouse might convert cash into property like art or jewelry. There have also been cases where a divorcing spouse has used marital funds to pay off fake debts. Funneling cash into individually owned businesses is another common tactic. In order to detect asset concealment, you should obtain copies of all of your spouse’s income tax returns and all of their financial records. Although this may result in elevated legal fees if you are utilizing the services of an attorney, it will almost certainly be worthwhile in a high-income divorce.

Assets and Property

It would be highly advisable for both you and your spouse to compile a detailed inventory of all of your property and assets. If both of you sign this document and submit it to the family court, then the court is much less likely to demand a greater investigation or ask for more evidence from either of you. This is a great way to speed up the process. As an added bonus, you won’t have to pay your attorneys as much to help gather or demand evidence of assets.

Marital debt is distributed along with property, albeit using different standards and procedures. The court will generally strive for fairness in the distribution. This typically means that the marital debt is divided roughly equally. However, the judge might opt for a more lopsided distribution if they felt it would be fairer to do so. It is highly unlikely that one person will receive 100% of the assets and one person will leave with nothing. Despite the fact that Michigan is a no-fault divorce state, the truth is that fault can be relevant to some property, alimony and other issues. The court may not be equal about it, it may be something along the lines of a 60-40 split, but you don’t see 90-10 split in these scenarios from Michigan courts. In the majority of cases the distribution will be even.

The first and most important thing you can do going into a divorce in order to have a more favorable property distribution is to have either a premarital agreement that memorializes the desired arrangement of you and your spouse or a separate document signed by the both of you which declares the particular designation of marital and separate property which is most likely to result in the desired distribution.

Conclusion

If you want to preserve your assets, there are things that can be done in order to preserve those assets from your soon-to-be ex. Don’t hide any of your assets or try to put all your money into stocks or other savings accounts, this will only hurt you in the long run and the court will find out. Be truthful and tell your attorney about all the assets you own and give all the information needed by the attorney. In a high asset divorce, you will need a skilled attorney that will get you the best results.

If you need more information on High Asset Divorce or Marital Property or if you have any questions regarding divorce in The State of Michigan contact Goldman and Associates Law Firm. At Goldman and Associates, our attorneys are experts in family law and they will thoroughly examine all aspects of your divorce. With the best lawyers in Michigan, Goldman and Associates takes each and every case very seriously and gives you the outcome you desire.

For more information on high asset divorce in the State of Michigan watch the video below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about domestic violence in Michigan.

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High Asset Divorce Process

Divorces are challenging and the process can be long and difficult. High asset divorces may even take longer because of how much assets are involved. Trying to evenly divide assets in a high asset divorce can be hard, but with this blog there is nothing to worry about. Goldman and Associates works to get you the best possible outcome. Check the Goldman and Associates Law Firm Youtube channel, with over 400 videos on all legal matters you can learn everything you need to know about your case!

High Asset Divorce

A high asset divorce is a divorce that involves a lot of property and where the parties are holding many stocks and investments. In order to file for divorce in Michigan you must be a resident of the state for at least 180 days (six months) and a resident of the county where you file for divorce for at least 10 days. An important thing to note is that both spouses do not need to participate in the divorce proceedings. While the person filing for divorce has to provide notice to the other spouse, the other party does not have to respond in any way unless they wish to contest some issue of the divorce. The other spouse’s permission is not required, and they cannot simply forbid it. In order for the other spouse to prevent the divorce, they must make their own demonstration to the judge that an irreconcilable breakdown in the marriage has not occurred.

Contested vs Uncontested

A divorce is uncontested when both spouses agree to the divorce, and there is no dispute about alimony, custody, division of property, etc. This results in an agreement being settled between them that will usually become the final divorce judgement. While this can save a lot of time and money, it will not shorten the minimum duration of six months if there are children involved.

Furthermore, there will still be at least one hearing where the question of marital breakdown will be considered. Furthermore, a family court may ignore or reject such an agreement between spouses regarding child support or custody if it believes that the agreement is not in the child’s best interest.

In a high asset divorce, your best chance for a fair and smooth process is to have an uncontested divorce. This involves coming up with an agreement with the other party to equally share the assets with no disagreements. This may be challenging but it will make the divorce process much easier. An important thing to note is that both spouses do not need to participate in the divorce proceedings. While the person filing for divorce has to provide notice to the other spouse, the other party does not have to respond in any way unless they wish to contest some issue of the divorce.

