Does Child Support Impact Taxes?

In this blog, we will be going over how child support in Michigan can impact your taxes. Goldman and Associates has over 400 videos on Youtube relating to child support and other legal matters that may impact your case. If you need more information on child support give Goldman and Associates a call or download our free ebook. Child support is an ongoing, periodic payment made by one parent for the financial benefit of a child following the end of a marriage or other relationship that involved children. Generally, the party obliged to pay is a non-custodial parent, while the party receiving payment is a custodial parent or other caregiver.

How Will Child Support Payments Affect My Taxes?

Unlike spousal support, child support payments do not count as income for the receiving parent. Likewise, they are not deductible from your (the paying parent’s) taxable income. This is mainly because those payments are not meant for the benefit of the receiving parent (it’s for the child) and is considered an obligation of the paying parent. Although on the surface it may look like this rule favors the receiving parent (usually the mother), this is not really the correct way to view child support.

How Will Child Custody Affect My Taxes?

Having physical custody of a child allows you to claim them as dependents when filing taxes. Claiming dependents has the following tax benefits:

Allows you to file as a head of household
Allows you to claim the child tax credit or $500 non-refundable Dependent tax credit
Allows you to claim the credit for child and dependent care expenses
Allows you to claim a higher earned income tax credit
Allows you to exclude dependent care benefits from your taxable income

Once again, this looks like a substantial benefit to the parent that gets physical custody. However, it should still be noted that the parent is incurring expenses to care for the needs of those children. However, if that parent were able to find ways to reduce the expenses for providing for the children in their custody without undermining the wellbeing of said children, then the associated tax benefits might prove to be profitable.

The Michigan Child Support Formula has been in place since 1986 and is designed to provide adequate child support based upon the needs of children and the ability of both parents. Factors to be considered include parental income, family size, and living arrangements. Income is determined in a variety of ways, and the formula is updated yearly to adjust for changes in the cost of living.

Conclusion

Obtaining adequate child support is critical in supporting the needs of your child. On the other hand, being ordered to pay an amount that you can afford is also critical. Failure to pay can result in the seizure of assets, loss of employment, damage to your reputation and even jail time. Therefore, before you are saddled with an order issued by the court, it is vital that you contact an experienced attorney to ensure that you and your child’s rights are protected. With nearly 30 years of experience, our attorneys have been helping families deal with child support issues. Whether you are faced with paying an amount that you cannot afford or dealing with an uncooperative spouse who refuses to pay what your child deserves, Goldman and Associates, can help you out.

Child Support can be difficult and confusing, but with the right attorney, you will get the outcome you desire. 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.

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.

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

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Prenuptial Agreements In Michigan

When talking about a divorce the topic of a prenup might arise and it may have an impact on your divorce and how assets are divided. In this blog, we will be going over what a prenuptial agreement is in Michigan. If you have any questions about your case or need more information on prenups then give Goldman and Associates a call or watch our Youtube videos. Goldman and Associates has over 400 free videos on everything relating to all legal matters.

Prenuptial Agreements In Michigan

Generally, prenuptial agreements (also known as antenuptial and premarital agreements) are marital contracts that are entered into spouses prior to their marriage. The purpose of a prenuptial agreement is to provide for a distribution of assets upon divorce or death in a way that is different from what the law would ordinarily require.

Michigan laws are silent as to the specific content permitted in prenuptial agreements; however, courts generally allow parties to a prenuptial agreement to contract with respect to the parties’ rights and obligations in any of the property of either or both of them; the right to buy, sell, lease, assign, dispose of, or otherwise manage and control property; disposition of property upon separation, dissolution, death or any other event, modification or elimination of spousal support; making of a will or trust to carry out the provisions of the agreement; ownership rights in and disposition of the death benefit from a life insurance policy; choice of law governing the construction of the agreement; and any other matter not in violation of public policy or criminal statute.

