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Questions Answered by Neil Colman
1 Answer | Asked in Family Law and Juvenile Law for Michigan on
Q: My son is turning 18 in a month. His girlfriend is 17. Can I legally protect him from her crazy mother once he is 18?

I just don't want her mother to file any charges against him once he turns 18. She is fine with their relationship but has a tendency of being dramatic when she's mad.

Neil Colman
Neil Colman
answered on Jul 20, 2017

The simple answer is NO

1 Answer | Asked in Domestic Violence for Michigan on
Q: something happens to me if i refuse to appear in court about domestic violence against my husband?

my husband went to jail, because of domestic violence. then we suppose to go to the court, but I don't want to go, because I want to drop that case. if I m not appear to the court, something is going happens to me?

Neil Colman
Neil Colman
answered on Jul 19, 2017

If you receive a subpoena, that is a court order. If you fail to abide by a court order you can be held in contempt of court and incarcerated. You are only a witness. You have no options with regard to whether or not your husband is to be prosecuted. I suggest your husband retain an experienced... View More

1 Answer | Asked in Child Support for Michigan on
Q: If child is not mine via DNA test is money owed back to me after almost 18yrs of child support paid to exwife?
Neil Colman
Neil Colman
answered on Jul 19, 2017

Do you know if the child is your child, or are you asking just in case you find out that it's not your child? What brought about your curiosity as to whether the child is yours after 18 years? Why wasn't the issue of paternity raised early on? There are questions to be answered in order... View More

1 Answer | Asked in Child Support for Michigan on
Q: I want to know how to stop receiving child support. How would I go about stopping it?
Neil Colman
Neil Colman
answered on Jul 18, 2017

Not enough information. If there's public assistance involved you cannot stop support. The caselaw indicates that it is a child's right to receive support and a parent does not have the right to waive support unless there is a sufficient reason to deviate (such as equal incomes and equal... View More

1 Answer | Asked in Traffic Tickets, Car Accidents and Juvenile Law for Michigan on
Q: 16yrold was in a trafficaccident an got a OUI.He did smoke pot 6hrs before.Had to give blood.How longbefore I get charge

Bay County, Mi

Neil Colman
Neil Colman
answered on Jul 17, 2017

As soon as the blood test results are back.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: How can I prevent being convicted of driving with a suspended license

My license was suspended from a defective equipment ticket (tag light) in 03/2016 which was originally just come in and show us and it will all go away the car ended up in the junk yard a few days later ticket was forgotten about in 07/2017 I was pulled over for speeding and found out that my... View More

Neil Colman
Neil Colman
answered on Jul 17, 2017

Forget about the Miranda issue. It's not like television. There's nothing you can do to prevent a conviction for DWLS other than to hire an experienced attorney to see if he or she can negotiate something different than this misdemeanor. You have no defense to the charge. You were... View More

1 Answer | Asked in Family Law for Michigan on
Q: My Child's Mother, and I separated a few months ago. She will not tell me where they live now. What can I do?

We separated a few months ago, she says "it's not the right time" to tell me where they live. My other son, also goes there to visit, however she is not the biological Mother, nor a guardian.

Neil Colman
Neil Colman
answered on Jul 11, 2017

If there is no litigation involving custody, support and parenting time there's nothing you can do, other than follow your son who obviously knows where she lives.

1 Answer | Asked in Child Support for Michigan on
Q: Ex husband has custody of our daughter she will be 18 in March he said he is gonna raise payments can he

Knowing she only has 8 months left will that be a waste of time on their part or will they try to get all that they can?

Neil Colman
Neil Colman
answered on Jul 10, 2017

Has she graduated from high school yet? If not, she's entitled to support until her 18th birthday or graduation from high school, whichever is later. Also, if she hasn't yet graduated and won't be graduating next year (June 2018), support can be ordered until she's 19 1/2 years... View More

1 Answer | Asked in Child Support for Michigan on
Q: If I take a second part time job will that lower my child support payment from my ex-husband?

I need to take a part time job because I am having trouble paying my bills. I will be working about 15 to 20 hours a week. I am afraid my ex-husband will take me back to court to get his child support reduced. He has since re-married and now has two incomes, so he is not struggling like I am.... View More

Neil Colman
Neil Colman
answered on Jul 6, 2017

I doubt that a part time job will affect the incomes justifying a reduction in support. In order for him to get a support reduction, the amount of the reduction must reflect a change equal to 10% of the amount he is presently paying or $50, whichever is greater. Additionally, there must be a change... View More

1 Answer | Asked in Divorce and Arbitration / Mediation Law for Michigan on
Q: I am divorcing my husband of 37 years, he's been given the opportunity answer discovery questions

His answers are incomplete and erroneous, can he get contempt of court for answering falsely? If he leaves out assets are they automatically given to me in the divorce?

