Michigan DUI

MICHIGAN DUI/OWI/OWVI

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.

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.

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.
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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.

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

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/

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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.

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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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

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

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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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Resources

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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.

Questions and Answers

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

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?

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

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.

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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/

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

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