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Questions Answered by Neil Colman

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

Q: not divorced worried about kids

my husband has not even filed for divorce and has moved in with his girlfriend and has my children staying there. My 10 year old is not comfortable with this and has stated this to her father and to her counselor. Do I have any legal help on my side?

Neil Colman answered on Oct 9, 2017

Unless you do something about this, I'm not quite sure he will. You are the one who should be filing a complaint and seeking a divorce. There is nothing the police or you can do, as there are no court orders in place that are enforceable. Consult with an experienced family law attorney to get a... Read more »

1 Answer | Asked in Family Law for Michigan on

Q: Do I have to honor visitation order when noncustodial parent has been guilty of parental kidnapping?

I have two children, I have sole physical custody and share legal custody with their father. We have a visitation order in place and their father recently violated the order by committing parental kidnapping. I filed a police report and I also filed a motion to obtain full custody, the hearing for... Read more »

Neil Colman answered on Oct 7, 2017

You must follow court orders until a different order is put in place.

1 Answer | Asked in Child Support for Michigan on

Q: I just got married, and now my son mother wants child support. Will child support be judge off both income or just me?

Neil Colman answered on Oct 6, 2017

The incomes of only the parties and the number of overnights your son spends with you in a year are used to determine the amount of child support.

1 Answer | Asked in Divorce for Michigan on

Q: My husband filed for divorce and has a court date for this mo. What if he doesnt have me served with anything before?

Neil Colman answered on Oct 4, 2017

I'd still contact and consult with an experienced family law attorney. Your husband can claim you were served by merely filing a document that says you were served. That could happen if he is representing himself. If he's represented by an attorney, I don't think a false claim of service would be... Read more »

1 Answer | Asked in Child Support for Michigan on

Q: How far back to they look at income when determining support? Do they take an average of past years or income now?

I am making three times as much money as I usually do for the past four months because I am traveling, working 84 hrs a week. Normally I work 50 hours a week at home. I will be on the road for another two months then may go back to 50 hrs at home or may travel again making a similar amount that I... Read more »

Neil Colman answered on Oct 4, 2017

The court can use an average of 3 years. However, if this income is a one time occurrence, an argument can be made to exclude the income from the support calculation for the very reason it is isolated year’s income. Seek the advice of an experienced family law attorney should you find yourself in... Read more »

1 Answer | Asked in Child Custody for Michigan on

Q: Noncustodial parent, not taking child out of the state, she is staying with her father. Can the state Force me to stay

Noncustodial parent, not taking child out of the state, she is staying with her father. Can the state Force me to stay

Neil Colman answered on Oct 3, 2017

Assuming you are the custodial parent and are dropping the child off for parenting time with the father, the state cannot force you to stay while the parenting time is taking place, unless there is a restriction in the parenting time order. I hope this answers your question, because it was a bit... Read more »

1 Answer | Asked in Child Support for Michigan on

Q: Child support/arrears paid, but court appearance was unknwn and missed. Will i have to pay court fees?

Im military vet. That paid in full child support and any arrears. My last payment was 7yrs ago. My child is 27yr old. I recently learned i have a failure to appear on my record for this child support case. I was never notified as i moved around often due to my military job and change of income from... Read more »

Neil Colman answered on Sep 29, 2017

When was there a court date? What did you receive that says you missed a court date? How long ago? What county? I’d contact an experienced family law attorney in the county in which your Judgment was entered to determine cost, if any, to assist you in trying to straighten out the matter. Thank... Read more »

1 Answer | Asked in Divorce for Michigan on

Q: how can I obtain a free copy of my marriage certificate?

I got married in Lucas County, Ohio and I was wondering how to obtain a free copy of my marriage certificate?

Neil Colman answered on Sep 29, 2017

I don’t think anything is free today. Bests thing to do is contact Lucas County Clerk and make inquiry about who to contact to obtain a copy of your certificate.

2 Answers | Asked in Child Custody for Michigan on

Q: How old does a teenager have to be to have a say in if she wants to go to her dad's or not. She doesn't want to see him.

My daughter has came to the conclusion that she doesn't want to see her father anymore because she is tired of being lied to.

Neil Colman answered on Sep 28, 2017

There is no age. Courts will not allow a child to control the issue. The courts willing give more credence to the comments of a 16-17 year old than to those of a 8-10 year old.

