Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Andrew M Steiger
1 Answer | Asked in Divorce for Michigan on
Q: Fear of being attacked if I serve my husband with divorce papers. Can he be made to move out during the divorce process?

I am currently unemployed and he pays all the bills. He recently put his hands on me on my bday 7/24 and put me out of his house. I came home to my clothes, purses and furniture put out in my vehicles and the garage. So I'm afraid for my safety that this will not turn out well once he is... Read more »

Andrew M Steiger
Andrew M Steiger answered on Sep 26, 2020

You can file a motion to have him leave house. Also consider a personal protection order which can be filed and approved without his knowledge, to keep him out of the house, and be effective when a police officer serves it on him.

1 Answer | Asked in Divorce for Michigan on
Q: What can I do if my husband won't sign divorce papers

separated in December 2018. He moved to Georgia and left all of his belongings and never came back to get his belongings. Now he won't sign the divorce papers. I was told in September 2019 by the sheriff and the county clerk that his belongings were considered abandoned.

Andrew M Steiger
Andrew M Steiger answered on Aug 7, 2020

At some point, after you have diligently tried to serve him and he has refused, you should be able to get a default judgement. Especially if no kids are involved.

1 Answer | Asked in Child Custody and Divorce for Michigan on
Q: I need help with divorce and child custody. I would like to make sure that I dont get abandonment of my child .

I asked for a separation last Saturday night and was asked to leave where I was living. I tried to take my daughter with me but my husband and his family denied me to take her. She is 12 yrs old and she wanted to stay with her dad and grandparents. I just want it known that I didnt abandoned her.... Read more »

Andrew M Steiger
Andrew M Steiger answered on Jul 20, 2020

The court will look at the best interests of the child factors to determine child custody. The fact that your spouse’s family denied your request to take your daughter does not control here. Hire an attorney and file for divorce. Unless there are strong factors weighing against 50/50 custody,... Read more »

2 Answers | Asked in Divorce and Family Law for Michigan on
Q: when i got divorced, was the judge supposed to set up visitation since the father got custody of the child
Andrew M Steiger
Andrew M Steiger answered on Jul 12, 2020

It sounds like the father obtained sole legal and sole physical custody. Generally the other parent receives parenting time to some extent unless the circumstances require otherwise.

View More Answers

1 Answer | Asked in Family Law for Michigan on
Q: My ex won’t sign give me joint or rotate filing taxes I get her 3/4 nights and provide for her. What should I do next?

She won’t sign the affidavit for legal rights I have vacations planned and can’t get passports we broke up 6 months ago I’m tryna move on with life but want this paperwork in order also she being very unfair

Andrew M Steiger
Andrew M Steiger answered on Jun 5, 2020

A good custody/support agreement includes enforceable provisions related to child tax credits/exemptions. Without one, you would defer to the general rules regarding who qualifies as a dependents and who can claim the children. You may have to go to court to have a judge order cooperation and... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: I don't know where to start a divorce. concerns because my ex is being shady and we have a child

I'm a 23 year old female and he is a 26 year old male. This is both of our first marriage. We got married 12/07/2018. He keeps telling his friends and family one story as to why we are divorcing and tells me another story as to what he has told them. He has been active in smearing my name,... Read more »

Andrew M Steiger
Andrew M Steiger answered on May 28, 2020

You start by filing a complaint and serving him. At that point you can begin negotiating child custody, property settlement, etc. If he files first, you would be the defendant but that likely won’t change the outcome related to child custody at all. Michigan is a no-fault divorce state. What... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: I heard there are lawyers that can accept $75 per hour for people with low income. Post divorce area
Andrew M Steiger
Andrew M Steiger answered on May 26, 2020

The Michigan Bar has a program for individuals who do not qualify for legal aid but cannot the typical attorney rate of $200-300 an hour. You must qualify for this program.

2 Answers | Asked in Divorce for Michigan on
Q: I'm trying to get legal aid help with my divorce. How do I go about doing it? I have very low income..
Andrew M Steiger
Andrew M Steiger answered on Apr 23, 2020

You should contact Lakeshore Legal Aid for assistance. If you do not qualify, consider an attorney who may help you on a limited scope representation. This may be an alternative if you have an uncontested divorce, limited to no property to divide, and no children/custody issues.

View More Answers

5 Answers | Asked in Bankruptcy for Michigan on
Q: Got layed off March 19, 2020. On March 20, a debt collector took all the money from bank account, I have no money left.

The money that was in my account was to file bankruptcy, all the courthouses are closed to the public due to the Coronavirus. Everything I had was in my account, now I have no money for rent, food, my car. Is there any way to fight this during a national emergency?

Andrew M Steiger
Andrew M Steiger answered on Mar 22, 2020

There is also the possibility to have the fee either waived or paid in installments, especially if part or all of the garnished bank account will come back to the bankruptcy estate. There are attorneys who will start a bankruptcy filing for a low down payment.

View More Answers

2 Answers | Asked in Probate for Michigan on
Q: IF dead parent left a trust, how can one find out? no communication between siblings.Is there anything that can be done?
Andrew M Steiger
Andrew M Steiger answered on Mar 9, 2020

Trusts are generally private documents that do not require public filing like a will or disclosure in probate. A will may reference a trust and disclose its existence. You may also search public records for property that is commonly put in a trust, like a home, that would require a deed listing... Read more »

View More Answers

1 Answer | Asked in Tax Law for Indiana on
Q: Is it legal for my husband to withhold our joint filed taxes from me?

He has refused to let me have any of the $750 rapid refund we were approved for. He then took every bit of the remaining funds off of the card. Due to his abusive alcoholism we are not staying together as of 2/13/20.

