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"Legal Briefs" Newsletter Archives

(Note: These are older archives. For recent news and information, see Articles and Audio.)

Have a legal question? Feel free to contact me. To sign up for our free email newsletter, email me, or click on the "Join Our Mailing List" button at the lower left. Below are some legal tips and information:

New Child Support Law (10/1/2008)

Effective 10/1/2008, there is a new Michigan Child Support Formula, which calculates support in a different way. You may qualify for a decrease (or increase) in your support. Call my office for more information.

Two Powerful Rulings for Parents (9/13/05)

This is another in a series of quick notes in the law. Before we get to that, thanks for all who attended the Sept 6th DADS of Michigan standing-room-only monthly meeting (yes, It was a small room) and heard State Senator Mike Bishop speak. Very informative, I thought.

Here are two very critical legal rulings regarding rights of divorced or separated parents:

1. THE CHILD EXEMPTION RULE: Maybe you know a divorced individual who says

"Why does my ex always get the child tax exemption? He/she doesn't even need it!” A recent case, Fear v Rogers 207 Mich App 642 (1994) now says that a person who has a better "monetary/financial need" for the exemption can go back to their family court Judge and ask for a change in who gets the exemptions!

2. THE CHILD EDUCATIONAL DECISION RULE: Many divorced or separated parents find that they can't agree on serious school issues such as a school district change. Most people think that it’s ultimately up to the physical custodian to make all the school decisions: WRONG! A 1993 case, Lombardo v Lombardo 202 Mich App 151 says that IF THE PARENTS HAVE JOINT LEGAL CUSTODY, and have a dispute regarding an educational issue, one cannot overrule the other. Either parent can go to court and demand a hearing and try to convince the Judge of their point of view. The winner is the one who can convince the judge that his or her position is in the "best interests of the children."

What if My Ex Lied to Me? (2/17/05)

If you can establish that your ex spouse made a specific substantial misrepresentation in your final divorce judgment, you can seek redress from him or her. The misrepresentation should be something BIG, however, such as a blatantly false statement about money or property. AND your judgment must have a "disclosure statement" (non concealment statement) by each party. PLEASE NOTE that most courts give you only ONE YEAR after the entry of the judgment to bring up the misrepresentation. Call me if you think this applies to you.

Bad Legal Advice (2/4/05)

If you know a divorced or separated parent who was thinking of keeping his or her child for a time period longer than that called for in the custody or parenting order, they should be aware! If a parent keeps a child for a day or even an hour longer than that called for in the Court Order, that person can be found guilty of contempt. Then you could go to jail. (Do not pass go.) The only excuse for a finding of contempt is if you can show imminent danger which would befall that child, if the parent did not withhold him or her. Also, once a parent makes a decision to withhold a child, a petition should be filed in Court (asking for permission to withhold) at the first opportunity. Even if the petition is never heard, it may save you from a jail sentence. If any attorney tells you otherwise, He's giving you bad advice!

The New Paternity Law…No More Retroactivity (11/28/04)

This memo has to do with the Michigan Paternity Statute. Until recently, it was legally possible for a woman who had a child out of wedlock to put off collecting child support from the father for many years, only to turn around and prosecute the dad for years of back support. In the old days, a father could be liable for thousands of dollars of retroactive child support back to the day the child was born, even if he had no knowledge of the birth of the child! This has all changed. Effective Oct 1, 2004, a mother seeking support in a paternity case can get payments ONLY back to the date she files the case, (typically a few months back) unless it is shown that the Father has engaged in conduct designed to avoid his responsibility to pay. The statute should be consulted for the details.

The 100 Mile Rule (10/27/04)

Did you know that if you become divorced in Michigan after 2004, and you have minor children, neither you nor your ex spouse can move more than 100 miles from each other? Some say this law is good for the kids. Others sat its too restrictive. You can side-step the law IF: A) you get a written agreement with your ex to go beyond the restriction or B) you go to Court and give the Judge good cause to go beyond it.

What School District for "Divorced" Kids? (9/25/04)

If you or a friend are divorced in Michigan with children, the question always comes up: What school system is legal for the kids? Where mom lives, or Dad's district? If you have joint custody (and most people do) the answer is: both districts are legal, although you're going to have to come to an agreement as to which one will be chosen. If no agreement, then the judge can decide. Also, note that if you're a joint custodian, you’re entitled to have any school records regarding your children from their school district. You can't be refused under virtually all ordinary circumstances.

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