An annulment proceeding is instituted to obtain a ruling that a valid marriage never took place, because of a defect existing when the parties were married. A divorce proceeding is used to terminate a valid marriage, for reasons that occurred after the marriage took place. In Michigan, the statutory grounds for divorce is that there…
Continue reading ›Whether the court is determining the initial child custody order, or modifying the order after a judgment has been entered, they will consider the “best interest factors.” The best interest factors help the referee or judge determine what custody or parenting time arrangement is truly in the best interests of the children. Some factors may…
Continue reading ›In the news recently is an article that Rob Kardashian agreed to pay $20,000 per month in child support, ending a heavily contested battle with ex-fiancee Blac Chyna. We frequently hear from clients that a friend of theirs is receiving a substantial amount of support, or not enough support, and they want to know what…
Continue reading ›1.) Child support Exemption. Child support is neither deductible, nor taxable. That being said, the dependency exemption can only be used by one parent. Generally, the parent that has primary physical custody, can claim the exemption; or, the parties can alternate the exemption each year. 2.) Spousal Support. Spousal support is deductible to the payer,…
Continue reading ›You may have seen the article in the news regarding a mother that was jailed for failing to vaccinate her son. Oakland County Judge Karen McDonald found that Rebecca Bredow was in contempt of court, for failing to vaccinate her son, despite her prior agreement that her son would be vaccinated. As a result, she…
Continue reading ›A collaborative divorce is one in which a couple hires attorneys, solely for the purpose of settling the case. Generally, a team of professionals assists the couple in dividing their assets, creating a parenting plan, and working together to come to an amicable resolution of any outstanding issues. In addition to the attorneys, the other…
Continue reading ›When your relationship has reached the point where divorce is imminent, you may realize that you need a divorce consultation, but may not realize which questions to ask or where to begin. Below is a list of questions that may help you more fully understand the divorce process and what your rights are: 1.) What…
Continue reading ›A Chapter 13 is a reorganization, and is for individuals who have regular income and can pay back at least a portion of their debt/creditors, through a repayment plan. A Chapter 7 bankruptcy is a complete discharge of your debts (with certain exclusions), for those individuals whose monthly expenses exceed their income.
Continue reading ›Section 362 of the United States Bankruptcy code provides for a stay of collection proceedings from the moment a bankruptcy proceeding is filed. An automatic stay is an automatic injunction that prevents any creditor action (with some exceptions), from continuing any collection activity against a debtor that has filed for bankruptcy. The stay is the…
Continue reading ›If you are considering filing for bankruptcy, you should bring the following documents to your free consultation: 1.) 3-6 months of paystubs; 2.) past two (2) years of income tax returns; 3.) If you own real property, you will need the property tax statement or appraisal; all recorded deeds, mortgages, or land contracts; and your…
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