Reliable Guidance & Support For You, Your Family, and Your Business CONTACT ME TODAY

Family Law FAQ

Frequently Asked Questions

Contents

Q:
Q:
Q:
Q:
Q:
Q:
Q:
Q:
Q:
Q:

Bio-mom arrested for Domestic assault

My step-son's mother and her boyfriend were recently arrested for Domestic violence. The charges were dropped against her, but this was her third arrest for domestic violence. My husband obtained an ex parte order for custody and they go to court next week. During the last week of her parenting time, when the assault occurred, the biological mom left her son with the abusive boyfriend for the majority of the week, after the assault had taken place. Not sure how the arrest will effect the custody situation, seeing that she had the charges dismissed (the boyfriend took all the blame). Isn't it equally ''bad'' that she left her son in the care of her abuser while she was available to exercise her parenting time? And how do you think a judge will respond to this situation. Like I said, this is her third arrest for domestic violence, 1st one was when she was 17, the 2nd was against my husband, and now this one. She was convicted on the first offense, plead down to disturbing the peace on the second and now the charges have been dropped on the third, even though there was physical evidence that she was the one doing the hitting. Her boyfriend said that it was self defense on her part because he knew that this would affect the custody situation. Any advice?
Q:
Q:
Q:
Q:
Q:
Q:
Q:
Q:
Q:
Q:
Q:
Q:

Protesting contents of child support orders

I am from PA, she's from MI, never married together and there is a 4 year old child involved.

I am staring now at a Consent Judgement of Support Final Judgement form that I am to sign and return. The biggest problem is my current inability to pay it due to other debts and medical costs. In addition to that I have reason to suspect she may be lying about her income, and I already know she will not abide by the Custody clause in the order.

When do I start fighting this stuff? I keep seeing references to a ''friend of the court'' but have yet to get any contact info. Do I need to actually have the support order signed by a judge before I can start voicing my protests? I've read about a ''full discovery'' process that would scrutinize her income a little more... is this accurate and is it something I can use?

Any help or info anyone can provide would be greatly appreciated!
Q:
Q:
Q:
Q:

Qdro

My wife finished our divorce herself without a lawyer. In the divorce decree, she stated that she would supply me with all the proper paperwork, and I would turn the paperwork into my company to release the money from my 401k to her. She failed to have the QDRO drawn up by an attorney, and now is taking me to court for the money, about 2000 in cash, in lieu of the QDRO? What are my obligations here? Giving her cash was not my agreement.

A:

If the divorce judgment says that the retirement is transferred by QDRO, then that is how it should be transferred. With that in mind, it is important to have the judgment reviewed by an attorney. For more info, please contact my office at (248) 985-7135.

Q:

Divorce

I got divorced over a year ago. In the divorce my ex got the house, but she had to refinance it in her name. There was an equity line of credit on the house that she had to pay off. When she refinanced the house the loan was paid off and the equity line was paid off. Due to my ignorance, I did not check to see if she closed the equity line of credit that was in both our names. A few months later she pulled out all the money on that line of credit. Now it shows that I have a loan out there. In the divorce I was not to be held liable for anything pertaining to that house, which was used to originally open this loan. She won't close it and open it in just her name. I have requested she do this, but she's has not. What can I do now to get this out of my name?

A:

The family law court has continuing jurisdiction over the divorce. You probably need to file a motion. For more information, please contact me at (248) 985-7135.

Q:

Seperation

I am thinking of leaving my husband and taking our 1 year old daughter with me--name removed--What legal action do I need to take prior to leaving, so that I am not accused of kidnapping--name removed--We would stay at my grandmother's which is 30 minutes away.

A:

It is not kidnapping for you to leave with your daughter. Unless there is a serious risk of domestic violence, you should inform your husband where you and your daughter will be staying. You should not delay in contacting a family law attorney. For more info., please contact my office at (248) 985-7135.

Q:

Power of attorney

My father has power of attorney over my grandmother, but since the document became legal she has been widowed and remarried. Is the document still legal, or do they need a new one because her name changed?

A:

It is probably still effective, but given her change in circumstances she should probably see an attorney. A power of attorney is not a substitute for good estate planning. For more information, please contact my office at (248) 985-7135.

