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Questions Answered by Kelly Lambert
1 Answer | Asked in Child Custody for Michigan on
Q: My daugher her 2 kids are living with me. I want to have someone move in. Can I do that without jeopardizing custody?
Kelly Lambert
Kelly Lambert
answered on Jul 18, 2014

Unless that person has a background where they could be determined dangerous to children (drugs, criminal, CPS, etc) or this person moving in would make it so the children did not have adequate sleeping arrangements, this should not jeopardize custody.

Kelly G Lambert III

1 Answer | Asked in Family Law for Michigan on
Q: I have full physical custody of my three children and want to move to Tennessee, their father is agreeable, but one of

kids wants to stay here in Michigan with their dad. No one pays child support now to each other as it stands. We don't want to either. Do we need the court's permission?

Kelly Lambert
Kelly Lambert
answered on Jul 18, 2014

If you were divorced, pursuant to the judgment of divorce the children remain under the jurisdiction of the Court until the turn 18. Any move out of state would have to be approved by the Court.

Kelly G Lambert III

1 Answer | Asked in Real Estate Law for Michigan on
Q: Can a mortgage company refuse payment if the payment was made on time?

We have a three-month refinance trial period. We paid on time each month. The third payment - due on 7/1 - was electronically made on 6/27. The mortgage company claimed that they processed the payment on 7/2, thus nullifying the refinance modification.

Kelly Lambert
Kelly Lambert
answered on Jul 18, 2014

Get documentation from your bank showing the payment was made on the 27th. See if you can also get documentation from them about when it was received by the lender. Provide this documentation to the lender to see if they will approve the modification.

Kelly G Lambert III

1 Answer | Asked in Family Law for Michigan on
Q: I'm 16 and my mom's moving out of state, she currently has custody of me do I have any options at all?

My mom's moving out of state! I don't want to move I have a job, my boyfriend of 5 YEARS is here, and my dad! I really dont want to move, I was raised here I have all my friends and school here I'm suppose to graduate high school soon and go to beauty school. Will someone please tell... View More

Kelly Lambert
Kelly Lambert
answered on Jul 18, 2014

If your mom has custody - she makes the decisions. Depending on how far away she is moving, what situations are like with your dad - your parents could possibly discuss different options for you that may involve staying.

Kelly G Lambert III

1 Answer | Asked in Family Law for Michigan on
Q: In MI can a mother legally keep you away from the biological father, theres no custody agreement but has supp. for 10 yr

the mother even wrote a letter in 2010 stating that he has supported there daughter her whole life and signed and dated it. She has kept his daughter away from him for a year now because she wants him to sign off on her so her husband can adopt her... she has now brain washed this little girl into... View More

Kelly Lambert
Kelly Lambert
answered on Jul 18, 2014

You need an attorney involved immediately. A custody or paternity action needs to be filed in the courts to get him designated as the father, and awarded specific parenting times and parental rights. Contact an attorney immediately.

Kelly G Lambert III

1 Answer | Asked in Divorce for Michigan on
Q: Can a judge force me to sell my house for a price lower than the listed price to settle a divorce?

To remove former spouse from the mortgage

Kelly Lambert
Kelly Lambert
answered on Jul 18, 2014

Yes, they can. Especially if the offer is a reasonable offer.

Kelly G Lambert III

1 Answer | Asked in Juvenile Law for Michigan on
Q: Can a 20 year old get in trouble for taking a 16 year old from arizona to Nevada to have sex
Kelly Lambert
Kelly Lambert
answered on Jul 18, 2014

Yes.

Kelly G Lambert III

1 Answer | Asked in Child Support for Michigan on
Q: If im married and my husband gets another woman pregnant am i responsible for his child support?
Kelly Lambert
Kelly Lambert
answered on Jul 18, 2014

Your income will not be used to calculate child support, only his income will be used.

Kelly G Lambert III

1 Answer | Asked in Family Law for Michigan on
Q: Do I have the right to refuse if my ex works on his visitation day if I have sole phy cust, Michigan

I have sole phy cust of our son,my ex works all day on Saturdays & let's his 84 yr old mom watch our son on his weekends,she can't drive,hardley walk.my ex lives 2 minutes away.I want to do it.don't I automatically have right to refuse.Michigan,Gene see county.

Kelly Lambert
Kelly Lambert
answered on Jul 18, 2014

Unless you can reach an agreement (you have the child every Saturday while he is working, he has the child every Sunday), you need to follow the Order, or file a Motion to ask that the Order to be changed. If you file a Motion, you can request to have the right of first refusal, where if he will... View More

1 Answer | Asked in Child Support for Michigan on
Q: In mi can I take my kids father off child support and put him back on later if he doesn't help on his own?
Kelly Lambert
Kelly Lambert
answered on Jun 30, 2014

If you are receiving any type of public assistance (medicaid, food stamps, etc). you will not have an option to do this. Also, typically if there has been domestic violence of any type in the past between the parties, the Court will not allow direct handling of child support.

Kelly G Lambert III

1 Answer | Asked in Family Law for Michigan on
Q: My son is going to Brown University. Do I have to file a motion to modify support in Michigan? or will they adjust?

