Your remedies at law will depend upon how the deed is held between you and your step daughter. The 'magic' language in the deed controls how you may be able to proceed in circuit court for a declaratory action of partition. You also may have rights to financial contribution as well.... View More

Partition or partition sale is the name of the legal action to be instituted. However, I don't understand the state of title. Did you and your husband own the property as husband and wife? Did both of you sign the deed to add his daughter to the title? If you both owned it and only he... View More

They may not be able to change the beneficiary per se, but the Divorce Court and Probate Court both have 'equitable' powers and can "recover" funds paid legally but contrary to prior court orders.

This situation needs to be reviewed by a local probate / divorce attorney... View More

Once the loan has been made and the mortgage granted, "qualification" for the loan is not an issue, provided that the loan is a standard residential mortgage. Some commercial loans, in contrast, have financial covenants that are an ongoing obligation on the part of the business to... View More

If the couple is jointly on the mortgage, the surviving spouse should continue making the payments under the mortgage agreement. Nothing should change based upon the fact pattern as presented. However, if household income has decreased since the death of a spouse, consider a mortgage modification... View More

Not at all! Children are entitled to support from BOTH parents. If you look closely at the child support formula calculation, you will see that both parents' income is taken into account, along with the number of "overnights" each person has. The formula is intended to put a child in... View More

If you are trying to move your case along quickly, you should still schedule it for a hearing (with the required praecipe) to make sure the Judge will allow it. Not all Judge's will agree to waive that statutory waiting period. Also, most Judge's want to go "on the record" with... View More

The short answer is the referee was probably right. Just because a party appeals a decision doesn't make it wrong. Let the process play out. It's hard to imagine you could be ordered to carry this insurance, particularly if you have not formally adopted these kids.

What this all... View More

It's going to be hard. Not only would you (he) need to show he was never served, but also he had no reason to know he had a support obligation. By the time back support gets referred to the AG for criminal charges, there's usually quite a bit of collection activity that takes place,... View More

Depends...were the kids present when this happened? Otherwise, she's got a criminal matter going on that doesn't necessarily have anything to do with the custody and parenting time at this point. If you have concerns about her parenting ability related to these charges, you should address... View More

He will have to deal with this once he's in a Michigan court. Generally, non-support cases are strict liability, meaning there is no sound defense to them - if the state can show you legally owe the money, it doesn't matter why you haven't paid. It IS possible though to challenge... View More

What does leaving your daughter in the hands of someone not verified mean? Do you want a court order that your daughter may not be left in the care of any third party without your agreement? You can certainly ask for such a court order, but whether you will get such relief depends on what kind of... View More

Life changes and amendments to parenting time orders are common. In an ideal world, when you discussed the wrestling enrollment, you would have agreed to enrolling him with the stipulation that you'll amend the order to include a limit to how much you will drive to sporting events. At this... View More

A temporary order would likely not be appropriate in this situation. Temporary orders generally are appropriate when no order exists, and there is a need to maintain a status quo. In your situation, there sounds like there is a parenting time order - you don't like it and apparently want to... View More

Paternity is separate from custody and parenting time. Until paternity is established, the plaintiff in this situation (assuming it is the father) has no legal basis to even ask for custody or parenting time. That may well be on the horizon and his intention. However, custody and parenting time are... View More

I think you might be right. I'm not sure though whether it makes much of a difference to the child support amount. I would suggest you run calculations with both figures. Going from 104 to 115 overnights probably won't make a substantial difference to the amount.

The question more so is whether the termination has been finalized. If that is the case, then it seems there would no longer be any legal prohibitions on you seeing the kids. Depending on what allegations substantiated termination of your rights, I suppose the father could be risking CPS... View More

By your description of what happened, it sounds like the woman you spoke with at court was the magistrate who was arraigning you - not your attorney. She would have had no duty to you other than to advise you of your rights, what you're charged with, the maximum possible penalties, and to... View More

Not easily; And I'm sorry to hear the circumstances, which must be hard to see as a loving grandmother.

Unless and until the mother's parental rights are suspended or terminated, you have no real leg to stand on. I take it from the tone of your question that you do not have a... View More

Is this for spousal support? Are payments to be made through the friend of the court? If so, you need to contact them for enforcement procedures. If not, you can file a motion with the family court to enforce the judgment. His attorney would have nothing to do with it as its standard for the... View More