Q:

Durable power of attorney

I have a General Durable Power of Attorney over my mother and she has been widowed and remarried since it was signed. Her last name has changed. Is the document still legal or do we need a new one?

A:

It is probably still effective, but given her change in circumstances, you probably should have her estate/financial matters reviewed by an attorney. A Power of Attorney is not the same as full estate planning. For more info., please contact my office at (248) 985-7135.

Q:

How to solve this problem

I am an Indian married to a girl in India and have lived together for the past 8 years in USA. Both of us got US citizenship a few months back. We have a little kid of 3 years. Of late, my wife is harping on very simple and silly points of earlier years say 1999, 2004, 2006 etc, involving my old parents and dragging me into confrontation. I feel her parents are behind this problem. I feel that the time is ripened to get divorced. Please advise me what to do. My wife is now in conception and expecting a child in the month of Feb 2008.

A:

You should consult a family law attorney to discuss what you can expect in a divorce. There will be issues of child custody, support, and possibly property division. For more info., please contact my office at (248) 985-7135.

Q:

Evicting a spouse

I left my house because my husband has caused harm to my child. The house is in my name. What am I able to do to get him to leave my house.

A:

In my experience you cannot get your husband out of the marital home unless there is domestic violence, a PPO, or you file for divorce and get a court order. Merely being the titled owner will generally not work. A judge hearing the eviction will probably instruct you to file for divorce. For more info., please contact my office at (248) 985-7135.

Q:

She keeps moving

Since last Christmas my ex- girlfriend has moved 5 times with our daughter. What kind of options do I have to keep her from doing this? I may have several witnesses that may testify to this. She has also assaulted me in front of our daughter, and the police were called. Nobody was charged though, but she was in the wrong. The custody case is in Jackson county. Thanks.

A:

The custody order should address the issue of domicile of the child. There should be language in the order limiting the mother's ability to move the child around without prior court approval. For more info., please contact my office at bplipman@sbcglobal.net and leave a call back number.

Q:

Stepparents and Child Support

I am recently re-married (less than a year). My new husband is the non-custodial parent of a 10 yo daughter. He is ordered to pay support, but has recently lost his job and is in arrears. Will I be required to make his child support payments? Should I file for divorce? We never have any contact with this child. Everything I own is in my name and I had before we were married. I can't make him pay his child support.

A:

You are not obligated for the child support of your husband. He, on the other hand should file a petition with the court if he has lost his job and his ability to pay the child support is impaired. For more info., please contact me at bplipman@sbcglobal.net and leave a call back number.

Q:

Bio-mom arrested for Domestic assault

My step-son's mother and her boyfriend were recently arrested for Domestic violence. The charges were dropped against her, but this was her third arrest for domestic violence. My husband obtained an ex parte order for custody and they go to court next week. During the last week of her parenting time, when the assault occurred, the biological mom left her son with the abusive boyfriend for the majority of the week, after the assault had taken place. Not sure how the arrest will effect the custody situation, seeing that she had the charges dismissed (the boyfriend took all the blame). Isn't it equally ''bad'' that she left her son in the care of her abuser while she was available to exercise her parenting time? And how do you think a judge will respond to this situation. Like I said, this is her third arrest for domestic violence, 1st one was when she was 17, the 2nd was against my husband, and now this one. She was convicted on the first offense, plead down to disturbing the peace on the second and now the charges have been dropped on the third, even though there was physical evidence that she was the one doing the hitting. Her boyfriend said that it was self defense on her part because he knew that this would affect the custody situation. Any advice?

A:

Yes, I would imagine the situation would have a bearing on the custody and parenting time. The court/FOC should be advised of all events. This is not to say that the judge or referee will make the correct decision. If you don't have an attorney, GET ONE! It should be made very clear that the mother is an unfit/marginal parent. For more info., please contact my office at (248) 985-7135.

Q:

Transfer of house into guardian name

I am guardian and conservator for my mother. I am trying to have her house put into my name. First, is this possible? I know I can sell the house with court approval, but it will make it much easier if the house were in my name in order to get the house sold. If I can have the house put into my name, what forms, etc would be involved?

