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Questions Answered by Maureen Martin Caster

1 Answer | Asked in Civil Litigation for Michigan on

Q: When serving someone through certified mail what return address should I put on the mail? She probably won't accept it

Maureen Martin Caster answered on Feb 27, 2018

When you are filling out the "green card" the return address is your's.

1 Answer | Asked in Child Support for Michigan on

Q: Can I serve my ex wife child support papers by certified mail? What return address should I use?

I have custody of my children and I already have a child support case started. They're just waiting to serve her. She lives in California and I live in Michigan. She probably won't sign the papers willingly.

Maureen Martin Caster answered on Feb 27, 2018

If it is sent by mail it should be by registered mail, return receipt requested and restricted delivery.

1 Answer | Asked in Child Support for Michigan on

Q: If I have an established court order for child support but he is 4,000 behind, can I sue for the unpaid portion?

Maureen Martin Caster answered on Feb 26, 2018

It depends on when the child support became due. If it was while the Friend of the Court was involved, you need to contact your caseworker and discuss what they will do to collect it. If it was after an order was entered but you were not utilizing the Friend of the Court for collection, you will... Read more »

1 Answer | Asked in Family Law, Child Custody and Divorce for Michigan on

Q: Can my wife leave our home and take our daughter with her?

Maureen Martin Caster answered on Feb 15, 2018

Unless there is an order preventing this....Yes, she can.

1 Answer | Asked in Family Law and Child Support for Michigan on

Q: I am switching jobs. How do I get my new job to take out suppport without going back to court or filing a motion? Thanks

I have a current order for my current job.

Maureen Martin Caster answered on Feb 14, 2018

Send the name and address of your new employer to the Friend of the Court (you are required to do so within 30 days of changing employment). The FOC will do a new income withholding for the new employer. However, there will be a delay in getting the new order going and so money won't be coming... Read more »

1 Answer | Asked in Divorce for Michigan on

Q: I want to divorce my husband and need to know if he has any legal rights to my property. I own the house outright.

The house was quit claimed to me after our marriage. Does that change things?

Maureen Martin Caster answered on Feb 13, 2018

If the property was owned prior to the marriage but did appreciate in value, the appreciation in value is divided.

1 Answer | Asked in Child Support for Michigan on

Q: Can a minor be obligated to pay child support?

My son is 15 and so is his girlfriend.

Maureen Martin Caster answered on Feb 8, 2018

If he is the father of the child, yes.

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on

Q: My husband pays $907 a month in child support. Wife refuses him parenting time. What can we do or can we sign off.

The last order says parenting time is agreed upon. But if they are forced to come over the kids will act out and cause major problems. The children asked us to sign off.

Maureen Martin Caster answered on Feb 8, 2018

Each time his parenting time is refused, he needs to file a complaint with the Friend of the Court. He should also file a motion for an actual parenting time schedule so he knows which days are his. You can't just "sign off" parental rights. This is only done in two circumstances.

1 Answer | Asked in Family Law and Child Custody for Michigan on

Q: My son has lived with his grandparents since he was an infant. Am I able to take him back from them?

I was told I was unable to care for him properly and that I needed to do what was best for him. I was forced to sign temporary guardianship in 2013, they told me if I didn't they would take him from me permanently. I was mentally abused into thinking I was a bad mother. I have now been refused any... Read more »

Maureen Martin Caster answered on Feb 6, 2018

You may file a motion asking to terminate the guardianship.

1 Answer | Asked in Child Support for Michigan on

Q: bio dad moved to Texas. Is he still legally obligated to pay support? Or will they cancel support all together?

his daughter and son still live in Michigan with their moms. And he is currently 4 months behind in support.

Maureen Martin Caster answered on Feb 6, 2018

He is obligated to pay child support no matter where he lives as long as there is a court order. You need to let your Friend of the Court know where he is living now so they can proceed to collect it.

1 Answer | Asked in Family Law and Child Support for Michigan on

Q: My son has his son every other week. He pays half of everything. Does he still have to pay child support.

She doesn't want anything more from him said this is fair for her. She has written letters stating this to friend of court but they still want him to pay full support

Maureen Martin Caster answered on Feb 6, 2018

He needs to file a motion before the judge asking for a change in child support.

1 Answer | Asked in Divorce for Michigan on

Q: Divorce. My wife owns the house but we both live there for years. Do I have any legal rights to the equity.

I understand new Michigan law changed, and I do have legal rights to the house. She seems to think she can kick me out at any time, because the house is in her name,, and yes she did purchase the house originally.

Maureen Martin Caster answered on Feb 6, 2018

As long as you are residing in the marital home, she can't kick you out without a court order. She could get one in the divorce case or file an eviction. You do have a right to 50% of the equity earn on the home during the marriage.

2 Answers | Asked in Probate for Michigan on

Q: My nephew died leaving two minor children of whom he had legal custody. Was not married to children’s mother.

What rights does the children’s mother have in regards to his estate.

Maureen Martin Caster answered on Feb 6, 2018

If you are not related to the deceased person, you have no rights to inherit unless a specific bequest is made in a Will. A child will inherit from their parent if the parent was not married at the time of the death. If a child is under 18 and depending on the amount of the inheritance, a... Read more »

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1 Answer | Asked in Divorce and Family Law for Michigan on

Q: My ex is going out of state Chicago to work with her brother for the summer if my daughter stays with me does she pay me

I told her my daughter wasnt going with her

Maureen Martin Caster answered on Feb 1, 2018

You would have to file a motion to change how the child support is paid.

1 Answer | Asked in Divorce for Michigan on

Q: My ex wife refinanced the house using my signature on the paperwork from the bank, without me knowing. Is this legal?

I wasn't present while my name was being used. Fraud, right? Wouldn't the bank be responsible for allowing this to work when I wasn't even involved. I feel I've been seriously taken advantage of.

Maureen Martin Caster answered on Jan 29, 2018

No, it isn't legal. You should contact the mortgage company and the title company.

1 Answer | Asked in Child Custody and Family Law for Michigan on

Q: I have full physical and legal custody of my twin boys. My ex just got unsupervised visits after 6 yrs of supervised.

Now after 3 visits my twin 15 year old boys are acting up, vandalizing the school and running away. My ex had picked the boys up (not for her visitation) and did not let me know. Police had to go to her residence to bring them home. They ran away again after the police left. What can I do with... Read more »

Maureen Martin Caster answered on Jan 25, 2018

You should file a motion asking the court to go back to supervised parenting time.

1 Answer | Asked in Child Custody for Michigan on

Q: my child has been left with somebody for 3 weeks and still there can i go get my child

Maureen Martin Caster answered on Jan 25, 2018

That all depends on if there is a custody order and what it says. If there is no custody order or one that doesn't grant you custody, you should contact an attorney and file either a complaint or a motion and request and ex-parte order.

2 Answers | Asked in Estate Planning for Michigan on

Q: My Husband changed his will, left everything to his brother, nothing to me! Is this legal? Will it stand in probate?

We've been married 8 years. He had changed his will before we got married and left everything to me. We had a disagreement, he got mad and changed his will in favor of his brother.

Maureen Martin Caster answered on Jan 25, 2018

The simple answer is: yes. However, there are more complicated issues involved such as the allowances provided by law. You should consult an attorney to find an answer better suited to your situation.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on

Q: I have 2 kids mother cheated I would like a DNA test before paying child support I'm on both birth certificate

Maureen Martin Caster answered on Jan 25, 2018

This is not an easy to answer question as more information is needed such as: are you married to the mother and the age of the children?

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