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Michigan Family Law Questions & Answers
1 Answer | Asked in Real Estate Law, Divorce and Family Law for Michigan on
Q: My ex is on the deed, the mortgage is in my name alone and I bought the house prior to us being married.

Per our divorce degree I agreed to pay the house till my last child was 18. At which point I plan on retiring. What can I do to make sure I don’t have to pay any more.

David Soble
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David Soble
answered on Nov 23, 2023

The divorce decree is a court order that is binding on both parties. However, the mortgage will need to be paid by someone if it has not matured by the time your last child turns 18. So if the provisions of the divorce decree fail to address this issue, or does not provide that your ex- spouse is... View More

1 Answer | Asked in Family Law for Michigan on
Q: Legally, is the next of kin to a biological child, both biological parents?
Brent T. Geers
Brent T. Geers
answered on Nov 21, 2023

The next-of-kin for a minor child would be one or both LEGAL parents, which in most cases are the same as biological parents. Fathers of children born out of wedlock need to establish paternity to become the legal father. Even when children are born of a marriage, a court's custody... View More

1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: My parents are living separate and I want to move back into my dads house, she wants to go back to guam though.

My parents are living separate so technically I still legally live with both since they're not divorced. I live with my mom in Michigan, I want to go live back with my dad since hes asking me too because of my mom's ignorance and my moms boyfriend always coming over to where I live... View More

James L. Arrasmith
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answered on Nov 19, 2023

In Michigan, if you are under 18 and your parents are not yet divorced, both parents still have legal responsibilities towards you. If you choose to live with your dad and your mom moves to Guam, this arrangement can be legally permissible as long as your basic needs are being met and you are in a... View More

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: A person representing friend of court lied to the judge in court. What do I do? I have proof.

We were at a motion to change child support that I filed. I emailed 3 paychecks to friend of court. They lied about what’s on the paychecks. I’m calling Monday to get a transcript of the court proceedings also for evidence.

Brent T. Geers
Brent T. Geers
answered on Nov 18, 2023

To change support, you need to meet a threshold for a change: generally, the new guideline amount would need to differ by more than $50 or 10%. So the issue you are facing is not so much the FOC worker testified to a differing amount on the checks; the issue is whether they properly calculated a... View More

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Is it legal to put hidden cameras in my home to collect evidence that my child's dad is abusing him without him knowing?

I am planning to leave my boyfriend (father of my 2 young children) but I intend to win majority custody. I know for a fact he is not a fit parent to have majority. I am the only one who takes care of the children's needs and he is physically abusive to them. I need to collect proof of this... View More

Brent T. Geers
Brent T. Geers
answered on Nov 14, 2023

Can you? Probably. Should you? Probably not. I understand what your intent is, but a lawyer's job is sometimes to make you aware of the unintended affects you may be unaware of.

Consider this: You leave him and file for custody alleging that he abused your child and you have video...
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1 Answer | Asked in Family Law and Probate for Michigan on
Q: My fiance died with no will. No kids. His new phone is on my plan with a significant balance. His sibling took his phone

His phone is fingerprint and passcode locked. If I pay off the balance, is the phone legally mine since it is on my account.

Update.

I have asked for the phone back since I am paying the bill. They will not give it back.

Brent T. Geers
Brent T. Geers
answered on Oct 30, 2023

This is a scenario with a legal answer and a contrary common sense approach.

If the phone is on your account, you are ultimately responsible for the balance. That has nothing to do with the sibling. Why would he or she want the phone? Have you, or could you, ask for it back? If they refuse,...
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1 Answer | Asked in Adoption, Child Custody, Child Support, Contracts and Family Law for Michigan on
Q: What would we need to do to have custody of our nephew for a while with consent from his father who has sole custody?

