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Questions Answered by Mr Scott Marshall Neuman
2 Answers | Asked in Divorce and Child Support for Michigan on
Q: how to prepare for a hearing with the referee tro increase my child support?

what questions can i expect?

what documents should i bring?

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman
answered on Jul 7, 2016

Comply with all the documentation for your income that the instructions of the Friend of the

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1 Answer | Asked in Bankruptcy, Criminal Law, Traffic Tickets and Collections for Michigan on
Q: In need of a pro bono lawyer for 1991 case opened in 2013 in Michigan
Mr Scott Marshall Neuman
Mr Scott Marshall Neuman
answered on Jul 6, 2016

In a criminal case where there is a possibility of jail time, the court, if you are indigent, will provide for you a lawyer.

1 Answer | Asked in Criminal Law, Family Law, Child Support and Juvenile Law for Michigan on
Q: Will I still be required to pay child support for my son after his 18th birthday if he's in a State Juvenile Facility?

We are currently paying support to his grandparents, but they don't receive the money. After our son was removed from their home, we filed for support payment to cease, but we were denied.

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman
answered on Jun 29, 2016

Child support ends at age 18. If the child is still in high school or in an institution up until 19 1/2 . If the support is imposed by a court order then until the court ends the support obligation.

1 Answer | Asked in Criminal Law for Michigan on
Q: Is it against the law for a 13 year old boy to touch a 9 year old girl?
Mr Scott Marshall Neuman
Mr Scott Marshall Neuman
answered on Jun 28, 2016

If your question is whether a 13 year old can be charged with Criminal Sexual Conduct for having sex with a 9 year old, the answer is yes.

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Can I sell vehicles in my name without my wives approval? My wife and I are separated and she won't help with bills.

I need to sell the vehicles to get a more reliable one. And since she won't help pay insurance I need to drop a vehicle that is why I want to sell both vehicles. And make her get her own.

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman
answered on Jun 26, 2016

The answer is yes, but. Have you discussed the sale with her? If you are separated how do you plan on selling the vehicle? In my opinion you should file for divorce and deal with the vehicle by negotiation with her that will be formalized in writing in the judgement of divorce. Otherwise be... View More

1 Answer | Asked in Divorce for Michigan on
Q: Can my divorce be amended after 3yrs, to add debt to be paid or split by one or both parties

I have a judgement against me because my exhusband had a reposession that I was listed as the cosigner. I handled my divorce myself, which was final in dec 2012, so I didn't think to add that he was responsible to pay this debt and they want money from me now. Can I go back and have that... View More

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

Review the judgement of divorce. There may be some boiler plate language in it that provides that he is responsible for the debt. If it doesn't, the general rule is that a divorce judgement is final and will not be changed unless there was undisclosed assets or fraud.

1 Answer | Asked in Divorce for Michigan on
Q: When does the child support through the friend of the court stop?
Mr Scott Marshall Neuman
Mr Scott Marshall Neuman
answered on Jun 23, 2016

In general, when the child is 18 years old. If the child is still in high school at age 18 it would continue until she graduates.

1 Answer | Asked in Criminal Law for Michigan on
Q: My fiance's sister is saying he sexually abused her from age 5 to 13. She is 19 now, he is 21. He says this is not true.

Could he actually go to jail even if it's not true?

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

Can he be charged? The answer is yes. Can he be convicted? If the alleged victim lies on the stand and the jury believes her then he could be convicted and eventually end up in jail.

1 Answer | Asked in Criminal Law for Michigan on
Q: I'm a 20 year old male and i want to know if i can legally date a 17 almost 18 girl in Michigan.

what all would i have to do to make things legal.

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

With some limited exceptions, the general answer is Yes. The age of consent in Michigan is 16 years old.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Michigan on
Q: Codefendant took plea to testify against my son in a homicide case. Appeal & new trial starts, does he still testify?

Would Codefendant still have to testify since he's already sentenced? Does new trial discard testimonies & evidence from old trial?

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

If the prosecutor issues a subpoena to the co-defendant, then if called upon at trial the co-defendant would testify. The answer to your second question is complex. It would likely hinge on the reason for a new trial. In general any testimony presented in a previous court action can be used to... View More

1 Answer | Asked in Criminal Law for Michigan on
Q: In Michigan My 15 year old snuck out & committed multiple crimes: theft, attempted arson . Will he go to jail?