The other spouse’s permission is not required, and they cannot simply forbid it. In order for the other spouse to prevent the divorce, they must make their own demonstration to the judge that an irreconcilable breakdown in the marriage has not occurred.

Conclusion

A high asset divorce requires a skilled attorney that can get you the outcome you desire. When there are a lot of assets involved there may be pension plans, multiple homes, or property, and these things might make it difficult to determine the true value. There may be assets that even have a fluctuating evaluation which can make it difficult when it comes to the division of these assets. When we divide assets, oftentimes there are assets whose value is a matter of dispute which can present challenges. If you need more information on Divorce in The State of Michigan contact Goldman and Associates Law Firm. At Goldman and Associates, our attorneys are experts in family law and they will thoroughly examine all aspects of your divorce. With the best lawyers in Michigan, Goldman and Associates takes each and every case very seriously and gives you the outcome you desire.

For more information on divorce in the State of Michigan watch the video below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions.

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Michigan Traffic Law

Goldman and Associates focus on family law, personal injury, and traffic law. If you have any questions about any of these topics contact us today and we will be happy to help. If you are driving every day it might be good to know about Michigan traffic laws and what rights you have when driving. This blog will be going over everything you need to know about traffic laws in Michigan.

The essence of Michigan’s basic speeding law is that a motorist must always drive at a safe and reasonable speed, depending on the circumstances. A safe and reasonable speed is one which allows the motorist to come to a stop within a reasonable distance (i.e. before colliding with the car driving in front of you). Even if the sign says 60 mph, if there is fog everywhere and ice on the road, then driving at the posted speed limit could still be considered speeding. On the other hand, driving too slowly can also be unreasonable and dangerous. Driving 3 mph when the sign says 50 mph would also violate the basic speeding law even though it isn’t technically “speeding”.

Speeding

The general rule for the Michigan speed limit is decidedly more straightforward. You can be charged with speeding if you are traveling even 1mph above the speed limit. That being said, most traffic enforcement officers have better things to do than pull over every motorist who goes that fast. It should also be noted that the “speed limit” is not limited to the number posted on the sign.

Different types of roads have default speed limits under Michigan law. These are the designated speed limit unless a physical sign indicates otherwise. Examples of these default speed limits include:

Business districts: 25 MH
Residential districts: 25 MPH
Boundaries of a public park: 25 MPH
Truck lines and county highways: 55 MPH
Gravel highways: 55 MPH
Limited access freeways: 70 MPH

In addition to points on your record, a speeding ticket is usually punished with a fine. Typical speeding fines are as follows:

Driving 1-5 MPH above the limit: $90
Driving 5+ MPH over the limit: $100
Driving 26+ MPH over the limit: $155 plus an additional $4 for every additional mile

Speeding is considered a civil infraction. The court can also impose an additional surcharge on top of the fine, which usually goes towards certain public programs. A severe enough speeding offense can be charged as reckless driving, which is a misdemeanor punishable by 93 days in jail and/or fines of up to $500.

Traffic Tickets

Traffic tickets and violations typically cover any other automobile related offense other than speeding. Everything from failing to use a turn signal to vehicular manslaughter. A few examples of traffic infractions include:

Failing to use a turn signal (subject to fines of up to $95
Failing to obey a stop sign or stop light (note: yellow light means stop if it is safe to do so) Failure to stop for a school bus (fines of up to $180) Improper U-turns (fines of up to $100) Failure to provide another driver their right of way
Hit and run (might be either a misdemeanor or a felony)
Faulty vehicle equipment (suck as a broken taillight or turn signal)
Failure to wear a seatbelt (front seat passengers, and all children between the ages of four and fifteen must wear one)

Conclusion

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Michigan DUI

MICHIGAN DUI/OWI/OWVI

Penalties for an OWI/OWVI conviction

The penalty for a first time OWVI conviction cannot exceed $300. OWI and OWVI can also be punished by up to 360 days of community service. The second and third offenses for OWI and OWVI will also result in the confiscation of your license plate and the denial of vehicle registration.

How many points will I get on my license for OWI?