A prenuptial agreement is valid as long as it complies with the Uniform Premarital Agreement Act. This act says nothing about what content can or cannot be in the agreement. What it does say is that spouses may have a contract regarding any of the following:

The property rights of either or both spouses
The right to buy, sell or lease property
Determining what happens to property in the event of divorce or death. Can also apply to legal separation, annulment, or any other triggering event the couple desires.
Changing or eliminating spousal support.
Making wills and trusts.
Ownership of death benefits or life insurance benefits.
Which states laws will govern the interpretation and enforcement of the premarital agreement
Any other issue that does not run afoul of state public policy (you cannot decide child custody in a premarital agreement)

In order for such a contract to be enforceable, most courts require that it meet the following criteria:

The agreement was voluntarily entered into
The agreement must be in writing and signed
Both parties must have honestly disclosed their net worth
Any financial provisions must be reasonable and fair

It is also important to be aware that the courts will also refuse to enforce a premarital agreement that is considered “unconscionable”. A good way to think about it is as an agreement so unfairly lopsided that no sane person would agree to it willingly.

Can we use a premarital agreement to decide child custody in case of divorce?

Absolutely not. Child custody can never be determined by any prior agreement between the parents. The court will never allow parents to completely bypass the standard of “best interests of the child” that undergirds child custody determinations.

What is the Uniform Premarital Agreement Act? Has Michigan adopted it?

The UPAA is a model legislation for premarital agreements that have been adopted by many states, including Michigan. Rules of permitted content, the requirements for enforceability, and many other rules regarding premarital agreements are taken directly from the UPAA. The one exception is the UPAA provision which renders premarital agreements unenforceable if the removal of spousal support from that agreement would render that spouse ineligible for public assistance. That provision was removed in Michigan’s version (i.e. a valid agreement can affect access to public assistance).

If you and your new spouse already agree about what should happen in the event of a divorce, it would be a good idea to write up a document to this effect as soon as possible. You can also do this just before the divorce. Such an agreement is sometimes called a post-marital agreement and will save both of you a lot of time and stress by avoiding a drawn-out and contentious divorce process. Be aware that such agreements can never be used to determine child custody or child support.

Conclusion

If you are in a situation where you need help with your divorce or prenuptial agreement, Goldman and Associates have you covered and can help get you the results you need. There is a lot of information when it comes to prenups so make sure that you are prepared and ready for anything. 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

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

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Child Support Q and A

Child Support is an important topic and there are many elements to this topic and it is necessary to know what is a part of child support. It is also important to think about how you would like to prioritize the various factors of a child support/custody arrangement. Keep in mind that you can reduce your child support obligation by simply taking more parenting time. However, it might very well be the case that by taking more time to work, you would end up making more money than you would pay in additional child support. At that point, it comes down to how you would weigh the monetary benefit against having more time with your children. Make sure that you discuss this thoroughly with your attorney in preparation for any hearings and mediation regarding child support and custody.

Questions and Answer

What if my former spouse moves far away? Can travel costs be included in my child support?

Yes, such an item can be included in a child support order, but is not included automatically. The court’s decision will likely depend on the reasons for the move and how far the distance is.

How is child support collected and paid out?

In the old days, you would have to mail a check to the FOC, who would then mail their own check to the recipient parent. Electronic banking has changed all that. Now Michigan uses the Michigan State Disbursement Unit (MiSDU). Under this system, the amount of the paying parent’s child support is automatically withheld from their paychecks and will be deposited in the other parent’s bank account within 24 hours. If the recipient parent does not have a bank account, then MiSDU will provide them with a debit card. If the paying parent does not receive their income in the form of paychecks, then they will have to mail checks to MiSDU.

My former spouse hasn’t gotten a job in order to avoid paying child support, what can I do?

