Questions Answered by Brent T. Geers
Q: How does the friend of the court work in regards to paternity, custody, and child support?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Michigan
on
Answered on Apr 17, 2019
Answered on Apr 17, 2019
Brent T. Geers' answer
The 2-month old's paternity is clear: he or she was born during the marriage and so your husband is by default the father whether he acknowledges it or not. The paternity of your oldest child is less clear, and you may eventually need a court ordered DNA test if your husband challenges paternity.
If you are planning for a divorce, it would seem that you could list both children, and paternity would be determined through that proceeding.
The 2-month old's paternity is clear: he or she was born during the marriage and so your husband is by default the father whether he acknowledges it or not. The paternity of your oldest child is less clear, and you may eventually need a court ordered DNA test if your husband challenges paternity.
If you are planning for a divorce, it would seem that you could list both children, and paternity would be determined through that proceeding.
Q: My sister husband was cheating on my sister for over a month. Will he be sentenced for what he did?
1 Answer
| Asked
in
Criminal Law, Divorce and Child Custody
for
Michigan
on
Answered on Apr 17, 2019
Answered on Apr 17, 2019
Brent T. Geers' answer
Sentenced as in a criminal case? Not unless he was caught and charged with soliciting a prostitute or something like that. The police and prosecutors do not charge people criminally for cheating.
Sentenced as in a criminal case? Not unless he was caught and charged with soliciting a prostitute or something like that. The police and prosecutors do not charge people criminally for cheating.
Q: hi im a criminal justice major and I was wondering if I can get a sample of a criminal complaint
Brent T. Geers' answer
Search for SCAO - the State Court Administrator's Office. Then find the forms repository. You'll find everything you're looking for there.
Search for SCAO - the State Court Administrator's Office. Then find the forms repository. You'll find everything you're looking for there.
Q: Was awarded judgement in small claims, the defendant sent a check with memo section saying for Goodwill and good bless.
Brent T. Geers' answer
Nice try, but judges - especially district court and small claims judges and magistrates are a lot more practical and take more of a common sense approach to these issue. If it became an issue, the judge would likely look at the judgment amount, compare it to the cancelled check amount that you clearly received, and ask YOU "why are we here?".
You're free to ask around in your local community, but I do not know any judge - particularly one with a busy docket - who would be amused by...
Nice try, but judges - especially district court and small claims judges and magistrates are a lot more practical and take more of a common sense approach to these issue. If it became an issue, the judge would likely look at the judgment amount, compare it to the cancelled check amount that you clearly received, and ask YOU "why are we here?".
You're free to ask around in your local community, but I do not know any judge - particularly one with a busy docket - who would be amused by...
Q: Is my employer allowed to implement new policies that were not established before I was hired in?
Brent T. Geers' answer
Yes. If the new policies apply to everyone equally, they will apply to you as a condition of your continued employment.
Yes. If the new policies apply to everyone equally, they will apply to you as a condition of your continued employment.
Q: Should I accept this offer from the insurance company, or should I get more money?
2 Answers
| Asked
in
Contracts, Insurance Defense and Car Accidents
for
Michigan
on
Answered on Apr 17, 2019
Answered on Apr 17, 2019
Brent T. Geers' answer
You will need to take the paperwork you received to a local attorney to see what your options are. Likely, there is language in the paperwork that says that that $1,000 is settlement in full of all claims you might have - including your doctor bills and future medical expenses. As it appears you now realize, that's a pretty sweet deal...for the insurance company.
You will need to take the paperwork you received to a local attorney to see what your options are. Likely, there is language in the paperwork that says that that $1,000 is settlement in full of all claims you might have - including your doctor bills and future medical expenses. As it appears you now realize, that's a pretty sweet deal...for the insurance company.
Q: Divorced 1 yr, joint custody, I pay CS. Ex's pay has increased and we now have same salary. Can I request CS mod in MI?
