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Michigan Questions & Answers
1 Answer | Asked in Child Support, Child Custody and Family Law for Michigan on
Q: Full legal custody = full legal responsibility? Seems like an imbalance. Please explain. Confused.

I make all the decisions legally with full custody. You pay! Legally? If the legal responsibility lies with one person, shouldn’t all legal responsibility lie with that person?

Brent T. Geers
Brent T. Geers
answered on Jan 19, 2025

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

1 Answer | Asked in DUI / DWI for Michigan on
Q: Can you please answer this question about my delayed sentence and veteran treatment end date?Order Delaying Sentence

Can you please answer this question about my delayed sentence and veteran treatment end date?

Order Delaying Sentence

There is a section that says “It is ordered: The sentence is delayed until, 7/23/2025 12:00 AM (not to exceed one year.

the reason for the delay is: the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 19, 2025

Not necessarily.

It COULD be the court will just dismiss the charges at that point, or it COULD decide to continue probation, or it COULD decide to impose jail/prison time .... there is nothing in what you quoted to suggest which of the possible outcomes the Court is contemplating and you...
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3 Answers | Asked in Real Estate Law for Michigan on
Q: Do I need a lawyer for a partition action?

Ex girlfriend and I bought a trailer 6 years ago. Both of our names are on the title and the mortgage. She agreed to refinance when it became eligible, 4 years ago. She did not. She has been late on payments (but within the grace period) for a while but recently let the account go 29 days past due.... View More

David Soble
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David Soble
answered on Jan 19, 2025

This is a contract issue as this relates to a "trailer" and therefore does not come under real estate law. A trailer is not real property and you do not specifiy if the property on which the trailer sits, is yours. Therefore a 'partition action" may not the proper legal... View More

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1 Answer | Asked in Criminal Law for Michigan on
Q: Can my aunt file criminal charges on me?

Okay, so basically my GMA asked me to move in with her so I did I became her dpoa and she put me as an authorized user on her credit card. Well my aunt has tried to say I stole over 200k from my grandmother even had me investigated by the police and adult services they did their investigation and... View More

Dana B. Carron
Dana B. Carron
answered on Jan 13, 2025

She can go to the police again regarding this, however, it will be up to the police and the prosecutor's office (and not her) whether they want to pursue charges. If the police closed out the case before, they will likely do so again unless the evidence that they are presented is... View More

1 Answer | Asked in Probate for Michigan on
Q: When a probate judge appoints a convicted felon as personal representative in an interstate is that Color of Office?

All heirs weren't listed, it appears the money has been distributed did this constitute Civil Theft? There is also First Amendment retaliation in that proper notices weren't received, inspection of file and records were denied. Unrelated cases were opened and the next surviving relative... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 9, 2025

Your situation is unclear at best, the ‘first amendment’ has nothing to do with this sort of thing but what is clear is you need to have a local licensed attorney review all the related paperwork ASAP and determine if you have basis for an appeal or some other civil action to recover whatever... View More

4 Answers | Asked in Bankruptcy and Collections for Michigan on
Q: My husband has just started getting his wages garnished. Do we have any options

His net income is $1400 bi-weekly. They took $370 out of his last check. We cannot afford to lose that much money. Do we have any way to fight this. Is there a way to file bankruptcy without it costing us thousands of dollars?

Robert Keyes
Robert Keyes
answered on Jan 8, 2025

Probably. But it depends on a lot of information that a bankruptcy attorney would need to know. Some example questions:

What notice did you receive of the lawsuit from which he is being garnished?

If nothing then you can file paper to get before the judge and explain why you did not...
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4 Answers | Asked in Bankruptcy and Collections for Michigan on
Q: My husband has just started getting his wages garnished. Do we have any options

His net income is $1400 bi-weekly. They took $370 out of his last check. We cannot afford to lose that much money. Do we have any way to fight this. Is there a way to file bankruptcy without it costing us thousands of dollars?

Ralph Reisinger
Ralph Reisinger
answered on Jan 8, 2025

You have two options. You can file a motion for time payments with the Court, this may allow you to lower the amount you pay on a monthly basis and it will stop the garnishment. Or you can file a Bankruptcy. If you qualify for a Chapter 7, it should not cost you thousands of dollars. You should... View More

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4 Answers | Asked in Bankruptcy and Collections for Michigan on
Q: My husband has just started getting his wages garnished. Do we have any options

His net income is $1400 bi-weekly. They took $370 out of his last check. We cannot afford to lose that much money. Do we have any way to fight this. Is there a way to file bankruptcy without it costing us thousands of dollars?

Edward Gudeman
Edward Gudeman
answered on Jan 8, 2025

In order for your husband's wages to be garnished, the creditor has already obtained a judgment against him. If you cannot negotiate a payment plan for the amount of the judgment, the alternative is to file a Chapter 7 or Chapter 13 bankruptcy.

