Questions Answered by Neil Colman

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.

2 Answers | Asked in Divorce and Tax Law for Michigan on
Answered on Dec 13, 2018
Neil Colman's answer
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.

Q: My husband has /sole custody of his daughters, they are currently with their mom... can he legally take them back?

1 Answer | Asked in Family Law and Child Custody for Michigan on
Answered on Jan 23, 2018
Neil Colman's answer
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.

Q: There is a court order in place since 2006 outlining parenting time for both father and mother.

1 Answer | Asked in Family Law for Michigan on
Answered on Dec 8, 2017
Neil Colman's answer
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.

Q: My ex husband and his attorney continue to write threatening letters to my attorney. Specifically, they threaten to

2 Answers | Asked in Family Law for Michigan on
Answered on Dec 8, 2017
Neil Colman's answer
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.

Q: How much of the child support thathe gets taken out of my check actually goes to my kids? (Does the starest take any?)

1 Answer | Asked in Child Support for Michigan on
Answered on Nov 28, 2017
Neil Colman's answer
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.

Q: Can a child over 18 sign off on past child support payments for their parent?

1 Answer | Asked in Child Support for Michigan on
Answered on Nov 28, 2017
Neil Colman's answer
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.

Q: Do u take into consideration previous children that dont live in the home or pay support for when setting new support?

1 Answer | Asked in Child Support and Divorce for Michigan on
Answered on Nov 22, 2017
Neil Colman's answer
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).

Q: I have been served with divorce papers in the state of Michigan. Do I have to remain at residence until divorce is final

1 Answer | Asked in Divorce for Michigan on
Answered on Nov 20, 2017
Neil Colman's answer
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 you however. There may be issues relating to payment of child support and/or maintaining of marital expenses which might be affected by such a decision. I highly suggest you retain the services of an...

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?

1 Answer | Asked in Child Custody and Child Support for Michigan on
Answered on Nov 16, 2017
Neil Colman's answer
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 what your Judgment states and how long she's been out of the State of Michigan with the child(ren). All Judgments are to state that the domicile or residence of the minor child(ren) cannot be removed...

Q: 4th DUI & driving on a suspended. Last DUI was 13yrs ago. What could I be looking at for jail time?

2 Answers | Asked in DUI / DWI for Michigan on
Answered on Oct 25, 2017
Neil Colman's answer
3 or more OWI is a felony which is punishable up to 5 years in prison.

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?

1 Answer | Asked in Family Law and Estate Planning for Michigan on
Answered on Oct 19, 2017
Neil Colman's answer
No Father’s rights are superior to anyone you may request by Will or otherwise.

Q: A friends father of her 4 kids took the kids to washington where does she file for custody? Michigan or washington?

1 Answer | Asked in Child Custody for Michigan on
Answered on Oct 17, 2017
Neil Colman's answer
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.

Q: What form do I need to fill out to guarantee that I, the mother, will have custody during the custody fight.

1 Answer | Asked in Child Custody for Michigan on
Answered on Oct 17, 2017
Neil Colman's answer
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 need an attorney.

Q: Someone I know got a DUI in Sarnia, Ontario, CAN but is a US citizen in Michigan. Any law advice for them?

1 Answer | Asked in DUI / DWI for Michigan on
Answered on Oct 16, 2017
Neil Colman's answer
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.

Q: Can I give my boyfriend rights to my son? Michigan terminated my son's dad's rights!!!

1 Answer | Asked in Family Law and Child Custody for Michigan on
Answered on Oct 15, 2017
Neil Colman's answer
You should consult with a probate attorney about guardianship or co-guardianship with your boyfriend.

Q: Do I need to supply diapers when my child's father takes our son?

1 Answer | Asked in Family Law, Child Custody and Child Support for Michigan on
Answered on Oct 13, 2017
Neil Colman's answer
His responsibility unless he’s irresponsible. You’ll know if and when the child comes home with a soiled diaper.

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?

1 Answer | Asked in Child Custody for Michigan on
Answered on Oct 12, 2017
Neil Colman's answer
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 physical custody? What does the Judgment say about changing the children's residence or domicile outside the State of Michigan? You have an uphill battle to gain custody. Good luck.

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

1 Answer | Asked in Divorce for Michigan on
Answered on Oct 12, 2017
Neil Colman's answer
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 incomes? As for the house you will get nothing, especially since it was his premarital property.

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?

1 Answer | Asked in Divorce for Michigan on
Answered on Oct 11, 2017
Neil Colman's answer
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.

Q: My child support will be finished after two more payments. Anything I need to do? Currently my paycheck is being garnish

1 Answer | Asked in Child Support for Michigan on
Answered on Oct 11, 2017
Neil Colman's answer
To play it safe, I would contact the FOC to make sure it’s on the same page.

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