Father may go to set up place out of state and wants child taken care of while he makes sure about living arrangements and work. Childs mom is only allowed supervised visits if father agrees 1×/week. Mother is not a child in an adults body. We want to make sure that the mom cannot take custody of... View More

Benjamin Jeffrey Stoltman
Benjamin Jeffrey Stoltman
answered on Oct 25, 2023

What you are describing can either be accomplished through a delegation of parental authority (power of attorney) or through limited guardianship. A limited guardianship will take longer and will cost more, but offers Court oversight and protection if mom were to become an issue. A delegation of... View More

1 Answer | Asked in Divorce and Family Law for Michigan on
Q: I am trying to locate a legal aid attorney .for divorce

My ex is in for life prison.i am very afraid still and need to break all ties to him.the judge has given me until Nov 4th to serve the paper to him.

Brent T. Geers
Brent T. Geers
answered on Oct 18, 2023

Sounds like you've already filed for the divorce. What you need now to do is serve the paperwork. For someone in prison, that is typically done through the warden of the prison he is housed in. You certainly could look into qualifying for a legal aid attorney, but that person would have to do... View More

2 Answers | Asked in Bankruptcy, Divorce and Family Law for Michigan on
Q: How does marital property work in chapter 13 bankruptcy if only one spouse filed for bankruptcy.

Married in august 2019, brought home September 2019, he filed for chapter 13 bankruptcy in March 2023, he filed for divorce in July 2023

James L. Arrasmith
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answered on Nov 5, 2023

In a Chapter 13 bankruptcy where only one spouse has filed, the individual's portion of marital property can be included in the bankruptcy estate. This means that the debtor's share of jointly owned property may be affected by the repayment plan. The non-filing spouse's separate... View More

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2 Answers | Asked in Bankruptcy, Divorce and Family Law for Michigan on
Q: How does marital property work in chapter 13 bankruptcy if only one spouse filed for bankruptcy.

Married in august 2019, brought home September 2019, he filed for chapter 13 bankruptcy in March 2023, he filed for divorce in July 2023

T. Augustus Claus
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answered on Oct 12, 2023

In Michigan, marital property is divided equally between the spouses in the event of a divorce. However, this rule can be modified by the court based on a number of factors, including the length of the marriage, the contributions of each spouse, and the needs of the children. In the case you... View More

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1 Answer | Asked in Divorce and Family Law for Michigan on
Q: Does interest on a post divorce related money judgment accrue from the divorce date or judgment date?

Michigan Divorce was 5/2017 and 401k was part of settlement. However neither of us pursued the QDRO for over 2 years. 2019 I became unemployed at which point I had to access the 401k funds. As a result my x spouse filed a motion and a money judgment was awarded to her for half of the original 401k... View More

Brent T. Geers
Brent T. Geers
answered on Oct 11, 2023

Typically, judgment interest accrues from the date judgment is entered. In your case, the judgment that matters is the divorce judgment. The QDRO is simply a mechanism to enforce or effectuate the judgment, so it's date does not matter.

Judgment interest is intended of course to...
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1 Answer | Asked in Family Law for Michigan on
Q: Im paying my ex for our son on her insurance plan and took him off mine as she has way better rates

Is that providing insurance per our divorce papers

T. Augustus Claus
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answered on Oct 10, 2023

In Michigan, if your divorce papers stipulate that one parent must provide health insurance for your son and you're compensating your ex for the costs of including your son on her insurance plan (which has better rates), it could be seen as complying with the provision to provide insurance.... View More

2 Answers | Asked in Estate Planning, Family Law and Probate for Michigan on
Q: My father died on June 12. no will, no trust I Stepmom is administrator but is not turning in all assets.

Father had 3 businesses a house on land. Bank accounts only in his name. She is not legally doing what she is suppose to do. She is selling estate assets. Below cost or giving away . Has already done a quick deed to her son my half brother for the house. 4 dependents of my dads have gotten... View More

Brent T. Geers
Brent T. Geers
answered on Oct 10, 2023

I assume this woman was legally married to your father. In that case, she is entitled to the spousal elective share. I say that simply to say that the formula for that, in most cases, means that the spouse receives all or the majority of any probate estate.

As the personal representative,...
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2 Answers | Asked in Estate Planning, Family Law and Probate for Michigan on
Q: My father died on June 12. no will, no trust I Stepmom is administrator but is not turning in all assets.

