The next-of-kin for a minor child would be one or both LEGAL parents, which in most cases are the same as biological parents. Fathers of children born out of wedlock need to establish paternity to become the legal father. Even when children are born of a marriage, a court's custody...View More
We were at a motion to change child support that I filed. I emailed 3 paychecks to friend of court. They lied about what’s on the paychecks. I’m calling Monday to get a transcript of the court proceedings also for evidence.
To change support, you need to meet a threshold for a change: generally, the new guideline amount would need to differ by more than $50 or 10%. So the issue you are facing is not so much the FOC worker testified to a differing amount on the checks; the issue is whether they properly calculated a...View More
I am planning to leave my boyfriend (father of my 2 young children) but I intend to win majority custody. I know for a fact he is not a fit parent to have majority. I am the only one who takes care of the children's needs and he is physically abusive to them. I need to collect proof of this... View More
I work at a school and get paid biweekly. The past two months have been crazy trying to buy a house. I’ve been getting to work one to five minutes late throughout the months. I was talked to and was told for punishment I get a whole days work docked off my pay. I was given the times I came in and... View More
I understand the punishment seems beyond the crime here. But keep in mind that if you work in a school, it's not just you and your time that factors into things: if you are a teacher, or otherwise worked singularly and directly with students, someone else may have had to step in on your...View More
This is a scenario with a legal answer and a contrary common sense approach.
If the phone is on your account, you are ultimately responsible for the balance. That has nothing to do with the sibling. Why would he or she want the phone? Have you, or could you, ask for it back? If they refuse,...View More
I'm a Tenant in Detroit, MI (Wayne County) currently in Landlord-Tenant Proceedings. I appealed a decision from 36th District Court to 3rd Circuit Court. The Landlord started post-judgment proceedings in 36th District Court and we entered a Consent Judgment through... View More
I would suggest you retain an attorney ASAP. Just in what you state is the posture of the case, there are several procedural problems to your detriment. First, I'm not sure what you understood the consent judgment to be, but it implies a final order made by the agreement of both parties. You...View More
Sounds like you've already filed for the divorce. What you need now to do is serve the paperwork. For someone in prison, that is typically done through the warden of the prison he is housed in. You certainly could look into qualifying for a legal aid attorney, but that person would have to do...View More
Michigan Divorce was 5/2017 and 401k was part of settlement. However neither of us pursued the QDRO for over 2 years. 2019 I became unemployed at which point I had to access the 401k funds. As a result my x spouse filed a motion and a money judgment was awarded to her for half of the original 401k... View More
Typically, judgment interest accrues from the date judgment is entered. In your case, the judgment that matters is the divorce judgment. The QDRO is simply a mechanism to enforce or effectuate the judgment, so it's date does not matter.
Judgment interest is intended of course to...View More
Father had 3 businesses a house on land. Bank accounts only in his name. She is not legally doing what she is suppose to do. She is selling estate assets. Below cost or giving away . Has already done a quick deed to her son my half brother for the house. 4 dependents of my dads have gotten... View More
I assume this woman was legally married to your father. In that case, she is entitled to the spousal elective share. I say that simply to say that the formula for that, in most cases, means that the spouse receives all or the majority of any probate estate.
child’s school threatened to suspended my daughter if she brings the recording I provided to her to record her school day as there are issues going on. I discovered that a teacher disciplined my daughter wrongly after two students claimed she said they were stupid and dead. She was put on the... View More
You need to realize that schools - like jails and other secured facilities - are not public free-for-all spaces. Because they have care and concern for children, school administrators may make rules, policies, and procedures that otherwise affect Constitutional rights. As examples, schools can...View More
I am a father who adopted my non biological son 9 years ago, being his foster parent and being the bio-parents rights were terminated. The records are sealed. A man who has a child with a sibling of the bio-mom is wanting to have a court unseal it to dig up possible dirt on her, and all this for... View More
Not sure legally if this is your fight. I also do not think this other man has grounds for the court to unseal the record. Obviously it's a concern enough for you to warrant a consultation with an attorney. In particular, I would ask about standing.
I submitted a motion to set aside default a 2 months ago in small claims court. The motion was given a hearing date, but in interim the plaintiff accepted it and the same hearing date was changed to a pretrial hearing (and motion adjourned to set aside default). I did not receive a letter for this... View More
If you are having these questions, you need a lawyer. These are procedural questions. From what you describe, you had already been defaulted, which would otherwise effectively end the case for you and subjecting you to whatever the plaintiff was asking for. You seem to have successfully got the...View More
The property owner has sold the land and tells me the development firm will be here on October 1 to ask me to leave. I need my extra 30 days to find a new home. What rights do I have? I am in Michigan.
A verbal contract is worth the paper it's printed on. That's especially true in matters of real estate. That said, the timing of all this just may be such that you do get to November 1st. Have you been served with a notice to quit yet? If not, the development firm would likely do so on...View More
My friend is greencard holder and at a party he tried to kiss a girl, the girl was fine at that time and didn’t say anything but now he is being charged with assault and battery. His lawyer doesn’t seem like is of help and almost seem like he wants my friend to get in trouble. Can this charge... View More
Possibly. The question your friend's lawyer is concerned with is whether an assault happened; he or she is not trying to get him in more trouble than he's already in, but must deal with and confront your friend with the facts that may come out at trial.
The answer is within the licensing statutes. The prerequisite CPL class instructs people on their rights AND responsibilities under the law. Importantly, you are obligated to immediately disclose whether you are carrying concealed when approached by law enforcement. Failing to do so, or not having...View More
Newberry mi Going to the store and noticed all the kids at the school were outside with no jacket on because they were having a fire drill at 8:40 in the morning when it was 28° outside .they are out there for 15 to 20 minutes. my kids are already sick as it is "sinuses" called the... View More
What can he do in court? He is trying to take custody away from me and move. He said he has a lawyer and that she is going.to file a couple of motions. I don't know what they are but he said he wants to change our divorce decree because I violated it by drinking. First time that nothing... View More
I think you've hit his motivation spot-on: he wants to change custody to leverage more money from you in child support. Can he file whatever motion? Certainly. Issues of custody, parenting time, and support remain so long as the child is a minor. Will he succeed? Who knows. He would need to...View More
Losing my home? I had a default judgment rolled against me on July 7 and attempted to file a motion to dismiss on July 13. The court clerk refused to accept my dismissal, claiming that I did not have the 21 days I was told I only had seven. This directly led to me now losing my home. What can I do... View More
You need a lawyer; and you likely needed a lawyer months ago.
As happens when people try to represent themselves, you are unaware of the proper procedures and court rules. Filing whatever you think is proper whenever you think it should be filed is not how this works.
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