A:

Generally, you cannot put your ward's assets in your name. You could try to buy the house at fair market value, but there might still be the appearance of impropriety. Also, you would need the permission of the probate court. For more info., please contact my office at (248) 985-7135.

Q:

Who is responsible for payment of mortgage

I am getting a divorce. We are separated (I live at my parents-he lives at ''our'' house), but not legally separated. Courts have not been involved at all. My husband bought the house on his own by obtaining a mortgage. He wanted to live in the house. He closed on the loan and is now having trouble making the payment and is telling me that since we are still married that I am responsible for payment or it will go on my credit report to. Is this true? Do I have any responsibility for the home when he got his own mortgage on the house?

A:

Generally, you are not responsible for the debts of your spouse. If you co-signed the note/mortgage for the loan, you will be liable for the payment and non-payment will effect your credit. For more information on mortgage payments and real estate law, please contact me at my phone number at (248) 985-7135.

Q:

Parenting time and child support

At what age can a child decide which parent they would like to live with or spend more overnights with, and if my ex-spouse starts to earn more money, when can I see about getting a reduction in child support payments?

A:

The courts will begin to consider the wishes of the child when they are over 13/14 years old. It is still case specific and the judge has great discretion as to allowing the childs desire to factor into a custody or parenting time arrangement. If you believe yopu can prove a change in your ex spouses financial circumstances, you can petition the court for a reduction in support. For more info on parenting time and child support, please call (248) 985-7135.

Q:

Alimony

I have been married to my husband for 31 years. Our Marriage has been horrible for over half of that time. I would like to know more about alimony. I was a stay at home mom for 15 years while raising 2 children and never went to college. I am a secretary and my salary would not allow for me to live on my own. My fear is that if I request alimony my husband would quit his job and move in with his parents in Florida, hence he would basically claim he had no income for alimony. Would he have the option of doing this, or would he have to try to keep his current income level? Thanks.

A:

Yours is a good case for alimony. I would not worry about your husband quitting his job to avoid paying alimony. The court will impute income to him whether he is working or not. For more info, please contact my office at (248) 985-7135.

Q:

Filing for Divorce with no kids

My son will turn 18 on Sept 17, 2005, and do I have to wait until the 18th to file the divorce papers to avoid any child custody/support issues and 6 month waiting period? Or can I file now before his 18th birthday because my husband and I have agreed on everything (kids/property) and don't have any disputes....we want to get it over as quickly as possible but don't want any snags if we file too soon.

A:

Good question. As a practical matter, the court has the ability to waive the 6 month waiting period if the parties have an agreement as to the final terms of divorce. (Consent Judgment) As to an actual black letter law answer, it has never come up in my practice. I presume that the judge would not delay the entry of a consent judgment for this reason. For more information on how to proceed in filing for divorce in Oakland, Wayne, Macomb, Washtenaw, Livingston, and Genesee Counties, please contact my Farmington Hills Law Office at (248) 985-7135.

Q:

Custody of newborn. Mom is a mental case

My wife left me when she was 1 month pregnant had our baby. The child is currently 2 months old, and I have never seen the baby because she moved to Pennsylvania before it was born. I would like sole custody of the baby because my wife has a mental issue (bi polar disorder) and has sought treatment for it before. I would like to know what are my chances of getting sole custody & moving the baby with me to Michigan because i think she is unfit to take care of it.

A:

I'm not an odds maker, but it sounds like you certainly have grounds for a custody argument. You will need to file for divorce in Michigan to create jurisdiction here. I would act quickly before she files elsewhere. For more info on child custody law, or legal representation for your child custody case in Oakland, Wayne, Macomb, Washtenaw, Livingston, and Genesee counties, please contact my Farmington Hills, MI law office at (248) 985-7135.

Q:

Divorce Law

Do you have to be in a State for 180 days before you can begin the process of filing for divorce in Michigan?

A:

Yes, 180 days in Michigan, 10 days in the county you are filing in. For more info on Divorce Law in Oakland County, as well as Wayne, Macomb, Washtenaw, Livingston, and Genesee counties, please contact my office at (248) 985-7135.