The first OWI offense is worth six points. The first OWVI is worth four points. The second and th ird offenses (in a seven year period) are worth an additional four or six points respectively. Having 12 point or more on your lience is extremely bad and can affect your life.

Can I have my license suspended for OWI?
Yes, you can? For an OWVI, your license will be “officially” suspended for 90 -180 days. However, a restricted license will be available immediately. A restricted license will allow you to retain limited driving privileges. You will have to get an Ignition interlock device (stops car from starting if it detects alcohol) installed on your car.

An OWI carries a 180 day (6 month) suspension and you have to wait at least 30 days (1 month) to get a restricted license. If you blow .17% or higher on a BAC test, the suspension will last for 1 year and the waiting period for a restricted license is increased to 45 days.

Are there factors which can make an OWI conviction worse?

Yes, there are factors which, if proven, can result in an enhancement of the normal penalties or consequences of a first time OWI/OWVI conviction. One such factor is blowing . 17 or greater on a BAC test (mentioned above). Another exacerbating factor is having a passenger younger than 16 years old when you commit an OWI/OWVI offense will result in enhanced penalties.

The fines jump to $200 -$1000, and the maximum jail sentence increases to up to 1 year. The court can also impose 30 to 90 days of community service. This will also increase the suspension period to the maximum 180 days and the waiting period will jump to 90 days. The presence of a young passenger makes either immobilization or vehicle forfeiture mandatory. If the Judge doesn’t order a seizure, then the court will automatically order immobilization as a matter of law.

Conclusion

If you caused an accident that resulted in injuries while driving with a suspended license, the fines will jump to $1000-$5000, and the maximum jail sentence shoots up to 5 years (i.e. a felony). If the accident results in death, the fines can range from $2500-10,000 and the prison term can last up to 15 years. Felony convictions can have serious lifelong consequences. They can completely ruin your job prospects and make it illegal for you to own or carry firearms for the rest of your life. Causing death or serious injury as a result of driving while intoxicated is a felony identical to causing the same with a suspended license. If your license is suspended, you get drunk, and cause an accident involving injury or death, you will likely be charged with two separate felonies with doubled up penalties.

Even without considering all of these daunting criminal penalties, the suspension of the license itself is a huge loss and burden to anyone who lives and works in Michigan. Just imagine everything in your life that depends on having a car. Now that you have a better understanding of the importance of your car, you will think twice before driving it while intoxicated. Not only is it incredibly dangerous, but these risks and costs should also serve to dissuade you. Remember that drinking and driving is dangerous and it can cost lives.

For more information on DUI in the State of Michigan watch the video below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions.
Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428
For more information visit:https://www.akivagoldman.com/michigan-legal-blog/michigan-divorce-lawyer/
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Family Law Q and A

This blog will be going over some basic questions regarding family law in Michigan. If you have any questions about divorce, custody or other legal matters contact Goldman and Associate and let us help you through your case.

What does a valid legal marriage require?

A valid marriage in Michigan requires a marriage license and solemnization. The license must be acquired first. No blood tests are necessary, but you will be given educational materials on HIV and other STD’s. After applying for the license, there will be a 72 hour waiting period before you actually receive it. A valid solemnization is simply a ceremony performed by a valid officiator. Any of the following can perform a valid marriage in Michigan:

An ordained minister (Priest, rabbi, imam, etc.)
Judges
Court clerks
Justices of the peace
Mayors of Michigan cities

Now that I am in the process of getting married, what can I do now to increase my odds of getting what I want in the event of a divorce?

It can be unpleasant to think about your happy marriage ending in a divorce, but sometimes that foresight is rewarding. If you find yourself contemplating such things, there are a couple of things that you can do now to hedge your bets.
Keep accurate documentation of all of the family finances. This is the information that will be used to determine spousal and child support, as well as the division of property. The last thing you want to do is leave that information ambiguous thus allowing your spouse and their attorney to submit their own numbers which might be more favorable to them
Take care how you allow the parental duties to be divided. If you are dead set on getting sole custody or joint custody, the last thing you should ever do is allow your spouse to be the only direct caregiver and relegate yourself to being the breadwinner. Shared parental responsibilities generally result in more equal shared custody in the event of a divorce.
If you and your spouse have any preferences about how a hypothetical divorce should take place, then you should record those preferences in a premarital agreement (also known as a pre -nuptial agreement or a pre-nup). A divorce judge is likely to make this agreement into the final divorce order even if the normal rules and standards for deciding the many facets of divorce would normally direct them to do something different. The only exception is child custody (and to a lesser extent child support) which will be determined primarily by the best interest of the child.