Neil Colman
Neil Colman
answered on Jul 6, 2017

Since you said your husband has given false answers to discovery questions, I'd suggest you contact your attorney and ask her/him the consequences.

1 Answer | Asked in Child Custody for Michigan on
Q: My ex wife wants flight and hotel info for an up coming vacation to Colorado. We have joint custody. Is she obligated?

To this information? We have 2 children. This is my vacation plan and will return in 5 days.

Neil Colman
Neil Colman
answered on Jun 21, 2017

If your Judgment does not provide that you're to give the information to her, I don't believe you are required to do so. However, as a courtesy there should be no problem in providing her with the information so she knows where to contact her child should the need arise.

1 Answer | Asked in Child Support for Michigan on
Q: How does choosing to make less money or working part time instead of full time change support?

My son's mother has recently decided to only work part time at her job instead of the full time she was previously working to stay home with him when he's out of school. How does her choosing to have less income effect the child support calculation?

Neil Colman
Neil Colman
answered on Jun 14, 2017

It depends on how much she earned at full time employment and part time employment. A motion to reduce support much result in a reduction by 10% of the amount being paid or $50, whichever is greater. So if the support is not reduced by a minimum of $50 there will be no reduction. Filing a motion... View More

1 Answer | Asked in Child Support for Michigan on
Q: Lowering support to afford bills

I was never married to my sons mother, I have a child support order which is a large chunk of my income. Myself and his mother are now both married and she has moved 80+ miles away. I have a new baby with my wife and My son's mother has decided to work part time now so he doesn't have to... View More

Neil Colman
Neil Colman
answered on Jun 14, 2017

If there are no child care expenses being incurred, she should not receive any money which is designated as being payment for child care. However, is it possible she may need the child care because someone would have to provide care/supervision while she is at work at her now part time job?

1 Answer | Asked in Child Support for Michigan on
Q: If my ex doesn't take our children for his weekend visits, at all, in the past 3 years, am I entitled to more support f
Neil Colman
Neil Colman
answered on Jun 14, 2017

Quite possibly. Support is based on the incomes of the parties and the number of overnights the children spend with each parent. If you're able to establish he does not exercise his parenting time, then it would appear you might be entitled to a greater support contribution. Hire an... View More

1 Answer | Asked in Child Support for Michigan on
Q: garnishing my wages michigan has not sent my ex any payment since it started in march. what do i do
Neil Colman
Neil Colman
answered on Jun 13, 2017

It takes 4 to 8 weeks to set the file up in Lansing where support payments for the entire state of Michigan.

1 Answer | Asked in Family Law and Probate for Michigan on
Q: My mom just past away and the youngest child says my mom left everything to her what can we do
Neil Colman
Neil Colman
answered on Jun 13, 2017

Hire a Probate attorney who can properly guide you with more information you'll have to provide.

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Can a dad pay support to the17 year old child that has not lived with mom in 2 year instead of the mom
Neil Colman
Neil Colman
answered on Jun 12, 2017

Sure, but be prepared for mother to take you to court. You are required to follow the Court's orders. You pay to the daughter, don't expect to get credit from FOC. Retain an experienced family law attorney to file a request for alternative relief if available.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My child has been living with my mom for 8yrs, won't let me see her, she has no custody, can I get her without court

I'm active with my child. Just want her home with her mother and my mother won't let me even visit. So I'm in a much better position financially and would like to have my daughter home. Can I bring her home without worrying about courts since she lived with her so long?

Neil Colman
Neil Colman
answered on Jun 12, 2017

As long as there are no court orders in place, I don't know why you couldn't have your daughter return home. Is there, or was there, protective services involvement? Does your daughter want to come home? Is there a guardianship in place?

1 Answer | Asked in Adoption and Family Law for Michigan on
Q: My 18 year old daughter wants to be adopted by my fiance. How do we go about that and how long does it take?

My fiance and I have been together and living together for 9 years. My daughter just turned 18 and lost her health insurance and we are trying to be able to get her on his insurance. Her birth father is not on birth certificate, never established paternity and hasn't seen her maybe 4 times her... View More

Neil Colman
Neil Colman
answered on Jun 12, 2017

Your daughter is 18 and an adult. You don't need the natural father's consent. Check with an experienced attorney in Probate matters regarding the adoption of an adult.

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