If the court determines that the paying spouse is voluntarily remaining unemployed or underemployed, they will most likely use his earning potential rather than his actual income to determine his monthly support obligation. The technical term for this is “imputing” income. This is actually a very poor strategy on the part of the delinquent former spouse, because they will never lose all of their paychecks to child support payments, and will always make some money from working.

When can I stop paying child support?

The child support obligation typically ends when the child dies, gets married, turns 18, or is otherwise emancipated. This also occurs if your rights as a parent are terminated (parental rights and child support go hand in hand). The obligation also ends when you (the supporting parent) dies.

The government will not extract child support from your estate. However, if a child is severely disabled, the child support obligation might continue for the rest of that child’s life. Also, if your child fails to graduate high school at age 18, this will continue until that child reaches the age of 19 and a half, but only if that child remains a full-time high school student.

Conclusion

Child Support can be difficult and confusing, but with the right attorney you will get the outcome you desire. 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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Non-Marital Children And Paternity In Michigan

In this blog, we will be going over paternity and non marital children in Michigan. If you have any legal questions then give Goldman and Associates a call to learn more, or check out our Youtube channel with over 400 videos relating to all Michigan legal matters. 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.

Questions and Answers

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.

Michigan has a law called the Acknowledgement of Parentage Act for just such an occasion. If both of you sign a document acknowledging that both of you are the parents of this child, the initial custody will go to the mother. However, this does not in any way hurt the father’s chances of gaining ultimate custody. Final custody will be decided by either the court or an agreement between the parents.

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.

You can file a suit to establish paternity. Such a lawsuit can be brought by you, your mother, the alleged father, or any family independence agency that is currently supporting you. If you succeed, the alleged father will have to pay child support, gain visitation rights, and can even apply for physical custody of you. You should be aware that there is a statute of limitations. The suit must be brought before your (the child’s) 18th birthday.

There is a variety of evidence that you can use to prove paternity. Photographs showing a physical resemblance, statements by the father acknowledging paternity, testimony by a doctor, and blood/genetic samples are all good examples. Be careful, because if your genetic evidence shows that he cannot be your father, then the case will be dismissed automatically. On the other hand, if he completely refuses to submit to such testing, then the court will enter a default judgment against him. The records of paternity suits are usually sealed.

Conclusions

Paternity orders can be difficult to deal with so call our attorneys today to get the best results in your case. 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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What Is The Difference Between Annulment and Divorce?

When people are considering divorce the word annulment might show up. In Michigan, there are two ways to end a marriage, annulment, and divorce. In this blog, we will be going over the difference between annulment and divorce and what steps you should take if you want to end your marriage.

What Is Annulment?

Annulment is a popular question that comes up when two individuals get married and are only married for a short amount of time. Annulment is NOT time based. There is a big difference between an annulment and a divorce. Michigan is a no fault divorce state, which means you don’t have to prove why you want a divorce you just have to ask for one. An annulment is a much more complicated analysis and is harder for the court to grant.

Annulment is not based on the amount of time being married; it is essentially based on fraud. In other words the marriage should not be terminated but rather void from the beginning. For example, you could be married to someone who turns out to be married to someone else and they were aware of it when you were not. If you just marry someone and it turns out you realized that you made a mistake, that is not an annulment but instead, that is a regular divorce. An annulment is a legal procedure that cancels a marriage. An annulled marriage is erased from a legal perspective, and it declares that the marriage never technically existed and was never valid.

Child Custody In Annulment

When it comes to child custody, legal separation is identical to divorce. This makes sense given that separations are either a preliminary step before a divorce or an identical alternative to one. The only difference being that the parties are technically still legally married, which has no bearing on child custody issues. As for annulment, the answer is mostly the same with a few minor complications. Annulment does not change the fact that child custody is not affected by the relationship status of the parents, so there is nothing that says that the rules are different for an annulment.

