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Questions Answered by Neil Colman
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
Neil Colman
answered on Sep 7, 2017

Absolutely not

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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can my ex keep our children's important documentation away from me ? Ssc, birth certificate. She refuses for some reaso

Thank you.

Neil Colman
Neil Colman
answered on Sep 2, 2017

Sure. But you certainly can obtain your own copy of a birth certificate.

1 Answer | Asked in Child Support for Michigan on
Q: Can they count overtime on Child support if it's not mandatory and if they can't what can i do if they did count it
Neil Colman
Neil Colman
answered on Sep 2, 2017

Overtime income is included for calculating child support

2 Answers | Asked in Family Law and Child Support for Michigan on
Q: I'm going through my first child support review. My salary increased 2 yrs ago, can they issue arrears on prev incone?

My daughter is 17 and I have roughly 11 months left to pay. Haven't had a review ever.

Neil Colman
Neil Colman
answered on Aug 31, 2017

Child support may only be retroactive to the date on which the motion for modification was filed.

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1 Answer | Asked in Divorce for Michigan on
Q: Parenting time/Morality Clause question

Live in Michigan. I have have been seeing my girlfriend for over a year. Ex wife, me, marriage was over years before that. Finally had divorce finalized in June. Girlfriend and I are getting married this month. Will we have a problem with the clause in my decree that states, "the children... View More

Neil Colman
Neil Colman
answered on Aug 27, 2017

Being married, in my opinion, is not contemplated and should nullify that dumb provision.

2 Answers | Asked in Civil Litigation, Family Law and Child Custody for Michigan on
Q: Can a trial be adjourned if the opposing attorney changes the name of its law firm and I sign an Order of Substitution?

They have had trial adjourned twice already. It would be the same lawyer just under a different law firm name (their own). I don't want to do anything that would allow them to push trial back. Would my signing an Order of Substitution af Attorney give them a way to ask for and be granted an... View More

Neil Colman
Neil Colman
answered on Aug 24, 2017

First, if it's a custody case, did you hire an experienced family law attorney to represent your interest? If not, do so, as custody matters can be and generally are complex. I don't know where you're located, so it's difficult to advise you of the policies and practices of the... View More

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1 Answer | Asked in Family Law for Michigan on
Q: I'm a divorced father from michigan I moved to California my wife lives with boyfriend with my 2 minor children

We have joint legal custody she's going to jail. Her mom trying to hold kids what can I do to get my children. Can grandparents or boyfriend keep them?

Neil Colman
Neil Colman
answered on Aug 21, 2017

I assume she lives in Michigan with her boyfriend and the two children and will be going to jail in Michigan. Where does your ex-wife live? Was the judgment of divorce entered in Michigan? If so, what county? If it is a Michigan judgment to enforce, I would urge you to contact an experienced and... View More

2 Answers | Asked in Estate Planning and Family Law for Michigan on
Q: My mom passed away 8/1/2017 without a will. There are only 2 dependents, my brother and I. She was divorced.

I have filed all required forms through Probate and have a hearing on 9/20/2017 to be appointed PR. In the meantime, are we allowed to clean out her home of trash and expired food prior to the hearing? Can I do anything with her personal belongings?

Neil Colman
Neil Colman
answered on Aug 21, 2017

I don't see why not.

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1 Answer | Asked in Child Support for Michigan on
Q: I live in michigan. I got a letter in the mail to start a child support case for my newborn son but i never filed...

I have never filed for child support, and my husband has never left the home. We are low income and receive assistance from dhs. I called numerous times to explain that i do not need child support and have followed up over and over. Prosecuting attorney office says it had been updated but they... View More

Neil Colman
Neil Colman
answered on Aug 15, 2017

The fact that you receive public assistance gives the Department of Health and Human Services the right to pursue collection of support from the responsible party who is not receiving benefits and is not living in the home. You didn't file for child support but you've received and... View More

1 Answer | Asked in Divorce for Michigan on
Q: Can i file for divorce right now in Michigan if i just returned here after living in Florida for the past 7 months?

We are not military.

Lived in Michigan our entire 27 year marriage with the exception of the past 7 months.

Neil Colman
Neil Colman
answered on Aug 7, 2017

Did you change your address to a Florida address? The law provides that you must be a resident of the State of Michigan for 6 months prior to filing a divorce action and 10 days in the county where the case is filed (either the county where you or he/she lives).

1 Answer | Asked in Adoption and Family Law for Michigan on
Q: My boyfriend wants to adopt my 5 yr old son

My boyfriend and i have been together for almost 3 yrs and he wants to adopt my son but the biological dad hadnt been around only met him once and has been in prison since 2012 how can we get his right terminated so he can adopt him?