Brent T. Geers' answer
The threshold for a modification is whether any change of circumstance would change the support amount by more than $50 or 10%. The state offers a free online child support calculator that you can input your numbers to see if you would meet the criteria.
The threshold for a modification is whether any change of circumstance would change the support amount by more than $50 or 10%. The state offers a free online child support calculator that you can input your numbers to see if you would meet the criteria.
Q: I paid a lawyer $10,000.00 to go to probate court and before I could get all the information my father passed away.
Brent T. Geers' answer
Direct communication is best. But first, review any engagement agreement you or your father signed with the lawyer. Depending on what exactly was to happen, your father's passing may have frustrated the process. Most lawyers want to be fair.
Direct communication is best. But first, review any engagement agreement you or your father signed with the lawyer. Depending on what exactly was to happen, your father's passing may have frustrated the process. Most lawyers want to be fair.
Q: my sister got arrested for domestic violence and spent 30 days in jail and she has a pre trial coming up what can happen
Brent T. Geers' answer
Until there is a trial, your sister-through a lawyer- may continue negotiations with the prosecutor. An agreement-known as a plea deal-would involve, likely, your sister entering a guilty plea in exchange for something like a reduced charge or sentencing agreement. That will be a main topic of a pre-trial conference.
Until there is a trial, your sister-through a lawyer- may continue negotiations with the prosecutor. An agreement-known as a plea deal-would involve, likely, your sister entering a guilty plea in exchange for something like a reduced charge or sentencing agreement. That will be a main topic of a pre-trial conference.
Q: What do I have to do for my Father to legally adopt me?
Brent T. Geers' answer
I am confused by your question. If the man you consider to be your father is on your birth certificate, I don't think an adoption is possible or even what you're after. The adoption process is, very simplistically, a means to name a legal father. In the eyes of the law, that man is already your legal father. Even if an adoption is possible, of course, it cannot change who your biological father might be.
I am confused by your question. If the man you consider to be your father is on your birth certificate, I don't think an adoption is possible or even what you're after. The adoption process is, very simplistically, a means to name a legal father. In the eyes of the law, that man is already your legal father. Even if an adoption is possible, of course, it cannot change who your biological father might be.
Q: I have a full time job with 120 mile commute. If I say delivered fire wood daily. could I write same miles off?
Brent T. Geers' answer
Your question is more tax than law related. I can see where you're going with this, and it might work. I just think at the very least, you are opening yourself up to an audit, which very quickly will zap any money saved in fees to a CPA or tax attorney to work through it with you. You would have to consider whether the cost benefits are worth the risk.
Your question is more tax than law related. I can see where you're going with this, and it might work. I just think at the very least, you are opening yourself up to an audit, which very quickly will zap any money saved in fees to a CPA or tax attorney to work through it with you. You would have to consider whether the cost benefits are worth the risk.
Q: Wife has aflac cancer policy on our daughter. Does she share the payout in michigan?
Brent T. Geers' answer
Your issue is far more complex than what can be answered here. I could see a situation whereby the insurance payout is considered in the child support calculation. I could also see where an outcome would be similar to what your ex is saying.
You should speak with a family law attorney in the county where the divorce is pending as he or she might know how that particular judge may see the issue.
Your issue is far more complex than what can be answered here. I could see a situation whereby the insurance payout is considered in the child support calculation. I could also see where an outcome would be similar to what your ex is saying.
You should speak with a family law attorney in the county where the divorce is pending as he or she might know how that particular judge may see the issue.
Q: Ok did adoption in Michigan n the adopt parents kept babies name with my last name. .
Brent T. Geers' answer
Likely not. Once the adopt is finalized, the adoptive parents have all the same rights (and responsibilities) that any parent has - including the right to petition a court to change a child's name.
Likely not. Once the adopt is finalized, the adoptive parents have all the same rights (and responsibilities) that any parent has - including the right to petition a court to change a child's name.
