Questions Answered by Neil Colman

Q: not divorced worried about kids

1 Answer | Asked in Divorce, Child Custody and Family Law for Michigan on
Answered on Oct 9, 2017
Neil Colman's answer
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 divorce action filed. The attorney could then file a motion asking the court to order that parenting time not occur in the presence of his girlfriend. The court has the authority to restrict parenting...

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

1 Answer | Asked in Family Law for Michigan on
Answered on Oct 7, 2017
Neil Colman's answer
You must follow court orders until a different order is put in place.

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

1 Answer | Asked in Child Support for Michigan on
Answered on Oct 6, 2017
Neil Colman's answer
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.

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

1 Answer | Asked in Divorce for Michigan on
Answered on Oct 4, 2017
Neil Colman's answer
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 filed with the court. If not served and no one files a proof of service (that you served), the court date should then be rescheduled. The law only requires that you be served with the paperwork...

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

1 Answer | Asked in Child Support for Michigan on
Answered on Oct 4, 2017
Neil Colman's answer
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 this position.

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

1 Answer | Asked in Child Custody for Michigan on
Answered on Oct 3, 2017
Neil Colman's answer
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 difficult to determine what your question was.

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

1 Answer | Asked in Child Support for Michigan on
Answered on Sep 29, 2017
Neil Colman's answer
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 you for your service.

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

1 Answer | Asked in Divorce for Michigan on
Answered on Sep 29, 2017
Neil Colman's answer
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.

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.

2 Answers | Asked in Child Custody for Michigan on
Answered on Sep 28, 2017
Neil Colman's answer
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.

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

1 Answer | Asked in Child Custody and Child Support for Michigan on
Answered on Sep 25, 2017
Neil Colman's answer
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.

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?

1 Answer | Asked in Divorce for Michigan on
Answered on Sep 25, 2017
Neil Colman's answer
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 there is/are child(ren) involved.

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

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

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

1 Answer | Asked in Traffic Tickets for Michigan on
Answered on Sep 19, 2017
Neil Colman's answer
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 offense. You should hire an experienced attorney to handle not only the matter for which you were just ticketed and your outstanding ticket(s) issue(s).

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

1 Answer | Asked in Domestic Violence for Michigan on
Answered on Sep 17, 2017
Neil Colman's answer
Hire an attorney. No one is just going to dismiss the charges, even if your wife doesn't want to prosecuted.

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?

1 Answer | Asked in Child Support for Michigan on
Answered on Sep 15, 2017
Neil Colman's answer
No. Why would you want to cheat someone out of money? Totally inappropriate and dishonest!

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

1 Answer | Asked in Domestic Violence for Michigan on
Answered on Sep 14, 2017
Neil Colman's answer
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 witness to the crime of domestic violence. The complainant in a case of this nature is the People of the state of Michigan or People of the County of...

They were some jurisdictions that have...

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

1 Answer | Asked in Divorce for Michigan on
Answered on Sep 14, 2017
Neil Colman's answer
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 streamline the process and avoid the pitfalls so many have run into.

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

1 Answer | Asked in Divorce for Michigan on
Answered on Sep 12, 2017
Neil Colman's answer
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 reasonable basis for such relief. Most courts that I have appeared in will not waive 4 months of the waiting period.

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

1 Answer | Asked in Child Support for Michigan on
Answered on Sep 7, 2017
Neil Colman's answer
Contact the Michigan State Disbursement Unit in Lansing, MI.

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.