Filing a bankruptcy may eliminate the...
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1 Answer | Asked in Car Accidents for Michigan on
Q: if I borrow a car to a friend and they damage it are they reliable for the damages

I plan on borrowing my car to a friend for approximately a month until they get their new car. Do I need to get something in writing saying that if they damage the car they will pay for the repairs? Or is that something that is implied and therefore does not need any documents

Tim Akpinar
Tim Akpinar
answered on Jan 8, 2025

A Michigan attorney could advise best, but your question remains open for a week. Yes, you could say "it's implied" in terms of being the "right thing to do" between friends. But that is only as strong as one's character. The more important and more practical question... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Michigan on
Q: Is a police officer allowed to forcefully enter threw somebodys door and arrest somebody without having a search warra

The police officer got a call that somebody was at somebodys house v who has a mistameanor bench warrant

Brent T. Geers
Brent T. Geers
answered on Jan 7, 2025

Impossible to determine without a complete review of the facts. Did someone allow the cop to enter? Where was everyone standing or sitting when the police first arrived? What was said and by whom? There are situations where this would be permissible, and other situations where it would not.... View More

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1 Answer | Asked in Divorce and Family Law for Michigan on
Q: If parties agree on a motion, do i need a hearing?

I've filed for divorce, papers have been served, an answer has been completed and served. I have filed a Motion to Waive the Statutory Waiting Period. My spouse agrees to waive the waiting period. Do I still need to submit a praecape for a hearing?

Garry M. Greenberg
Garry M. Greenberg
answered on Jan 6, 2025

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

1 Answer | Asked in Contracts and Construction Law for Michigan on
Q: I paid a contractor to do my bathroom Dec 2 starting date still not being complete what can I do

I have a written contract

Thomas. R. Morris
Thomas. R. Morris
answered on Dec 23, 2024

The contractor may have breached the contract by failing to begin the project as promised, but the issue from the perspective of an attorney is whether enforcement of the contract in the courts is cost-effective. It is probably not cost effective. To threaten litigation might convince the... View More

3 Answers | Asked in Contracts, Copyright and Intellectual Property for Michigan on
Q: Can I sell hand painted reproductions of AI generated art on a platform claiming ownership via terms and conditions?

I understand AI generated art cannot be copyrighted, but a website allows users to generate art on their platform, but claims it cannot be used in certain circumstances. Can I reproduce those images in another medium without violating their terms and conditions

Alan Harrison
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answered on Dec 21, 2024

This is a really cool question. I won't paint you a definitive answer but I will sketch for you the lines of my initial impression.

AI "art" can't be copyright. → so making a derivative work won't infringe. → a transformative derivative work can be copyright...
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3 Answers | Asked in Contracts, Copyright and Intellectual Property for Michigan on
Q: Can I sell hand painted reproductions of AI generated art on a platform claiming ownership via terms and conditions?

I understand AI generated art cannot be copyrighted, but a website allows users to generate art on their platform, but claims it cannot be used in certain circumstances. Can I reproduce those images in another medium without violating their terms and conditions

Alan Harrison
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answered on Dec 21, 2024

… further note about T&Cs: these can establish rights in the website owner other than copyright, and if you violate the T&C then the website owner has to seek a remedy for breach of contract, which would require them to prove their damages from breach (rather than having the possibility... View More

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1 Answer | Asked in Real Estate Law for Michigan on
Q: My home buyers reneged on ADT security. Who pays the electrician to remove?
David Soble
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David Soble
answered on Dec 20, 2024

What does your purchase agreement state? If you had installed the system based upon their request and they now have backed out of the closing, you should be able to demand payment for 'altering' the premises. However, without seeing your written documents, it is difficult to answer.... View More

1 Answer | Asked in Personal Injury for Michigan on
Q: if I opt out of PIP, am driving my own vehicle and am in an accid can I receive wage loss benefits from the at fault dri

I have no PIP coverage but I have liability insurance. I am in an accident that is not my fault. Can I receive PIP benefits such as wage loss from the at fault drivers insurance company? I have privet health insurance. Does the MACP apply to me?

James Iafrate
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answered on Dec 20, 2024

Hi,

You would still be eligible for wage loss benefits from your auto insurer even though you opted out of medical coverage under your policy. The only exception would be if you were older and opted out of wage loss coverage. Usually this would apply to individuals who are retired and are...
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1 Answer | Asked in Family Law and Child Custody for Michigan on
Q: Husband medically unable to work, bio mom able to get insurance can they mandatory make a step parent get insurance MI

My husband is medically unable to work and everything is documented, he always carried insurance on kids but now unable to work and court order did not state who was liable for primary etc. so kids were added to mine until we got clarification as I’m the step parent.

We went to referee... View More

Brent T. Geers
Brent T. Geers
answered on Dec 18, 2024

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...
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2 Answers | Asked in Child Support and Family Law for Michigan on
Q: My husband was extradited to michigan for non payment of child support.Can he be released without prison time.

My husband was never served court papers. The original child support case is closed.His son is now 20 years old. I am assuming the AG Opened a new case because the state is owed from the other parent owing for county assistance. I don't know how to prove that he was never served. According to... View More

Brent T. Geers
Brent T. Geers
answered on Dec 18, 2024

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

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2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Michigan on
Q: My ex was arrested for Assault(x3) and domestic violence, wreckless driving. I need to keep the kids from her?

Domestic was on her new boyfriend, his ex and his parents.

Brent T. Geers
Brent T. Geers
answered on Dec 18, 2024

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

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: Can I have the power company run underground wire,down a private road/easement to our land?

We are allowed to use this easement, just need to know if I need to ask the owners permission to move forward with the power company

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 17, 2024

Is your easement for ingress only or does it include the ability to site utilities? Without seeing the easement and knowing where you are it is impossible to provide a real answer, but a local lawyer can look at this quickly and let you know if you bring him all the paperwork.

Bottom line...
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