Q: I need help on finding a pro bono lawyer or legal aid lawyers through roscommon county Michigan for family law
Brent T. Geers' answer
You should contact your local bar association or, I believe, you are within the area serviced by Legal Aid of Northern Michigan.
As you might imagine, the demand for pro bono legal services is greater than the number of lawyers able and willing to provide such services. Most attorneys are legal aid organizations operate under strict parameters, and of course, there might be income or age qualifications.
You should contact your local bar association or, I believe, you are within the area serviced by Legal Aid of Northern Michigan.
As you might imagine, the demand for pro bono legal services is greater than the number of lawyers able and willing to provide such services. Most attorneys are legal aid organizations operate under strict parameters, and of course, there might be income or age qualifications.
Q: Was arrested because a loss prevention lady thought I bunched things together to try and steal them at self checkout.
Brent T. Geers' answer
This is very common with self-checkout counters. Those things are watched (by camera) in multiple angles. And yes, it is still retail fraud to go through one of those checkouts scanning some things but not everything, and making partial payment.
This is very common with self-checkout counters. Those things are watched (by camera) in multiple angles. And yes, it is still retail fraud to go through one of those checkouts scanning some things but not everything, and making partial payment.
Q: Had a one night stand with a lady she says she's pregnant now an im the father to the unborn child I want nothin to do
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Michigan
on
Answered on Apr 1, 2019
Answered on Apr 1, 2019
Brent T. Geers' answer
The one thing you cannot get out of is child support if its determined that you are the legal father. Whether you are involved with the child (and the mother) is ultimately up to you.
The one thing you cannot get out of is child support if its determined that you are the legal father. Whether you are involved with the child (and the mother) is ultimately up to you.
Q: Non-custodial parent moved out of state without permission. Court soon, what to expect?
Brent T. Geers' answer
If he doesn't show up, the court will likely grant you the relief you want. Just know that a court can only order specific parenting time; they cannot make a parent actually exercise it.
Generally, as the parent who moved away, he would be responsible for all or a significant portion of the cost to exercise parenting time.
Courts generally don't ask kids under 14 which parent they prefer, and even when they do, the judge uses the kids' opinion as just one of several factors in...
If he doesn't show up, the court will likely grant you the relief you want. Just know that a court can only order specific parenting time; they cannot make a parent actually exercise it.
Generally, as the parent who moved away, he would be responsible for all or a significant portion of the cost to exercise parenting time.
Courts generally don't ask kids under 14 which parent they prefer, and even when they do, the judge uses the kids' opinion as just one of several factors in...
Q: What are the charges for an accessory to aggravated assault with a deadly weapon?
Brent T. Geers' answer
The person can be charged the same as the people who actually did the crime. For proof, see the cases of numerous people sitting in prison for murder who never shot anyone.
The person can be charged the same as the people who actually did the crime. For proof, see the cases of numerous people sitting in prison for murder who never shot anyone.
Q: So if the police have a search warrant for crack at my house and they come N find that n other can they seize it and
Brent T. Geers' answer
Depending on what it is they found, possibly. The search warrant likely authorized the cops to enter the house looking for drugs. But once inside, if they happen upon a machine gun or heroine on the coffee table, they obviously arent' going to ignore it.
Depending on what it is they found, possibly. The search warrant likely authorized the cops to enter the house looking for drugs. But once inside, if they happen upon a machine gun or heroine on the coffee table, they obviously arent' going to ignore it.
Q: Wife moved out. How long do I have to wait to move girlfriend in with kids involved?
Brent T. Geers' answer
The long and short answer depends on how contentious your and your wife make this divorce. If she protests, you could find yourself with a court order telling you not to introduce any romantic third parties to the children, and certainly not move the girlfriend in.
The long and short answer depends on how contentious your and your wife make this divorce. If she protests, you could find yourself with a court order telling you not to introduce any romantic third parties to the children, and certainly not move the girlfriend in.
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