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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. Th…
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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…
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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 subject t…
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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 th…
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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…
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Q: How much do you charge?
February 18th, 2016
A: My standard hourly rate is $250. In most cases, I receive a retainer upfront of between $1500 and $2500, depending on the complexity of the matter. The simplest cases, wher…
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Tags: Michigan divorce
Q: Isn't a 50/50 shared custody arrangement always the most fair to everyone?
February 18th, 2016
A: Not necessarily. In determining custody, the court looks at what is in the best interests of the children. This inquiry takes precedence over the rights of the parents. Thi…
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Q: Can I change the locks once my spouse leaves?
February 18th, 2016
A: I generally advise against doing this unless there is an immediate risk of domestic violence. If that is the case, you should seek a personal protection order from the cour…
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Categories: Divorce
Q: If I leave the house is this considered abandonment of my children?
February 18th, 2016
A: Not necessarily. However, if you are concerned that you are going to be involved in a custody dispute, you should talk to an attorney before you leave the marital home, unl…
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Q: How long does a divorce take?
February 18th, 2016
A: The minimum statutory waiting period, from date of filing to entry of judgment, is 60 days without minor children, six months with minor children. The court will not genera…
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Categories: Divorce
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