The only wrinkle is that the court has certain practices when it comes to the paternity status of the alleged father of a child. Family courts presume that the husband of the mother is the father of the child. However, annulment means that the marriage never existed so the male partner is not actually her husband. This is a very easy issue to resolve because the courts will also accept the father acknowledging himself as the legal father, to say nothing of DNA tests. Once a valid form of fatherhood is established, then both legal parents possess the same rights as any other mother and father, married or otherwise.

Does annulment make a difference when it comes to grandparents’ rights?

Surprisingly, yes. Both marriage and divorce give comparatively little deference to grandparents when it comes to visitation or custody. This is because family courts give strong deference and priority to married parents.

However, when annulment renders the marriage nonexistent, this opens the door to grandparents being granted visitation or even custody if it is deemed to be in the best interest of the child.

Conclusion

Michigan is a no-fault divorce state. You do not have to prove anything to get a divorce. If the marriage breaks down, there is no explanation needed. The best course of action to take is to speak to your attorney and make sure they receive all the information about your situation. Your attorney will know if you need an annulment or a divorce based on your situation. 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/

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Child Support Arrears

While married, the parents of a child share the physical and financial burden of caring for that child. Once separated, however, the parent who has physical custody no longer has the resources of the other parent to help them. Child support is a payment ordered by the court to help remedy that situation and ensure that the non-custodial parent is living up to their responsibility to support their child. But sometimes these payments might be missed and debt occurs. This is called child support arrears when an individual misses a child support payment. In this blog, we will be going over what child support arrears are in Michigan and how they can affect you.

What Are Arrears?

Like with many other financial obligations, sometimes child support payments are missed or insufficient. Family courts have processes for dealing with these missed or overdue payments in order to ensure that the obligation is met to the greatest extent possible. Arrears or arrearage is the technical term for past due to child support. Basically, it is a debt you owe to either your former spouse or to the government.

There may be a possibility where you will have to pay the government if you miss child support payments. This might occur if you received public assistance from the government while you had child support obligations. It can also happen if your child’s household receives public assistance. The rationale behind it is that you should be covering those expenses as the parent paying support, not the state government.

What If I Don’t Pay My Arrears?

Unpaid arrears can result in a number of unpleasant consequences such as:

Withholding money from your paycheck
Liens on personal possessions and real estate
Garnishing your tax returns
Suspension of state-issued drivers, occupational, and recreational (hunting/fishing) licenses Revocation or denial of your passport
Getting charged with contempt resulting in imprisonment and further fines

If you cannot pay your debt off you will have two options. You can ask for forgiveness (discharge) of your debt, or you can ask for a payment plan. There is no method for completely erasing the overdue child support that you owe the other parent. The best thing to do is talk to an attorney and figure out the best step that you can take.

What does discharge entail?

You may only seek discharge debts owed to the state. If you are granted a discharge, it will erase your arrearage debt completely. You must file your request with the Friend of the Court (FOC) of the county that granted the support order in the first place. In your request, you must explain why you had a good reason to not pay or how you are unable to pay.

If you owe back child support in multiple counties, you will have to file separate requests in each of those FOC offices. The FOC office(s) will decide whether or not to discharge the debts. If you also owe money to your spouse, then you must get a payment plan. Under a payment plan, the court will allow you to pay back a certain amount per month for a number of months. In the end, you will pay less than the full amount owed and the rest will be discharged. If you owe debt to a spouse, you must obtain their voluntary consent in order to engage in a payment plan.

Conclusion

Being in debt is never easy but there are always solutions. Child support arrears can impact your life so contact Goldman and Associates today to learn more about your case and what you can do for yourself and the situation you may be in. . 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/

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Goldman and Associates Divorce Giveaway Summer 2021

Free Divorce Giveaway

Goldman and Associates is giving away another FREE divorce this summer. This will be the second time Goldman and Associates gives away a divorce, and in this blog, we will be going over why we are doing this and how the giveaway will work. If you have any questions give us a call at (248) 588-3333 or email us at divorcegiveaway@gmail.com

