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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.
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,... View More 
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
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
answered on Oct 24, 2023
If by "the court," you mean they're contacting the judge directly on a matter related to the case, and if you can prove it, the other party can be sanctioned. You need to be able to prove it. Best to check with your lawyer about this.
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.
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
Married in august 2019, brought home September 2019, he filed for chapter 13 bankruptcy in March 2023, he filed for divorce in July 2023
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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
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
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... View More
Is that providing insurance per our divorce papers
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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
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
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
I have concerns over their care if they are with her at her mother's.
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.
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
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.
Am I legally responsible for getting him to school?
answered on Sep 21, 2023
You are only legally responsible for getting your son to school on time during your time of possession.
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
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
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
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... View More
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
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
I'm in family court because my son's dad was pulled over and arrested for operating a stolen vehicle while my son was in his care. There are so many discrepancies with this case but my attorney stated to me that my son fell asleep on his sister's lap during a bonfire and that she... View More
answered on Sep 10, 2023
This is a forum for general questions and answers not specific legal advice. If you believe you’re not getting appropriate representation from your attorney then you need to seek a second opinion and get local legal representation.
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.
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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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answered on Sep 5, 2023
During a divorce, the rules regarding access to the marital home can vary depending on the specific circumstances and the laws of your jurisdiction. Since the home is in your name and was a gift from your mother, it could potentially be considered separate property rather than marital property,... View More
When probate is not an issue, and there are only two heirs, one being the executor, how long should I be expected to wait for an accounting and distribution of the will ?
answered on Aug 29, 2023
First question to ascertain is whether there even needs to be a probate estate opened. Many people die with wills but otherwise have all their assets either owned jointly or with beneficiary designations that control the distribution of assets over anything in the will.
A common example... View More
We do not have money to pay for a lawyer we live paycheck to paycheck. we are trying to figure out how to do this.
answered on Aug 25, 2023
You could do a step-parent adoption. There are standard SCAO forms to help with this, but there would be costs and fees associated.
He does not live with his wife and their 4 children; they live with her abusive parents. His mother-in-law was so verbally and emotionally abusive to him over the 10 years he lived with her that he had a complete emotional breakdown and moved out to an apartment by himself. The mother-in-law... View More
answered on Aug 25, 2023
Yes, as a parent he can petition the court for a divorce and request a possession/visitation schedule with his children.
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