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

Q: Do you have to pay child support if your not divorced or legally separated in Michigan I am in a legal battle now

Wife left the house with the child and I have not spent much time with her because of it and now I received paperwork from friends of the court

Neil Colman answered on Sep 25, 2017

If you received paperwork from the Friend of the Court then obviously a divorce action or some other court action was filed wherein you will be required to pay support retroactively. I suggest you take that paperwork to an experienced and knowledgeable family law attorney.

1 Answer | Asked in Divorce for Michigan on

Q: My wife and I are divorcing and she has been a stay at home Mom for 9 years. How do I figure out spousal support?

We are divorcing without lawyers and court but it feels like the spousal support is crazy high

Neil Colman answered on Sep 25, 2017

You either come up with an agreement and prepare the appropriate court order, or the Judge will decide at trial. I believe both of you will be doing a disservice to yourselves by proceeding without an attorney. It's not as easy as you might think to process this through the court, especially when... Read more »

1 Answer | Asked in Child Support for Michigan on

Q: if the non custodial parent lives out of state how does that effect the amount determined?

I received some papers in the mail asking who pays for childcare.. if both of us payed how would I go about reporting it on the form?

Neil Colman answered on Sep 22, 2017

Being out of state has nothing to do with the amount determined. If both parents pay for childcare, put down how much you pay and the other party will put down what they pay on the same questionnaire, assuming the other party has to fill out a questionnaire.

1 Answer | Asked in Traffic Tickets for Michigan on

Q: I just found out TODAY my license is suspended since 1998; do tickets expire? I NEED help!

Neil Colman answered on Sep 19, 2017

No, tickets do not expire. More likely than not there was a suspension of your license in 1998 because you failed to pay at least one ticket, or because you failed to appear in court for a scheduled hearing. I assume you've been charged with driving while license suspended, which is a misdemeanor... Read more »

1 Answer | Asked in Domestic Violence for Michigan on

Q: What do I need to do to get my case dismissed for domestic violence. It was an over esculated problem. What do I do

I didn't hurt my wife, just tried to push her out the door of our house...she didn't leave, I let her go and left myself. She called the cops and now I have a no contact order with her and am afraid the problem will get much worse if I can't get this dismissed, I don't believe she wanted to let it... Read more »

Neil Colman answered on Sep 17, 2017

Hire an attorney. No one is just going to dismiss the charges, even if your wife doesn't want to prosecuted.

1 Answer | Asked in Child Support for Michigan on

Q: I have been getting voluntary child support for 5 Years. If I go to court can I get the back pay for the 5 years anyway?

Neil Colman answered on Sep 15, 2017

No. Why would you want to cheat someone out of money? Totally inappropriate and dishonest!

1 Answer | Asked in Domestic Violence for Michigan on

Q: I received a notice to appear in court as the complainant for domestic violence against my husband I don't wanna go

Neil Colman answered on Sep 14, 2017

Much of what could happen to you if you fail to appear to testify depends on the community in which you live as well as the policies and practices of the court before who cases of this nature are heard. Technically, the fact that you do or do not want to testify is unimportant. You are merely a... Read more »

1 Answer | Asked in Divorce for Michigan on

Q: After a default is filed in an uncontested divorce with NO children, how long before Im finally free

Neil Colman answered on Sep 14, 2017

Assuming all the paperwork has been properly filed and procedures properly followed, one is able to get a divorce in Michigan 60 days from the date the action is filed. It's a pretty short process assuming everything is properly done. Better off consulting an attorney if it's your desire is to... Read more »

1 Answer | Asked in Divorce for Michigan on

Q: 60 day divorce, uncontested, with minor children. Possible in Michigan?

My ex and I agree on everything and know the marriage is over. We've been split for 6 months and he just filed 2 weeks ago. We'd both like to get this over with so we can move on and heal. Is it at all possible since we have minor children?

Neil Colman answered on Sep 12, 2017

The statutes provide for a 6 month waiting period when minor children are involved, as you obviously know. Depending upon where you live and the policy of the Judge to whom your case has been assigned, it might be possible to have a portion of the waiting period waived, but there must be a... Read more »

1 Answer | Asked in Child Support for Michigan on

Q: I'm getting child support twice a week rather than once a week all month? Any idea why this is happening?

I have been getting my child support payment all in a week or two rather than throughout the whole month and was wondering why.

Neil Colman answered on Sep 7, 2017

Contact the Michigan State Disbursement Unit in Lansing, MI.

2 Answers | Asked in DUI / DWI for Michigan on

Q: Can I claim I didn't know the law if I'm a resident of another state and am pulled over with a blood-alcohol level

that's above the legal limit in Michigan but which would've been legal in my own state?

Neil Colman answered on Sep 7, 2017

Absolutely not

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