Covid-19 and Divorce

Covid-19 has impacted millions of people in a lot of different ways such as schooling, jobs, family, and relationships. Something that stood out to Goldman and Associates was the rising number of domestic violence cases in the United States during the lockdown and how it continued to steadily rise. It’s being called the pandemic within a pandemic, the lockdown has increased domestic violence and it’s much harder for victims to get help or move away. Another thing that came with the lockdown was limited income with businesses being shut down, which made it a lot harder for victims to get a divorce or file for a PPO. In the United States, domestic violence cases rose 8.1% according to the National Commission on COVID-19 and Criminal Justice. This is troubling and we understand how hard it was for these victims to go through that situation.

Now that lockdown restrictions are being lifted and more people are being vaccinated, life is shifting back to normal, but not for everybody. Many people were unable to get the legal services they needed because of the pandemic. Now that things are going back as they used to be, people are now taking action to protect themselves by getting divorces and PPOs. This is why Goldman and Associates is giving away a free divorce. Our law firm wants to help those in need and help out an individual that absolutely needs a divorce but do not have the resources to do so. This will be our second time giving out a divorce, the first time we gave away a free divorce it caught the attention of the media and many people were interested. Because of the attention and success it received, Goldman and Associates wants to give back to the community again. Divorces can be very expensive and we understand that there are people that cannot afford one during this time. Let us help you get the divorce you need so you can move forward in your life!

Rules

You have until the end of this month to enter our divorce giveaway and the rules are very easy! All you have to do is send an email to divorcegiveaway@gmail.com and tell us your situation and why you or someone you know needs a divorce. When sending the email make sure to include your first and last name, phone number, email, and a quick summary of why you need this free divorce. You have until July 31st to enter then we will pick the winner. Thank you for taking interest in this contest, to share this with your friends and family, you never know what people are going through. This may be a great opportunity for someone to get the divorce they are in need of. Giving back to the community and helping someone in need is the main goal of Goldman and Associates Law Firm.

Fireworks and Personal Injury

Every year in the summer, thousands of fireworks are bought and set off almost every weekend. The 4th of July has just passed and there have already been a few tragic accidents resulting from fireworks. Even though fireworks may seem fun and bright they are not one hundred percent dependable and safe. In this blog we will be going over what to do if you have been involved in a firework accident and what actions you can take.

Personal Injury

When it comes to handling personal injury claims, the process is often lengthy and tedious as insurance companies attempt to find any flaw in your presentation. That being said, the most important aspect of your case comes down to who you allow to stand up for your rights in a court of law.

Personal injury is a legal term used to refer to an injury to the body, mind or emotions. Most personal injury claims fall under the broad heading of ‘negligence,’ and assert that a party was injured as a result of the carelessness of another.

In the state of Michigan, citizens are protected from personal injury by the same type of negligence laws that are popular throughout the rest of the United States. Under these laws, certain classes of people owe one another a duty to utilize due care and caution so as to prevent injury. A property owner, for example, has a duty to make sure that his premises are safely maintained so that those he invites onto his property are not injured. Similarly, a doctor has a duty to use a professional standard of care in treating his patients. Where people are injured because of another’s failure to use this sort of caution, they may have the basis for a successful personal injury case.

What To Do If You Have Been Injured By Fireworks

If you have been injured by fireworks make sure to first go to the hospital and get the care you need. After that immediately call our attorneys at Goldman and Associates so that we can get you the results you need in difficult times. When you are injured it is much more than just getting your medical bills paid. You need to remember that these kinds of accidents can be traumatizing and damaging to someone’s mental health. The impact these accidents can have on someone can be long lasting, firework accidents are to be taken very seriously.