Divorce

You do not have to live separately or have a legal separation in order to file for divorce. Living separately is only a requirement if you have already obtained a legal separation. In the case of divorce, you may remain married and live in the marital household until the moment the final divorce order is handed down by the judge.

If my spouse has served me with divorce papers, how should I respond?

Technically you don’t have to respond at all. Given that Michigan is a no-fault divorce state, your spouse can see through their divorce from you without any input from you unless you either challenge the divorce or have children. If you wish to challenge the divorce, then you must file an answer which challenges the assertion that the marital relationship has irrevocably broken down.

The complaint from your spouse also contains your spouse’s initial claims in terms of custody, spousal support, and child support. If you agree with their idea to get divorced, but disagree with these claims, then you must file a counterclaim. If you fail to respond, you run the significant risk that the judge will grant all of your spouse’s requests. However, filing a counterclaim may create complications if you decide not to get divorced later.

What If I don’t want a divorce, but no longer want to stay with my spouse?

In the state of Michigan, divorce is not the only method for ending/dissolving a marriage. There are two other methods that are both very different. It is important to understand these differences so that you can make an informed decision about which path is right for you and your family. Some families have a religious objection to divorce. For this and other reasons, a couple might pursue a separate maintenance (i.e. a legal separation) in lieu of a divorce.

These are extremely rare occurrences. The only difference between an action for separate maintenance and a divorce is that the parties will be prevented from remarrying. However, if one of the parties files for divorce, the family court will default to the divorce and toss out the action for separate maintenance.

Conclusion

Divorces and family law can be challenging and getting the right attorney is half the battle. Get the right information with Goldman and Associates, read more of our blogs and check out our Youtube channel that has over 400 videos relating to everything family law. If you need more information on Divorce in The State of Michigan contact Goldman and Associates Law Firm. At Goldman and Associates, our attorneys are experts in family law and they will thoroughly examine all aspects of your divorce. With the best lawyers in Michigan, Goldman and Associates takes each and every case very seriously and gives you the outcome you desire.

Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428

For more information visit:https://www.akivagoldman.com/michigan-legal-blog/michigan-divorce-lawyer/

You can give us a call for a FREE phone consultation at (248) 588-3333

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Non-Marital Children And Paternity

In this blog, we will be going over non marital children and paternity in Michigan. If you are going through a divorce and a non marital child is involved contact Goldman and Associates today to get the results you need.

Questions and Answers

I am married, but my husband does not believe the child is his, does he still have to support this child?

If a woman is married, the court will presume that her children are the offspring of her husband so long as they were married within a certain time period of her pregnancy.

The government is discriminating against my children because they were born out of wedlock, can it do that?

While not as strongly protected as other vulnerable groups, non-marital children still enjoy some protection from government discrimination. The government must show that the discrimination is substantially related to an important government purpose (intermediate scrutiny). That said, federal courts will not uphold any legislation whose sole purpose is to punish non -marital children.

Laws that deny inheritance, deny child support, denial of government benefits, or even barring them from wrongful death suits for the deaths of their other parents will not be upheld. The courts have also struck down statutes of limitation on paternity suits. The only such law that has been allowed to stand is one which granted immigration preference to marital children.

I am unmarried, and my child was born on foreign soil, is that child still a U.S. citizen?

If you are an American woman, the government and the courts will automatically grant and recognize your child’s citizenship. However, an unmarried American man will have to take certain steps to prove his child’s citizenship.

I am not married to the mother of my children, but she is keeping me from seeing them. Is there anything I can do?

Michigan family law will still protect an unmarried father’s due process right to have a relationship with his children. However, this only applies if he has actually helped raise the child and has shown that he is committed to the responsibilities and obligations of fatherhood. Does he supervise the child daily? Has he helped at all with the child’s education?

