The Family Law Leader

Blog

Welcome to my blog!

On this page I will share thoughts and answer frequently asked questions about family law. Have a question? Feel free to submit it by email and I will attempt to answer it in a blog post.

As you make you way through the divorce process, you will have many questions along the way. I am confident that I have the answers to your questions or at least the resources to find them. I would be happy to talk with you about your situation and answer any questions you may have. Call my Holland, Michigan office today to arrange a consultation. I handle cases in the West Michigan counties of Ottawa, Allegan, Muskegon and Kent.

Q: Some lawyers appear to offer free consultations, while others do not. Is it worthwhile to seek a free consultation with a lawyer?

June 26th, 2017
A: Many  lawyers do offer an opportunity to meet briefly at no charge. If a free consultation is offered, by all means take advantage of it.  The primary purpose of such a m… Read More
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Categories: Divorce, Divorce Attorney

Q: I am in the middle of trying to negotiate a divorce settlement. I have been told that we must follow the Michigan support formula, but my wife and I agree that, under the circumstances, it is not necessary for me to pay as much support as the formula provides. We both make a very good living, and I have expended substantial funds for the children's travel athletics and other extracurricular activities. Can we deviate from the child support formula?

June 19th, 2017
A:  Unless either of you is receiving public assistance such as food stamps or Medicaid, it is permissible to deviate from the child support formula for a number of reasons.… Read More
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Categories: Child Custody, Divorce

Q: I have been having trouble in my marriage and feel that it may be necessary to file for divorce. However, I am not sure this is what I am ultimately going to do. If I file the paperwork and then change my mind, what happens?

June 6th, 2017
A: The decision of whether to file for divorce is a highly emotional and extremely complex one. If you hold out any hope that your marriage might be saved, I would encourage y… Read More
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Categories: Divorce

Q: My wife and I are trying to settle our divorce and we are making good progress at resolving all of the issues out of court. As funny as it sounds, the only thing we are really arguing about is the dog. Our golden retriever has been a part of our family for several years and she means a lot to both of us. What will the court to do with this?

June 1st, 2017
A:  You would be surprised at how common this dispute has become, especially in families with children.  The short answer is that a pet is considered personal property subje… Read More
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Categories: Divorce

Q: I have read that custody determinations are made based upon the best interests of the child. Shouldn't that always be a 50-50 parenting time arrangement? It just doesn't seem fair any other way.

May 18th, 2017
A:  You’re right; custody cases are decided based upon the best interest of the child factors contained in the Child Custody Act. However, there is nothing in that law… Read More
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Categories: Child Custody, Divorce

Q: I have heard of that Michigan is a no-fault divorce state. What does that mean?

May 9th, 2017
A: You are correct. Michigan is a no-fault divorce state.  However, that does not necessarily mean that fault is irrelevant in a divorce case.  It used to be that, in order… Read More
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Categories: Divorce

Q: I feel like it is not necessary to have the Friend of the Court handle my support case. Can I opt out of this service?

April 24th, 2017
A: Yes. If you and the other party during your divorce or custody dispute, or after the judgment is entered, feel that Friend of the Court services are not necessary, you may… Read More
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Categories: Child Custody, Divorce, Spousal Support

Q: I just filed for divorce a few days ago and I got a notice from the Friend of the Court saying I need to come in for a coordination conference. What's that all about?

February 18th, 2016
Posted By
Thomas C. Kates
A: Many counties in Michigan are now using the Friend of the Court Coordination Conference as a mechanism to arrive at a temporary custody, parenting time, and support arrange… Read More
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Categories: Divorce

Q: I was never married to the father of my baby, but his name is on the birth certificate. Does he have any rights?

February 18th, 2016
Posted By
Thomas C. Kates
A: The mother of the child is presumed to have custody of a child born out of wedlock until a court of competent jurisdiction says otherwise. The father does not have the righ… Read More
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Categories: Child Custody

Q: Will I have to pay alimony?

February 18th, 2016
Posted By
Thomas C. Kates
A: Alimony, or spousal support as it is now called, is still alive and well in Michigan. Depending on the length of the marriage, the disparity in earning power between you an… Read More
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Categories: Spousal Support
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