Neil Colman
Neil Colman
answered on Aug 7, 2017

Once the adoption process begins the court or your attorney will handle the termination of parental rights as is required by law. However, the adoption cannot be accomplished, or the process begun, unless the two of you marry. Then the courts generally want the parties' to be at least 1 year.... View More

1 Answer | Asked in Divorce and Child Support for Michigan on
Q: wife wants $1,000 a month wants me to put it in writing so that it will help her get a house

It's all I can do right now to make ends meet how my going to come up with an extra thousand dollars besides that she's been sleeping around for the last 8 months with 5 different guys and we're still married so does that affect child support cuz that's adultery

Neil Colman
Neil Colman
answered on Aug 6, 2017

Is there a divorce case pending right now? If so, I strongly suggest that you hire an experienced family law attorney to represent your interests. What she wants does not mean that is what she'll get. Infidelity has no bearing on child support, as child support is based on the number of... View More

1 Answer | Asked in Family Law for Michigan on
Q: If i file for legal seperation can i ask in a judgement to seek professional help to reconciliation

I have two.kids involved and i want a professional to be able tomtell a judge yes they best option from my professional opinion is to divorce. He hasnt filed and i dont want a divorce but i need spousal and chjld support until things eitjer are fixed or divorced

Neil Colman
Neil Colman
answered on Aug 6, 2017

No, The court cannot order parties to seek marriage counselling to save a marriage. A Complaint for Separate Maintenance requires the same filing of documents as in a divorce case, with the only difference being that you are not divorced. All property is divided, debt is apportioned, child support... View More

1 Answer | Asked in Family Law and Elder Law for Michigan on
Q: My mother is 85 years old she takes her money and squanders it does not pay her bills what can I do to take over

She also is in the progress of being evicted from her home she has no gas or electricity cuz she did not pay the bills this is a very time thing

Neil Colman
Neil Colman
answered on Aug 2, 2017

You could petition the Probate Court for guardianship and your appointment as your mother's conservator. Consult a probate attorney.

1 Answer | Asked in Child Custody for Michigan on
Q: In MI, If my name is not on the birth certificate, do I still have to sign something to terminate my rights?

Mother wants me to terminate my rights, and I want to.

Neil Colman
Neil Colman
answered on Jul 26, 2017

Nothing to terminate. You legally are not the child's parent until you've been determined to be the biological father. Without being the legally determined father, you have no rights to see the child or pay support for the child, unless, for some reason, there is already a child support... View More

1 Answer | Asked in Child Support for Michigan on
Q: If I add my child father to my public assistance case will that keep him for paying child support and lower my case

From my Food stamps and my cash assistance

Neil Colman
Neil Colman
answered on Jul 26, 2017

No

1 Answer | Asked in Child Support for Michigan on
Q: What motion do I file to have non custodial parent help pay for sports and day care
Neil Colman
Neil Colman
answered on Jul 26, 2017

If the child is already 12 years of age, child care is only available until August of the year following the 12th birthday. As for filing a motion, retain an attorney or at least consult with one face to face. The purpose of a forum of this nature is not to educate people how to practice law, since... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can you explain this. I want to get a paternity test done. This is one one of the questions.

I request that the court order the following

A) set aside order of filiation, or

B) other (write a detailed explanation)

Neil Colman
Neil Colman
answered on Jul 26, 2017

If there is no court order naming you as the father, then A does not apply. An Order of Filiation is an order that names an individual as the biological father. So B applies. Just indicate that you are seeking DNA testing to establish paternity of a child you believe is or is not your child.

1 Answer | Asked in Divorce for Michigan on
Q: Decree reads: it is further ordered that the defendant is awarded the 2008 Dodge Caliper free and clear of any claim

Of the Plaintiff and the defendant will assume any and all liabilities or indebtedness.

? The Plaintiff gave a key to said car and had it taken in the middle of the night from defendant home. Is this illegal? Can I have her arrested?

Neil Colman
Neil Colman
answered on Jul 26, 2017

Whose name was the car titled in? The Judgment controls, even though title may be in Plaintiff's name. Can you prove she took the car? Do you know who took the car? If someone other than the Plaintiff took the car at Plaintiff's request, there's nothing you can do to the third party,... View More

1 Answer | Asked in Child Support and Family Law for Michigan on
Q: In MI, just officially filed for child support our kids are 3 & 4. Can I get back support?

Our kids are 3 and 4, he is not on the birth certificates. But he has always know they are his.

Neil Colman
Neil Colman
answered on Jul 25, 2017

If he's not on the birth certificates then there first must be a legal determination that he's the father, regardless of whether he has known they are his. But as for back child support, the answer would be no.

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