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Michigan Questions & Answers
1 Answer | Asked in Child Support for Michigan on
Q: Can the foc make you pay for back child when the person thats supposed to get the money is dead

I'm being made to pay child support and being taken to court and had a court case 4 back child support that I owe to a lady who is no longer living

Brent T. Geers
Brent T. Geers answered on Dec 7, 2019

Yes. Child support is for the child, not the parent. Understandably, it doesn't seem like it in most cases. But in FOC's eyes, you owe that money to the child, not the deceased parent.

1 Answer | Asked in Employment Law for Michigan on
Q: My company has decided that people who have worked there for 20 years should make the same wage as someone who was

Hired yesterday. Many of us had our pay lowered. Is this legal?

Brent T. Geers
Brent T. Geers answered on Dec 7, 2019

Likely yes. You may want to consult with an employee side labor law attorney, or a union representative if one is available to you. But generally, absent a contract, employment is at will and subject to you willing to work for the wage an employer is offering at the time.

1 Answer | Asked in Family Law for Michigan on
Q: How soon can I get a ex parte order for custody and ppo
Brent T. Geers
Brent T. Geers answered on Dec 7, 2019

Almost immediately during normal court business hours and with proper cause.

1 Answer | Asked in Adoption for Michigan on
Q: Is there any circumstance in which a 14 year old might be adopted by a step father without being involved?

The child doesn’t know that the father isn’t his biological father — the step father tried 2 adopt him years ago but the biological father opposed it (the only thing he’s ever done “for” the child). Now the biological father is deceased. The step father has been the in loco parentis... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 7, 2019

I believe with the child being 14 years old, the child would have to consent to the adoption, so there would not be a way to do so without his or her knowledge. But I think the stepfather very well could file for adoption at this point.

1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Michigan on
Q: Can I sue in small claims court for the remainder of a personal loan if the borrower has not made a payment in a year?

I loaned someone $3,000 in 2017. We wrote a contract for this person to repay me within 5 years. I did not require a monthly minimum payment. I did, however, include 7.5% monthly interest (which I later found out is an illegal amount. Monthly interest must be much lower). I wrote the contract in... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 7, 2019

You may have a claim. You would quite likely need to file in the state where the contract was entered.

1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Can i file a motion for custody within the child's home state, but from a different county within that state?

I live in central Ohio, my ex lives in northern Michigan with my children. I would like to file the custody motion from a different county in Michigan so that me and my ex both travel the same distance. Otherwise, I have to travel 8 hours one way and he only travels 15 minutes. I end up having to... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 7, 2019

No. Venue - or the proper court to file - typically depends on what county the child resides in. There are some other factors that help determine venue. But you certainly cannot file in a county just because it happens to be a halfway point, as that court would have no jurisdiction.

A...
Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: Through home paternity test I learned that my son (17) is not mine. I have full custody as bio mom lives in another

State and does not pay any required child support. Is there any legal action I should consider taking.

Brent T. Geers
Brent T. Geers answered on Dec 7, 2019

Not really. The Revocation of Paternity Act essentially has a 3 year time bar. At 17 years old, your case is well beyond that. And with you having full custody, I would imagine even if some form of relief were possible to get in front of a judge, a court would find that it's in the child's best... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: Michigan- Lease Takeover

I want out of my lease, I found someone who wants to take over the entire remaining term (11 months). My landlord is refusing to let them apply and offered them a different apartment. Lease says no subleasing or transferring but does say you can add roommates and modify yourself off the lease for a... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Dec 6, 2019

The landlord cannot unreasonably refuse to rent to someone else but without seeing the specifics of your keastvit is impossible to say what you can or should do at this point.

I would STRONGLY recommend you consult with a local attorney ASAP to determine what you can and should do. This is...
Read more »

1 Answer | Asked in Collections for Michigan on
Q: My son has to have a drug screening done once a year due to an ADHD medication. The last bill I received was may.

I have called the lab every month and they sent me 3 collection notices even through I paid without a bill. I called in October when I got the last collection notice in my 16 year old son’s name and the supervisor refused to put the account in my name without my birthday and social security... Read more »

Adam Alexander
Adam Alexander answered on Dec 6, 2019

Not receiving a bill does not exempt you from owing a debt. I suggest you send them a certified letter requesting the full balance amount, the monthly amount due and a list of all payments made. If you do not believe the balance is correct, you should also deny that you owe that amount. The... Read more »

2 Answers | Asked in Collections for Michigan on
Q: I recieved a summons to file a written answer to the court for a credit card in collections. spoke with collection co.