Conclusion

After the accidents make sure to contact our attorneys at Goldman and Associates as soon as possible so we can create a case for you and make sure you get what is owed to you. Without the best personal injury attorney, you will not receive much and that is the last thing you want to happen to you. Goldman and Associates cares about you and what you have been through. We offer a free phone consultation to hear out about your situation and give you the best possible options so you can get the most out of your problem. If you need more information on Personal Injury in The State of Michigan contact Goldman and Associates Law Firm. At Goldman and Associates, our attorneys are experts in family law and other legal matters and they will thoroughly examine all aspects of your case. 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 Michigan law 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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Michigan Family Law General Questions

Here at Goldman and Associates, we receive hundreds of questions from people all the time. That is why we have created a Youtube channel where we upload daily videos on various topics and matters regarding Michigan Law. Goldman and Associates have over 400 videos on Youtube, informing the public about everything relating to Michigan Law. In this blog, we will be going over a general overview of the most common questions asked from clients.

GENERAL FAMILY LAW Q AND A

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
Any civil officer with the power to administer and enforce the law.

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 prenup). 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.

What Is a No Fault Divorce?

No-fault divorce means that you do not have to show any wrongdoing on the part of your soon -to-be former spouse in order to get a divorce. Just the basic requirement (a marriage broken beyond repair) is all that you need. However, fault may become relevant if any aspect of the divorce is contested.

If there is fault with one of the parties, and the judge decides to consider that fault in the divorce judgement, that party may get a less favorable outcome in terms of division of assets, alimony, or child custody. If the divorce is uncontested (see the question below), you will most likely be unable to use that person’s fault against them.

How Do I Start A Divorce?

To get the ball rolling, you need to file a complaint for divorce with the clerk at the family court. The complaint alleges basic facts about your divorce. It will also contain your initial proposal for the conditions of the divorce such as property division, custody, support, etc. This document should include the grounds for your divorce.

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. After the residency requirement is met, and you file for divorce, you will be subject to a mandatory waiting period before the divorce may be finalized.

The waiting period is 60 days (two months) from the time papers are served if there are no children, 180 days (six months) if there are children. These are just the minimum timeframes, a contested divorce might take even longer.

Conclusion

We have covered the basic questions that most people have about divorce and custody. If you have any more questions make sure to check out our Youtube channel or give our office a call. It takes a professional to get the results that you want. The process requires the right attorneys so that you can get the outcome that you want. 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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High Asset Divorce In Michigan

Divorce is the legal dissolution of a marriage. In order to be able to obtain a divorce, you must meet all of the prerequisites in terms of residency before you can even file for divorce. However, just meeting the requirements to file for divorce is not enough. In order to successfully obtain a divorce in Michigan, you must convince a judge in a family court that your marital relationship has broken down beyond repair and that there is no chance of reconciling.

What Is A 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.

What Do I Need For A High Asset Divorce?

It is extremely beneficial and important to hire a law firm that handles high asset divorces on a consistent basis rather than hiring someone to process papers and think that this is more cost effective. If you hire a law firm that isn’t accustomed to handling cases that involve millions of dollars, high value properties, or other assets, then you run the risk of this being handled poorly and not achieving the outcome you deserve. If you are in a situation where you have a lot of assets and will be filing for divorce, then you should make the smart decision to hire an experienced attorney who is familiar with this process. A high asset case requires an experienced attorney.

Dealing with a high asset divorce that includes property that has changed value, securities, etc requires that these cases be handled with the right timing. It is very important to time it in such a way so that you can fix your exposure at the beginning of your case and determine how much you are going to end up paying out. The main area of concern of many people is how much of the assets will I have left when the divorce process is over? You should keep in mind the timing of when you file impacts your ability to remain as financially stable as you need to be.

You will also need to remember to be straightforward with everything that you own. Don’t try to hide anything or put your money in different investments so you can have it all later, the court will find out. If you try to hide your assets and the court finds out things will not go well for you. The best thing to do is keep a list of all your assets and tell your attorney everything you have.

Conclusion

There is a huge difference between the complexity of a divorce case involving assets and a case with no assets. 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.

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

http://akivagoldman.com/

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