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Questions Answered by Mr Scott Marshall Neuman
2 Answers | Asked in Divorce for Michigan on
Q: Husband left 4 weeks ago - married 6 yrs. He makes $65K and I make $22K. No kids. Will I get spousal support?

Don't own our home been living with his parents. I am 18 yrs older than him and my health is not good. I have stage 3 sarcoidosis and work as much as I can. I do NOT want a divorce. I am worried about my future if it happens though. He pays for almost everything - car, phone, insurance,... Read more »

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman answered on Sep 20, 2016

Yes. You should qualify for child support.

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1 Answer | Asked in Divorce for Michigan on
Q: Defendant files a motion to dismiss for wrong jurisdiction in a divorce case and Plaintiff files a stipulated dismissal

The stipulated dismissal contains false statements. How does defendant respond?

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman answered on Sep 20, 2016

If the proposed order contains false statements then an objection should be filed with the court.

1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on
Q: Chances of 50/50 w/ current 25/75 court order w/ mom as primary? Previously agreed (not court order) 40/60- went awesome

Just completed court ordered 50/50 summer time custody- went great. After dad asking to stick to 50/50 for school year mom went back on previous non court ordered agreement to every other Wed-Sun night. Court order is every other Fri-Sun. Would like to know chances of 50/50. Would like on minimum... Read more »

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman answered on Sep 20, 2016

Without approval of the other parent, to change a custody order you would have to prove by clear and convincing evidence that such a change is based on the best interest factors of the child.

1 Answer | Asked in Divorce for Michigan on
Q: I made a mistake when filling out the Summons and Complaint for my divorce. Can I amend the S&C? How would I do so?
Mr Scott Marshall Neuman
Mr Scott Marshall Neuman answered on Sep 20, 2016

As a matter of course, one amendment within 14 days after serving the defendant or within 14 days after serving the pleading if it does not require a responsive pleading. MCR 2.118(A)(1).

1 Answer | Asked in Criminal Law and Family Law for Michigan on
Q: if somebody violates a ppo and gets arrested, I will have to go to court to prove that he is wrong?

i have a ppo out against my husband for no contact with me or the kids. if he gets arrested for violating it and gets a court date, do i have to go and prove that he is wrong? do i have to prove why he violated the ppo? or why the ppo was put out in the first place? if the judge favors on my... Read more »

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman answered on Sep 8, 2016

Your husband had 14 days after he was served with the PPO to dispute it. If he did not dispute it the order is effective until it expires. If he later violates he cannot dispute it. And yes if he violates absent a plea deal you would have to testify.

1 Answer | Asked in Divorce for Michigan on
Q: Husband took both vehicles both in his name moved in with gf she drives it he pays how is this right we have 3 kids

Why is it okay for him to pay a truck and van payment for the girlfriend and not be able to pay the van payment for the family vehicle

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman answered on Sep 6, 2016

You should retain a competent divorce attorney asap.

1 Answer | Asked in Divorce for Michigan on
Q: Can a divorce that has been filed expire or be dismissed without either party knowing?

The 6 month waiting period is complete and my husband has not called to schedule the court date to finalize the divorce. Is there a time limit he has to do this or will it expire and he has to file again. I don't want our marriage to end and I know I can't stop it. He keeps saying he is... Read more »

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman answered on Sep 6, 2016

When there is no activity on a divorce filing the court will eventually place the case on the no progress docket. Notice will go out that will state a date of dismissal if the file remains idle.

1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: My friend had someone post a picture of her baby on Craigslist inMichigan saying she was 300$ is this soliciting A mino
Mr Scott Marshall Neuman
Mr Scott Marshall Neuman answered on Sep 2, 2016

First, you need to break off your friendship with this person. His selling the baby not solicitatingvthe baby. That is a serious felony.

1 Answer | Asked in Divorce for Michigan on
Q: been married 5 momths spouse left can i get a annulment or do i need a divorce i live in waldron michigan
Mr Scott Marshall Neuman
Mr Scott Marshall Neuman answered on Sep 2, 2016

A no fault divorce is the easiest way to end your marriage.

1 Answer | Asked in Criminal Law for Michigan on
Q: I need help about a ppo case. Is there any one to talk to right now?
Mr Scott Marshall Neuman
Mr Scott Marshall Neuman answered on Sep 1, 2016

Call me now.