Andrew M Steiger
Andrew M Steiger answered on Feb 15, 2020

Did you report any income on the joint return that contributed to the refund? If so, you may be entitled to injured spouse relief.

2 Answers | Asked in Tax Law for Illinois on
Q: Should I claim innocent spouse?

My husband and I were married in May 2019. When filing for our 2019 taxes I learned that my spouse has claimed “exempt“ on his payroll tax for the entire 2019. The result is over $13,000 in tax liability, when otherwise I would have been due a refund for my portion of overpayment of about $3500... Read more »

Andrew M Steiger
Andrew M Steiger answered on Feb 12, 2020

Based on the limited facts, it sounds like you would not qualify. You are not required to file a joint return, so carefully think your situation through before you file your 2019 return and seek professional advice if you want to reduce or eliminate the risk of being stuck with your spouse’s... Read more »

View More Answers

1 Answer | Asked in Family Law for Michigan on
Q: I have a 12 yr old daughter and her mother has a no contact order where I can’t see or talk to my daughter. I can’t

Afford an attorney, so what can I do to get this order stopped. Her mother has 8 other children and there is an open CPS case right now involving one of her siblings. My daughter also had some history of cutting herself because she wanted to be with me and her mom won’t let her. I have been in... Read more »

Andrew M Steiger
Andrew M Steiger answered on Feb 7, 2020

If you cannot afford a lawyer, reach out to a local legal aid group. Contact the Michigan State Bar if you need help looking that up.

1 Answer | Asked in Tax Law for New Jersey on
Q: How to handle being significantly overcharged for tax preparation fees?

I engaged an Enrolled Agent to prepare my 2018 tax return. He filed for an extension for me and has been almost completely unresponsive (for months) to requests for status causing me to miss the extension deadline. When I finally received the prepared return I got an invoice for $3000. Several... Read more »

Andrew M Steiger
Andrew M Steiger answered on Feb 6, 2020

Without receiving more info from him, I wouldn’t pay. Sounds like he breached whatever contract you may think you have with him, but maybe he knows his bill doesn’t square with his fee. If he threatens to go to collections, threaten to take him to small claims court and notify the BBB.... Read more »

2 Answers | Asked in Tax Law for South Carolina on
Q: If I claimed alimony on my tax return does she have to report alimony as income?
Andrew M Steiger
Andrew M Steiger answered on Feb 5, 2020

The alimony rules changed for 2019. Generally, alimony is not deductible by the payor not includible in income for the recipient for the 2019 tax year. The prior rule required the recipient to include alimony in income.

View More Answers

2 Answers | Asked in Tax Law for Texas on
Q: My 90 year old mother is a co-signer on my mortgage. How to take her off? Discovered tax lien her name.

When she migrated into skilled nursing, Going through her things discovered back tax notifications. Last year filled all her past taxes, one year had a problem. IRS won’t deal with me, asked my CPA to communicate, not very helpful. CPA said he would file something to at least stop additional... Read more »

Andrew M Steiger
Andrew M Steiger answered on Feb 5, 2020

You should consider hiring a tax attorney to review the facts surrounding your mother’s tax debt, whether the lien was properly placed on your property, and how to remove it. Transferring property to scrub a lien does not work. The lien follows the property until the tax is paid, generally by... Read more »

View More Answers

1 Answer | Asked in Tax Law for Pennsylvania on
Q: I paid for child care and they refuse to give me the papers I need to file this on my tax return. How can they do this?

How can I get this from Punkin Patch Childcare?

Andrew M Steiger
Andrew M Steiger answered on Feb 4, 2020

Don’t let the companies failure deter you. Present them with a W-10 and ask for that info. If the company refuses, file a claim for the credit with the info that you have and attach an explanation to your return to document your request for the missing info. The IRS may deny the credit at... Read more »

2 Answers | Asked in Tax Law for Colorado on
Q: Frozen tax return

We filed our taxes and the IRS said we needed more proof of address an relationship to our kids. We sent it it in and we received a notice of denial for rest of tax refund prematurely on the IRS end . We notify the IRS and they have never responded to 3 seperate faxes all papers requested and now... Read more »

Andrew M Steiger
Andrew M Steiger answered on Feb 4, 2020

You should speak with a tax lawyer who can clearly explain the law to the IRS and provide proper documentation to obtain your refund, assuming you qualify. That’s a lot of money to leave on the table. Hire someone who will do the work on a fixed fee, contingency basis so you get that money.

View More Answers

2 Answers | Asked in Family Law, Banking and Probate for Michigan on
Q: I need to become my 14 yr old daughter’s conservator.

My daughter has an inheritance named to her from my Mother. It is coming from a Canadian bank in the amount of $5000 CA.

The bank won’t release the funds to my daughter until I gain conservatorship for her bank account. What forms do I need to fill out to do this in Wayne County?

Andrew M Steiger
Andrew M Steiger answered on Feb 3, 2020

A court appointed conservatorship is a lot of effort for CAD$5,000. I would work with the bank to see if there is another option and point out that you are the child's parent. An easier option might be something like a UTMA.

View More Answers

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Tax Law for Oregon on
Q: Is a cash for keys buyout of my lease taxable income? If so is it regular income or capital gains income?

We lived in the same apartment in Los Angeles for ten years. The landlord let the building degrade over that time refusing to fix basic things like the roof leaking into the bedroom every winter from the start of the lease, not fixing broken security gates & doors, leaving the front gate of the... Read more »

Andrew M Steiger
Andrew M Steiger answered on Jan 31, 2020

It’s hard to say without seeing the lease and buyout agreements. In some cases, taxpayers can argue that a payment like that is actually a reduction in the monthly lease payments based on not receiving the value that you initially bargained for. In other words, an adjustment to the purchase... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.