They said they can't give legal advise, but don't send a letter because we then will have to go to court. is that true should I still send a letter even though we've already set up a payment program

Trent Harris
Trent Harris answered on Dec 5, 2019

They're darn right they can't give you legal advice. By not filing an answer, they want you to default so they can have a judgment against you with no conditions. If you have payment arrangements made, those should be put in a consent judgment at the minimum, so you have an installment payment... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Michigan on
Q: Hello my question is Do you need a lawyer for an expungement in Wayne County MI? Is it something that can be done

I was eligible and filed the expungement papers with the courts sent them to the prosecutors and state police dept. Court date is coming up and was wondering if it’s something I can do on my own like go before the judge or should I hire a lawyer to show up? It’s 1felony/Felonious Assault

Brent T. Geers
Brent T. Geers answered on Dec 5, 2019

It never hurts to at least talk with a local attorney who might be able to give you guidance as to what your particular judge expects and prepare you for the hearing. Expungements are discretionary, meaning that just because you qualify doesn't mean that the judge has to grant it. And it will... Read more »

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Filed CS in june after 91 days received papers stating they were dropping my case,my ex couldn’t be served what do I do?

I gave the courts correct address for him but he evades (never answers door, has wife answer for him and say she doesn’t know him or he doesn’t live there).He was recently jailed for about 20+ days will I receive a payment from the courts? We also have 2 children (he signed both birth certificates

Brent T. Geers
Brent T. Geers answered on Dec 5, 2019

You'll likely need to refile and try serving him again. This time, you might want to use a process server. They deal with tough-to-find people all the time.

1 Answer | Asked in Employment Law for Michigan on
Q: I was offered a job from a financial institution and was denied because of my background check

I was given the job and i accepted the offer. When they did the backround check I had a misdemeanor I didn't know about from 10 years ago when I was 17. they took back the offer and said I couldn't have the job.

Brent T. Geers
Brent T. Geers answered on Dec 5, 2019

What is the question? This is not an uncommon scenario. Unfortunately, the bank can do that.

1 Answer | Asked in Divorce for Michigan on
Q: Interested in a free divorce attorney for uncontested divorce with no children.. Any recommendations? Thank you.. Tammy
Brent T. Geers
Brent T. Geers answered on Dec 5, 2019

About the best you'll be able to do is go to your local courthouse to see if they provide the paperwork packet you'll need to complete the divorce, and do it yourself. Many courthouses provide it for $10-$20. If it's truly uncontested, that may be the most economical way to go. You may also want to... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: I work at a child care facility in Michigan, can they enforce an anti fraternization document regarding parents of kids?

The document says we can’t (as teachers) hang out with parents of kids at the school, be friends on Facebook with them, etc. is this even ethical? Legal?

Brent T. Geers
Brent T. Geers answered on Dec 5, 2019

As a condition of employment, yes it's legal. Whether it's ethical, right, or just is a matter of opinion. The alternate, of course, is to convince the facility to change that policy or seek employment elsewhere.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: What are the laws on unmarked police cars in Michigan? Can they be completely unmarked? Can they do traffic stops?
Brent T. Geers
Brent T. Geers answered on Dec 5, 2019

They can be completely unmarked, but they cannot do routine traffic stops (although many are also equipped with interior emergency lights). Almost always, they would radio over for a marked car to conduct any necessary traffic stop.

1 Answer | Asked in Child Custody for Michigan on
Q: If I voluntarily gave custody to fictive grandparents, can I get custody back of my daughter without going to court?

Last year I gave custody of my daughter to fictive grandparents due to health care reasons. There is a custody order. I am now wanting to get custody back, am I able to without going to court? What first steps should I take?

Brent T. Geers
Brent T. Geers answered on Dec 5, 2019

You will need to go to court even if these grandparents agree.

1 Answer | Asked in Criminal Law for Michigan on
Q: My brother was sentenced to 4-7 years he received a letter statement saying the court made a mistake in his sentencing

He is from michigan and needs to know if he needs attorney

Brent T. Geers
Brent T. Geers answered on Dec 5, 2019

Depends on what the letter says was the mistake. I would imagine it's a time computation error - essentially clerical in nature; in that case, an attorney is unnecessary. If the sentence is within the guidelines or within what was contemplated in the plea agreement, then that letter is more or less... Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My tenants lease expired in September she is month to month. The tenant is destroying home

Broken window torn up walls etc how can I get them out soon so no more damage is done

Brent T. Geers
Brent T. Geers answered on Dec 5, 2019

Send tenant a 30-day notice to quit. If the tenant does not move, then you start the court process for eviction.

1 Answer | Asked in Real Estate Law for Michigan on
Q: How do I file default claim on a jointly owned property in the state of Michigan?

I'm attempting to refinance the mortgage on a jointly owned property and the party whose name is on the bank note and deed has left the state and I'm unable to locate them to have a quit claim signed. Is there a default process in place in the state of Michigan?

Kenneth V Zichi
Kenneth V Zichi answered on Dec 3, 2019

You would likely need to file a ‘quiet title’ action with the circuit court in the county where the land is located but that may or may not be possible and also may or may not be the only method available.

I’d urge you to bring all the facts and the documents (particularly the deed...
Read more »

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