1 Answer | Asked in Criminal Law for Michigan on
Q: My ex roommate is 21 and has under age girls over all the time and sometimes over night. I dont know if he is

Doing anything or not with them. Should i report it?

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman answered on Aug 23, 2016

The age of consent in Michigan is 16. If your roommate is having consensual sex with someone younger than 16, your roommate is committing the act of statutory rape as d fined by the criminal sexual conduct statutes.

1 Answer | Asked in Divorce for Michigan on
Q: I married my husband about 15 months ago and I want a divorce but he is an immgrate and I wonder how do I go about this!

I married for love but it turn out he married for green card

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman answered on Aug 22, 2016

I have represented women in several divorce cases that had similar facts. It is an uncontested divorce. You should retain a competent attorney with experience with this type of divorce.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Michigan on
Q: Are non trustworthy evidence and heresay testimony considered legal error? Thank you

I know it's my fault they got away with it

Thinking a cell phone in the courtroom is improper admittal of evidence

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman answered on Aug 21, 2016

The issue is did the defense attorney object at the time it was presented. If he did and the judge made a mistake and did not sustain the objection then it I would be considered legal error.

1 Answer | Asked in Criminal Law for Michigan on
Q: Is it normal for the photos of the "victim" taken by the police officer who responded to be "not available" at trlal?

No injuries were documented

No hospital visit

During cross exam officer said there was visible "redness on her legs, arms, head" but the photographs he took were not available...

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman answered on Aug 20, 2016

No. Under cross examination of the police officer the defense attorney should inquire as to the reason. In the defense attorney's closing the attorney should argue that the photos would have shown no redness or evidence of a struggle.

1 Answer | Asked in Divorce for Michigan on
Q: I have been paying alimony for 2 years and I am up to date. I need to pay another 2 years. My alimony is modifiable.

I have been needing a full shoulder replacement for about a year now. I have been stalling on the operation. Well now the pain is so bad I need to have it done. Can my alimony be reduced while I am on sick leave from my job, which would be about 6 months? I am 65 years old and I may roll this... Read more »

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman answered on Aug 17, 2016

The answer is, yes. A motion needs to be filed, notice given to your ex, a hearing date for your motion to be heard, then the judge will decide.

1 Answer | Asked in Criminal Law for Michigan on
Q: How long can a person be held in jail in Michigan while waiting to be a extradited to Florida for a probation violation
Mr Scott Marshall Neuman
Mr Scott Marshall Neuman answered on Aug 15, 2016

See MCLA 780.16. The warrant should have an expiration date. After that date the magistrate is limited to no more than 60 days.

3 Answers | Asked in Divorce for Michigan on
Q: My divorce is active an filed what do i have to do next
Mr Scott Marshall Neuman
Mr Scott Marshall Neuman answered on Aug 9, 2016

You should retain a competent attorney. The attorney's job is both represent you in all dealings with your spouse and to prepare all necessary documents to properly represent you including drafting a proposed judgement of divorce.

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1 Answer | Asked in Criminal Law for Michigan on
Q: Can a college search a safe in a students dorm room without probable cause/a warrant?

My university says the police are able to conduct lawful searches of persons and property on campus as identical to the performance of their duties. Does this mean they would need probable cause/a warrant to search a safe in my dorm room?

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman answered on Aug 9, 2016

It is my understanding that under the Fourth Amendment of the U.S. Constitution the officer would need a search warrant or your permission to examine the contents of your safe in your dorm room.

1 Answer | Asked in Criminal Law for Michigan on
Q: When an officer delivers papers or do an arrest do they have to be in full uniform...including hat?
Mr Scott Marshall Neuman
Mr Scott Marshall Neuman answered on Aug 6, 2016

No. A detective with an arrest warrant is sufficient.

1 Answer | Asked in Criminal Law, Civil Litigation, Domestic Violence and Juvenile Law for Michigan on
Q: Can I get in trouble for speaking explicitly with a minor in Michigan online?

I was involved in an email chain that was explicit for ONE line. I posted an ad on craigslist looking to hook up with a woman. I received an email from someone. I said something explicit. Then someone replied and stated that I sent the message to a minor. I replied that I had no idea and I... Read more »

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman answered on Aug 5, 2016

I'm not sure what is the connection between the chain email and your ad. Nevertheless, most likely, your action. May be the subject of a crim investigation investigation.

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