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Questions Answered by Neil Colman
1 Answer | Asked in Divorce for Michigan on
Q: My wife and I have live at the same address for 27 years. Both of our names have been on the deed since 2003.

We have been talking about getting a divorce and she maintains that because the property was deeded to her prior to our marriage, I have no rights to it. What are my rights, please?

Thank you.

mr

Neil Colman
Neil Colman answered on Oct 12, 2019

I would have to say that after 27 years of marriage, she's not going to receive the home as her sole and separate property. Whatever you do, I strongly urge you to retain the services of an experienced and knowledgeable family law attorney, especially in light of the comments she's made. Unless it... Read more »

2 Answers | Asked in Divorce and Tax Law for Michigan on
Q: Divorce 2/2018. Ex has rec'd notices re: taxes owed for 15 & 17. he is self employed, i'm not. He says i'm liable.

Filed MFJ 4/2018 per decree. I have my taxes taken out of my payck. He is self employed and owner of business and doesn't have them come out. We owed State and city taxes which were paid. Now he is saying we owe more and because we were married when they were incurred I should be responsible... Read more »

Neil Colman
Neil Colman answered on Dec 13, 2018

What does your Judgment provide? If they were joint returns and not addressed in the Judgment, you may have to go back to court in an attempt to get clarification. The government is not a party to your divorce. Therefore, both taxpayers are liable if not addressed in the Judgment.

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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My husband has /sole custody of his daughters, they are currently with their mom... can he legally take them back?

One has been there since Nov 2014 the other 2 have been there since June 2015. Two of them really don’t want to be there, they don’t like the living arrangements. Their mom is always sleeping and their mom and her boyfriend are constantly fighting. He has told his ex that he was going to get... Read more »

Neil Colman
Neil Colman answered on Jan 23, 2018

How long have his daughters been with their mother? If for an extended period of time, she might file a motion with the court seeking to change the custodial arrangement. The court order or Judgment grants him sole custody, so there's no reason why they should not be with him, absent my caveat.

1 Answer | Asked in Family Law for Michigan on
Q: There is a court order in place since 2006 outlining parenting time for both father and mother.

If the custodial parent refuses to turn kids over on parenting time, can the police dept accompany the non custodial parent to exercise the parenting time? Court order is in place.

Neil Colman
Neil Colman answered on Dec 8, 2017

The police will generally not get involved in this process. I say generally because it might be a small department in a small community where the individuals live and are known.

2 Answers | Asked in Family Law for Michigan on
Q: My ex husband and his attorney continue to write threatening letters to my attorney. Specifically, they threaten to

file motions in an effort to change the judgement of divorce. This is costing me attorney fees to respond to his stupidity. Can I sue him and his attorney for the continual harassment and try to recover my costs?

Neil Colman
Neil Colman answered on Dec 8, 2017

Talk to your attorney. That's who you're paying. You have control over the situation. Just don't respond to any letter and save your money to pay the attorney if they carry out one of the threats.

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1 Answer | Asked in Child Support for Michigan on
Q: How much of the child support thathe gets taken out of my check actually goes to my kids? (Does the starest take any?)
Neil Colman
Neil Colman answered on Nov 28, 2017

All child support is sent to the recipient of support (custodial parent generally). If anything is withheld by the state, it means that public assistance has been involved and funds that may be taken go to reimburse the taxpayers of the state who contribute to the support of those children.

1 Answer | Asked in Child Support for Michigan on
Q: Can a child over 18 sign off on past child support payments for their parent?

Mom and dad were never married. I'm in my 20s now, and my mom is paying past child support. But it no long applies to me, and I never felt that it did in the case of my father. He keeps attacking her to pay it, but I don't think that he should be able to anymore, because I have not been a dependent... Read more »

Neil Colman
Neil Colman answered on Nov 28, 2017

Unfortunately, the answer is no. It is the recipient of support who is entitled to the money for the funds expended and for which they did not receive support from the payer.

1 Answer | Asked in Child Support and Divorce for Michigan on
Q: Do u take into consideration previous children that dont live in the home or pay support for when setting new support?

My soon to be ex husband has 3 boys that live with their mom...my husband was just arrested for assaulting me and she doesnt want him near the boys. No support order for them. How will that factor in when setting support for my son? Is his income still reduced to account for them?

Neil Colman
Neil Colman answered on Nov 22, 2017

These would be his stepchildren, correct? If so, they don't come into play. He's not entitled to any set-off or credit, as he has no legal obligation for the support of those children (they're not his biological children).

1 Answer | Asked in Divorce for Michigan on
Q: I have been served with divorce papers in the state of Michigan. Do I have to remain at residence until divorce is final
Neil Colman
Neil Colman answered on Nov 20, 2017

That depends. If there are minor children involved and your intention is to move with the children, most courts would not permit it without first obtaining the court's permission/order. If there are children and the move would be without the children, you need not remain in the residence. I caution... Read more »

1 Answer | Asked in Child Custody and Child Support for Michigan on
Q: Can a judge force me to pay child support for my child that was taken out of state without permissher mom has a warrant?
Neil Colman
Neil Colman answered on Nov 16, 2017

You have an obligation to comply with the Court Order for Support until another such order is entered. I suggest you retain an experienced family law attorney to file a Motion to Suspend Support and to require her to bring the child(ren) back if that's what you want. Again, much could depend on... Read more »

2 Answers | Asked in DUI / DWI for Michigan on
Q: 4th DUI & driving on a suspended. Last DUI was 13yrs ago. What could I be looking at for jail time?