Father had 3 businesses a house on land. Bank accounts only in his name. She is not legally doing what she is suppose to do. She is selling estate assets. Below cost or giving away . Has already done a quick deed to her son my half brother for the house. 4 dependents of my dads have gotten... View More

John S. Grant IV
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John S. Grant IV
answered on Oct 10, 2023

You should probably consider filing an injunction to prevent the administrator from dissipating assets. If necessary to prevent irreparable harm, injury, or damage, you could file an emergency petition to get into court more quickly. It is likely in your best interest to hire your own legal counsel... View More

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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: My wife chose to leave our home can I keep my children

I have concerns over their care if they are with her at her mother's.

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

Unless there is a custody order in place, either parent may take possession of their children at any time. But don’t attempt to use force or the threat of force to secure possession of your kids and be sure to let your spouse know the kids are safe and with you.

1 Answer | Asked in Adoption and Family Law for Michigan on
Q: Can a 3rd party petition to unseal adoption records in Michigan?

I am a father who adopted my non biological son 9 years ago, being his foster parent and being the bio-parents rights were terminated. The records are sealed. A man who has a child with a sibling of the bio-mom is wanting to have a court unseal it to dig up possible dirt on her, and all this for... View More

Brent T. Geers
Brent T. Geers
answered on Oct 3, 2023

Not sure legally if this is your fight. I also do not think this other man has grounds for the court to unseal the record. Obviously it's a concern enough for you to warrant a consultation with an attorney. In particular, I would ask about standing.

1 Answer | Asked in Child Custody, Divorce and Family Law for Michigan on
Q: Divorced 50/50 custody. Got a drunk driving almost 3 years ago and now he is taking me back to court about this. Can he

What can he do in court? He is trying to take custody away from me and move. He said he has a lawyer and that she is going.to file a couple of motions. I don't know what they are but he said he wants to change our divorce decree because I violated it by drinking. First time that nothing... View More

Brent T. Geers
Brent T. Geers
answered on Sep 13, 2023

I think you've hit his motivation spot-on: he wants to change custody to leverage more money from you in child support. Can he file whatever motion? Certainly. Issues of custody, parenting time, and support remain so long as the child is a minor. Will he succeed? Who knows. He would need to... View More

1 Answer | Asked in Contracts, Family Law, Civil Litigation and Constitutional Law for Michigan on
Q: What can I do if I was denied the right to file a motion to dismiss a default judgment, which resulted in me now…

Losing my home? I had a default judgment rolled against me on July 7 and attempted to file a motion to dismiss on July 13. The court clerk refused to accept my dismissal, claiming that I did not have the 21 days I was told I only had seven. This directly led to me now losing my home. What can I do... View More

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2023

You need a lawyer; and you likely needed a lawyer months ago.

As happens when people try to represent themselves, you are unaware of the proper procedures and court rules. Filing whatever you think is proper whenever you think it should be filed is not how this works.

You have a...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Communications Law for Michigan on
Q: Can I use my own recordings of conversations between my ex-wife and I in Michigan court if she did not give permission.

Michigan appears to be, essentially, one party consent so long as the call is recorded by one of the participants.

I also told her numerous times I was recording all of our interactions to serve as a blanket statement.

She is consistently threatening to intentionally violate our... View More

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2023

If you have a custody agreement, then the only thing that matters is whether she - and you - are complying with its terms. If you two are making further agreements, that's cool, but understand that an agreement isn't an agreement unless both parties agree. When one party says "we... View More

1 Answer | Asked in Family Law for Michigan on
Q: Can my ex take the brakes off my truck in MY name if he paid for the brakes?

I got a truck from my dad when he passed, and my fiance uses the truck so he put new brakes and swapped the transmission. He said if I leave him he's taking the brakes and the transmission out because he bought them.

T. Augustus Claus
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answered on Sep 7, 2023

In most situations, if your ex paid for specific upgrades or repairs to a vehicle that is in your name, they might not have the legal right to remove those parts. Once those parts are installed on the vehicle, they generally become part of the vehicle's overall value and cannot be easily... View More

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