Questions Answered by Maureen Martin Caster

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

1 Answer | Asked in Civil Litigation for Michigan on
Answered on Feb 27, 2018
Maureen Martin Caster's answer
When you are filling out the "green card" the return address is your's.

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

1 Answer | Asked in Child Support for Michigan on
Answered on Feb 27, 2018
Maureen Martin Caster's answer
If it is sent by mail it should be by registered mail, return receipt requested and restricted delivery.

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

1 Answer | Asked in Child Support for Michigan on
Answered on Feb 26, 2018
Maureen Martin Caster's answer
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 need to seek enforcement on your own.

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

1 Answer | Asked in Family Law, Child Custody and Divorce for Michigan on
Answered on Feb 15, 2018
Maureen Martin Caster's answer
Unless there is an order preventing this....Yes, she can.

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

1 Answer | Asked in Family Law and Child Support for Michigan on
Answered on Feb 14, 2018
Maureen Martin Caster's answer
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 out of your check right away. You may wish to make a direct payment to FOC so you don't get in an arrears situation.

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.

1 Answer | Asked in Divorce for Michigan on
Answered on Feb 13, 2018
Maureen Martin Caster's answer
If the property was owned prior to the marriage but did appreciate in value, the appreciation in value is divided.

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

1 Answer | Asked in Child Support for Michigan on
Answered on Feb 8, 2018
Maureen Martin Caster's answer
If he is the father of the child, yes.

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

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Answered on Feb 8, 2018
Maureen Martin Caster's answer
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.

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

1 Answer | Asked in Family Law and Child Custody for Michigan on
Answered on Feb 6, 2018
Maureen Martin Caster's answer
You may file a motion asking to terminate the guardianship.

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

1 Answer | Asked in Child Support for Michigan on
Answered on Feb 6, 2018
Maureen Martin Caster's answer
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.

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

1 Answer | Asked in Family Law and Child Support for Michigan on
Answered on Feb 6, 2018
Maureen Martin Caster's answer
He needs to file a motion before the judge asking for a change in child support.

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

1 Answer | Asked in Divorce for Michigan on
Answered on Feb 6, 2018
Maureen Martin Caster's answer
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.

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

2 Answers | Asked in Probate for Michigan on
Answered on Feb 6, 2018
Maureen Martin Caster's answer
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 conservatorship could be required to protect the money until the child turns 18.

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

1 Answer | Asked in Divorce and Family Law for Michigan on
Answered on Feb 1, 2018
Maureen Martin Caster's answer
You would have to file a motion to change how the child support is paid.

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

1 Answer | Asked in Divorce for Michigan on
Answered on Jan 29, 2018
Maureen Martin Caster's answer
No, it isn't legal. You should contact the mortgage company and the title company.

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

1 Answer | Asked in Child Custody and Family Law for Michigan on
Answered on Jan 25, 2018
Maureen Martin Caster's answer
You should file a motion asking the court to go back to supervised parenting time.

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

1 Answer | Asked in Child Custody for Michigan on
Answered on Jan 25, 2018
Maureen Martin Caster's answer
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.

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

2 Answers | Asked in Estate Planning for Michigan on
Answered on Jan 25, 2018
Maureen Martin Caster's answer
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.

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

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Answered on Jan 25, 2018
Maureen Martin Caster's answer
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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