This happened in Gladwin county Michigan.

Neil Colman
Neil Colman answered on Oct 25, 2017

3 or more OWI is a felony which is punishable up to 5 years in prison.

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1 Answer | Asked in Family Law and Estate Planning for Michigan on
Q: If i make a will and state that i want my children to go to my mother instead of their father will my wishes be granted?
Neil Colman
Neil Colman answered on Oct 19, 2017

No Father’s rights are superior to anyone you may request by Will or otherwise.

1 Answer | Asked in Child Custody for Michigan on
Q: A friends father of her 4 kids took the kids to washington where does she file for custody? Michigan or washington?

My friend went to jail for 3 weeks during that time he took their four kids to washington. And now refuses to let her even talk to them. There is no court order currently in place and he is the father on the birth certificates. Now that she is home she wants to file for custody but we dont know... Read more »

Neil Colman
Neil Colman answered on Oct 17, 2017

Hire an experienced family law attorney who can file in the county where you reside and he/she could file motion seeking an Order requiring that the kids be returned to the State of Michigan, since Michigan is their home state.

1 Answer | Asked in Child Custody for Michigan on
Q: What form do I need to fill out to guarantee that I, the mother, will have custody during the custody fight.

We are not married and lived together. He has been verbally abusive me, and wants joint custody. He parents have money and have a lawyer. I don't have any money for a lawyer and need guidance on this. What other forms do I need to fill out. He has already filled in Calhoun County MI. He... Read more »

Neil Colman
Neil Colman answered on Oct 17, 2017

There are no forms to fill out to resolve the problem. You MUST find a way to borrow money and hire an experienced family law attorney. This is not an easy process. You’re not qualified to handle a matter of this importance or magnitude. No one can teach you how practice law, and that’s why you... Read more »

1 Answer | Asked in DUI / DWI for Michigan on
Q: Someone I know got a DUI in Sarnia, Ontario, CAN but is a US citizen in Michigan. Any law advice for them?

The cop who booked him said if he has no intentions on ever coming back to Canada, he could just not show up to court for his hearing. With Ontario and Michigan having a reciprocity law, would the warrant there show up here? They impounded his car and took his license but was able to have someone... Read more »

Neil Colman
Neil Colman answered on Oct 16, 2017

Have him hire a Canadian attorney right away. Don’t play games, as it can come back to haunt you. Your Michigan license and driving privileges will be affected.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can I give my boyfriend rights to my son? Michigan terminated my son's dad's rights!!!
Neil Colman
Neil Colman answered on Oct 15, 2017

You should consult with a probate attorney about guardianship or co-guardianship with your boyfriend.

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Q: Do I need to supply diapers when my child's father takes our son?

I have sole custody of my son. His father pays $50 a week in child support. Occasionally his father will take our son for the weekend. Is it my responsibility to supply him with diapers or is it his to buy them for the time he has him?

Neil Colman
Neil Colman answered on Oct 13, 2017

His responsibility unless he’s irresponsible. You’ll know if and when the child comes home with a soiled diaper.

1 Answer | Asked in Child Custody for Michigan on
Q: My ex is taking our kids to Florida to live in a camper with 5 other people in one week. Can I prevent this?

He and his current wife unfairly gained custody of my 11 and 13 year old sons 2 years ago. They have alienated me from them since. I've just learned through the grapevine he's planned a sudden move to Florida where they will be living in a fifth-wheel camper with 3 other children (7 people total).... Read more »

Neil Colman
Neil Colman answered on Oct 12, 2017

You start with retaining a very experienced family law attorney who has been involved in custody cases. Don't know why you say he gained custody unfairly. If you were not represented or did not take part in the proceedings, that is your fault. Is there a Judgment? Was he awarded sole legal and sole... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: I have only been married a year. The house is in my husband's name and he is saying I can't get the house. Is this true

Also, many guns we're acquired during the marriage, they are in his name. It was OUR money that bought them. Can I get the value of them?

Neil Colman
Neil Colman answered on Oct 12, 2017

With a marriage of 1 year you might be lucky to get 50% of the value of the guns you claim were purchased during the marriage. What happens when he asks you for 50% of the value of the clothing you may have purchased during the marriage with joint money? What is the ratio of your respective... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: My husband and I rent a home together where both names are on the lease. If I file for divorce, does he have to leave?

I have been married 12 years and have recently discovered my husband has been having inappropriate relationships with other women. We rent a home together. I do not have a retainer fee to pay for an attorney. I am ready to file for divorce, but I am worried he will not leave the home when I ask... Read more »

Neil Colman
Neil Colman answered on Oct 11, 2017

In my opinion, there is nothing you can do to make him leave if he doesn’t honor your request to leave. The fact that he is having inappropriate relations is not a basis for a court to require him to leave.

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