If the child is an infant, the father must have demonstrated a willingness to assume sole custody of the child if that ever becomes necessary. He cannot simply prevent others from adopting in the case of the mother’s death. The court will also consider whether or not he has publicly acknowledged the child as his and whether he has helped pay any of the expenses from the pregnancy or birth.

I am not married to the mother of my child, do I have legal custody over that child?

Not automatically. The mother, by virtue of giving birth, is automatically given maternity and legal custody of the child. Unless you married her soon after she gave birth, you’re going to have to work a little harder to get legal custody. You can hold the child out as your biological child, put your name on the birth certificate, or formally acknowledge paternity. The same result will also occur if there is a successful suit to establish paternity.

Conclusion

When it comes to divorce, nonmarital children, and custody things get complicated but that’s ok. Goldman and Associates has your back. No matter what your situation may be, our team at Goldman and Associates can help you through the process. If you need more information on Non-Marital Children And Paternity in The State of Michigan contact Goldman and Associates Law Firm. At Goldman and Associates, our attorneys are experts in family law and they will thoroughly examine all aspects of your divorce. With the best lawyers in Michigan, Goldman and Associates takes each and every case very seriously and gives you the outcome you desire.

For more information on legal matters in the State of Michigan watch the video below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions.

Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428

For more information visit:https://www.akivagoldman.com/michigan-legal-blog/michigan-divorce-lawyer/

You can give us a call for a FREE phone consultation at (248) 588-3333

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The Different Models Of Child Support

Let us help you understand how child support works in The State of Michigan. Child support can be confusing and difficult, and Goldman and Associates want to give you the best outcome possible. Read this blog to learn more about child support and give our office a call if you have any more questions. Here are the different types of child support in Michigan. Generally, both parents equally share a duty to support their children. In Michigan, courts look at several factors in determining the amount of support to award, including the parents’ financial resources; family size; ages of the children; child care and educational expenses; health coverage costs and medical/dental expenses; and other criteria such as adjustments for other support orders, additional familial obligations and the presence of step-children. Oftentimes, parents struggling with a support matter are told that Michigan’s guidelines are specific and absolute, and there is nothing they can do about it.

What Is An Income Shared Model?

Under such a model, the intent is that the child should receive the same portion of the parental income that they would have received if the two parents had stayed married. This figure is arrived at by pooling the income of both parents and then assessing what portion of that would have been spent on the child. It is presumed that the custodial parent will spend their portion of that amount by themselves, so the non -custodial parent (paying) parent will only have to pay their portion.

What Is A Percentage Of Income Model?

This model defines the support obligation as a set percentage of the paying parent’s income. The income of the non-paying custodial parent is never taken into account. There are two variants of this: flat percentage and varying percentage. A flat percentage assesses the same percentage regardless of how high the paying parent’s income is. A varying percentage model will assume that as income grows, that proportionally less of their income will be spent on child care expenses while married. As such the percentage of income that is assessed for child care payments will reduce as income grows.

What Is The Melson Formula?

The Melson formula is a slightly more complex version of the income shares model. It takes into account several policy judgments in order to ensure that a child’s basic needs are met. To start with, the paying parent is allowed to retain enough of their income to meet their own basic needs. After that, the paying parent is not permitted to keep any more of their income for themselves until the needs of all of their children are met. Even after the material needs of all dependents are met, those same dependents are still entitled to a percentage of any additional income so that they may benefit from the non -custodial parent’s higher standard of living.

Conclusion

Aside from having the same overall goal to ensure children receive the same amount of support they would have received had their parents remained married, most (if not all) child support models have a few things in common.

For starters, most models have a “self-support reserve” that ensures that the paying parent will always be able to provide for their own basic needs. All models take imputed income into account. Imputed income is money saved because the person in question doesn’t have to pay for a service that they are providing themselves. All models also take healthcare expenses into account. If you need more information on Divorce and Child Support in The State of Michigan contact Goldman and Associates Law Firm. At Goldman and Associates, our attorneys are experts in family law and they will thoroughly examine all aspects of your divorce. With the best lawyers in Michigan, Goldman and Associates takes each and every case very seriously and gives you the outcome you desire.

Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428

For more information visit:https://www.akivagoldman.com/michigan-legal-blog/michigan-divorce-lawyer/

You can give us a call for a FREE phone consultation at (248) 588-3333

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Resources

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