My 15 year old son snuck out, broke into cars with his "friends". One boy tried to unsuccessfully light at least 1 car on fire & placed matches in multiple gas tanks .They stole property in cars & broke it including golf clubs. He also had someone's prescription for Naproxen... View More

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

Chances are that if your minor son has competent legal representation he will not be placed in a reformatory. Most likely CPS would not recommend that your child be taken from you. Finally, you may be held responsible for the damages caused by your minor son.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can a bouncer (or civilian) legally restrain/detain you until the cops arrive, without proof of a crime?

Window gets broken at a bar during a fight, no factual proof that suspect caused the damage, only claims by other people at the bar

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

Just like a store detective can restrain a shoplifter until the police arrives, a bouncer can restrain someone that is damaging property. This type of restraint falls under the common laws governing a citizen arrest.

1 Answer | Asked in Criminal Law for Michigan on
Q: Have a few shirts from ex girlfriend, don't want to give them back or see her. Can she call the cops?

there is 2 shirts, I've had them longer than her at this point, and I just don't want to deal with her. Can I be arrested?

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

The answer to your question requires that you answer a few questions. How did you acquire the shirts? Did she buy you the shirts? Did you steal the shirts? Are the shirts unisex in style? Did she loan you the shirts? If you in fact stole her shirts there is a possibility that you can be charged... View More

1 Answer | Asked in Criminal Law, Elder Law, Insurance Defense and Probate for Michigan on
Q: I discovered after my dad died my aunt has fraudulently spent money from his estate. Can I take her to court and where?

Also she changed me from beneficiary 10 days before his death and put her. He had dementia and died from neglect. Now we will have to go to court for this small amount. Do I need a lawyer or should I be confident enough on my own to save me money. I'm a struggling mother and don't have much money.

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

Successful litigation most often requires a competent litigator. Civil procedure is quite complicated. It would be in your best interest to consult a competent attorney.

1 Answer | Asked in Bankruptcy for Michigan on
Q: I live in Michigan and need to file bankruptcy. Should I file chapter 7 or 13 ?

My husband ran up some bills and we cannot pay them. Our interest rates are around 25%. I would like to get rid of these debts and start over. I am not sure which chapter of bankruptcy to find.

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

My general rule of thumb is that if you qualify for a chapter 7 and there are no negative effects in your filing a chapter 7 then you should file a chapter 7. The filing of a chapter 13 bankruptcy is sometimes required. A person that has previously filed a chapter 7 within the previous 8 years can... View More

1 Answer | Asked in Divorce for Michigan on
Q: divorce is final can the ex serve papers asking for half of personal property that wasn't in the divorce in.GA
Mr Scott Marshall Neuman
Mr Scott Marshall Neuman
answered on May 25, 2016

The question seems to be cut off. Was the divorce in the state of Georgia? Did you fail to answer? Was the property located in Michigan? I can only speculate that a divorce judgement was issued in Georgia. The judge in Georgia was able to dissolve the marriage but had no power to issue an order... View More

1 Answer | Asked in Bankruptcy for Michigan on
Q: Can you file for bankruptcy if you have not filed your income tax for a few years?
Mr Scott Marshall Neuman
Mr Scott Marshall Neuman
answered on May 25, 2016

You can file a chapter 7 bankruptcy without filing income taxes for the last two years if you were not required to file. For example, your income placed you below the threshold for filing. If you are required to file then I suggest that you find a cheap service and file. Failure to provide... View More

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: How can I get child support if he doesn't have a job ?

I filed for child support then a week later he lost his job. He won't apply for unemployment because he dosnt want them to take child support out of it. He is now taking out his 401k. Can they take child support out of his 401k if he withdrawalsaid it early? How can I get child support from... View More

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

Even if he doesn't have a job the court can impute income to your husband to determine his child support obligation. If he fails to pay that amount then he would be subject to the full array of methods available to the court to force him to pay. That includes incarceration.

1 Answer | Asked in Divorce for Michigan on
Q: My husband abanded me around 15 years ago and i want a divorce. I have no address for him. Can i still file?
Mr Scott Marshall Neuman
Mr Scott Marshall Neuman
answered on May 20, 2016

Yes. The procedure is to send the Complaint for Divorce to his last known address. When it is returned then you can file a motion for alternative service with the court. Usually the Judge will order that notice be published in a newspaper in the city of the last known address for a period of... View More

1 Answer | Asked in Bankruptcy and Construction Law for Michigan on
Q: I lived with a guy for over 6 years. He put a lien on my house, which is up in a week or so. We are going to court

in June. I qualify for Chapter 7 bankruptcy, if I file between court and after the year is up, will this take care of this lien? I'm getting mixed answers.

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

If the lien impairs your exemption then you can motion the bankruptcy court to remove the lien.

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