His mother lives in GA. My son and I still live in Detroit, MI. I need to know if I should be proactive before time for him to leave in August. I'd like to avoid any gaps in support because I am currently unemployed.

Kelly Lambert
Kelly Lambert
answered on Jun 30, 2014

Typically child support ends with the child graduates from high school or reaches the age of 18 - whichever is later. You most likely will not be receiving support once your son attends Brown.

Kelly G Lambert III

1 Answer | Asked in Child Custody for Michigan on
Q: I want my dad to have custody over me but still be able to see my mom I am 14 what do I do?

My mom doesn't let me say what I want to say I feel like her mold and I think I might have depression I wanna live with my dad. Is there a way. Will my siblings get taken away from her if I do leave?

Kelly Lambert
Kelly Lambert
answered on Jun 30, 2014

This is something that your parents need to discuss, not you. Should your father want to pursuit custody of you, he would need to file a motion. Through that process, the judge or the Friend of the Court may interview you about how you feel about things. It is possible for him to have custody of... View More

1 Answer | Asked in Family Law for Michigan on
Q: Will my boyfriend have to pay his ex child support when she voluntarily left with his son and didn't give him a warning?
Kelly Lambert
Kelly Lambert
answered on Jun 30, 2014

Yes, he will most likely have to pay support. It could happen one of several ways. Assuming they were not married, if she ever files for assistance (medicaid, food stamps, etc) they will start a child support case against him. If he wants to pursuit parenting time, they would also start a... View More

1 Answer | Asked in Bankruptcy for Georgia on
Q: Married- huge medical bills recently incurred. Bills in my name only.Will my filing Chap.7 will affect his credit?

Bills incurred middle of Feb. this year. Total amount exceeds what I could possibly pay in my entire lifetime.

Cannot proceed with this if spouse's credit would be affected in any way. He IS NOT named on any of the bills or paperwork.

Kelly Lambert
Kelly Lambert
answered on Jun 26, 2014

As long as your husband is not listed as a responsible party for the bills and he continues to pay all bills in his name on time, you can have them discharged in the bankruptcy and this will not effect his credit in any way.

Kelly G Lambert III

www.kellylambertlaw.com

1 Answer | Asked in Bankruptcy for Illinois on
Q: I have bills from 1999, closed accounts charge offs, old utility bills, do I qualify to file ch ?
Kelly Lambert
Kelly Lambert
answered on Jun 25, 2014

The amount of your bills/debts do not qualify you for filing bankruptcy - your income does. Here is a link to a table that contains basic income limits for bankruptcy qualification: http://www.justice.gov/ust/eo/bapcpa/20140501/bci_data/median_income_table.htm

Kelly G Lambert III...
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1 Answer | Asked in Bankruptcy for Iowa on
Q: My ex-wife is filing for chapter 7

How will this affect me? Do i need to do anything? I have 3 joint credit cards that I took in our divorce.

Kelly Lambert
Kelly Lambert
answered on Jun 25, 2014

You need to review your Judgment of Divorce. After she files for bankruptcy, you will be solely responsible for repayment of the 3 joint credit cards. If, in your judgment of divorce, it is ordered that she pay these cards, it is possible that you can bring her back into court and file a motion... View More

1 Answer | Asked in Child Support for Michigan on
Q: My daughters mother is getting married and is planning on quiting her job. How will this affect my child support.
Kelly Lambert
Kelly Lambert
answered on Jun 25, 2014

If a party voluntarily changes/reduces their income, often you can have income they should be earning imputed to them for purposes of calculating child support. If the Friend of the Court does not do this automatically or by your request, you would need to file a Motion requesting this be done.... View More

1 Answer | Asked in Family Law for Michigan on
Q: My childs mother lets me see when she wants. Im on the birth certificate, will i get in trouble if i dont take her home

She only lets me get her when she wants to go somewhere or do something. I havent seen my baby in 2 months

Kelly Lambert
Kelly Lambert
answered on Jun 25, 2014

If you are on the birth certificate but not married, you most likely had to sign an affidavit of parentage when the child was born. Right on the affidavit, it states that the mother is presumed to have custody of the child until a court order is entered stating otherwise.

In order to get...
View More

1 Answer | Asked in Family Law for Michigan on
Q: Husband had baby with another girl state took baby from mom he filling for custody do I have to adopt to have rights

Does husbands wife have any rights to baby or does she have to adopt him

Kelly Lambert
Kelly Lambert
answered on Jun 25, 2014

In order for the husband's wife to have any rights, she would need to adopt the child (and have the mother's rights terminated). In order to do this - the husband must have sole legal custody first. During the process right now, it is very important to get sole legal custody if you want... View More

1 Answer | Asked in Family Law for Michigan on
Q: If a father cheated on the mother is there a way the mother can keep the fathers girlfriend away from the kids
Kelly Lambert
Kelly Lambert
answered on Jun 25, 2014

During the divorce process, it is quite common to add language that neither party can expose the children to unrelated members of the opposite sex during the divorce process. After the divorce, unless the girlfriend has some type of background that suggests she would be a threat to the children,... View More

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