Q:

Planning for guardianship of a minor

My wife and I have a 1 year old daughter. We were wondering what would happen if we were both killed in an accident, specifically, who would become guardian of our daughter? Is there a legal document that can establish a guardian in this instance?

A:

YES!!! Make a will. Absent a will, it will be a free-for-all with every relative of yours and your wife's coming into court demanding to be made guardian. I've seen it happen. For more information on guardianship, please contact my Farmington Hills law office at (248) 958-7135.

Q:

Financial Info from children's private school

FOC recommended an imputation of income of over 3x my actual. Their reason, ''Without the imputation the children would have to be removed from their private school where they are doing very well.'' I am quite sure my children's grandparents are footing the bill. The school will not release the financial information to me since I am not the one who has enrolled them.

Are they allowed to withhold this information from me?

A:

Typically, the FOC will impute income if they feel that the party to pay is understating his/her income. The FOC usually arrives at that conclusion through a number of methods including an evaluation of the spending of the party and whether the stated income can support that party's lifestyle. Also, the FOC will look at education, professional licenses, and that party's past earnings or earning potential. I doubt that the reason as stated was the FOC's reason. All that being said, you can always subpoena records from the private school to get the payment records. For more information, please contact my Farmington Hills law office at (248) 985-7135.

Q:

Parental Rights and Adoption

My husband wants to adopt my son as his own and give him the same last name we do. My son's biological father is not on his birth-certificate. So does his biological father have rights? And how can we go about the adoption situation?

A:

You will need to consult with a local family attorney about the adoption process. Part of that will include an action to terminate the father's rights. For legal consultation from a family lawyer in Oakland, Wayne, Macomb, Washtenaw, Livingston, and Genesee counties, contact my law office at (248) 985-7135.

Q:

Denial of records

My step son is enrolled in an early head start program and my husband is trying to obtain his records. Head start is denying him because he was not the enrolling parent, even though he has 50-50 custody of his son, and his son resides with us during the week. He showed them the custody papers and they are still denying him. They say they do not have to comply with FERPA regulations, because they are funded by the US dept. of health and human services, not US dept. of education. Is there any way to obtain these records, without getting a subpoena? Why would they deny a custodial parent these records? They say that hes has to get birth mom's permission, in writing, but she will not give him permission. What to do?

A:

Get a lawyer. There is no reason they should deny him access to educational records if your husband has joint legal custody. For more info on, please contact my law office at (248) 985-7135.

Q:

Protesting contents of child support orders

I am from PA, she's from MI, never married together and there is a 4 year old child involved.

I am staring now at a Consent Judgement of Support Final Judgement form that I am to sign and return. The biggest problem is my current inability to pay it due to other debts and medical costs. In addition to that I have reason to suspect she may be lying about her income, and I already know she will not abide by the Custody clause in the order.

When do I start fighting this stuff? I keep seeing references to a ''friend of the court'' but have yet to get any contact info. Do I need to actually have the support order signed by a judge before I can start voicing my protests? I've read about a ''full discovery'' process that would scrutinize her income a little more... is this accurate and is it something I can use?

Any help or info anyone can provide would be greatly appreciated!

A:

If you have reason to disagree with the support payment, do not sign the consent judgement! You should seek a lawyer and insist on a hearing to determine support. For more info on family law and child support in the tri-counties and surrounding counties, please contact my law office at (248) 985-7135

Q:

Prolonging finalization of divorce

My husband and I are involved in divorce. We have 2 children , custody has been settled. Joint legal and physical. He filed in Dec of 2004, our first pro-confesso was supposed to be July 11. Changed to Aug by his atty because it conflicted w/ her schedule. Changed again to September and now again to Oct. I don't have an atty and I just want this over with. Can I stop them from rescheduling unless it's absolutely necessary? My husband didn't want the divorce I did. Right now I think he's just dragging this out to be mean.

A:

This is why it is usually wise to have an attorney. It appears that your husband's attorney is getting dates changed with the court at will. If you had an attorney, the court would require a stipulation to adjourn dates. Technically, the court should require your agreement to adjourn dates (stipulation), but apparently the court is not concerned with the desires of a "pro per" (self represented) plaintiff. For more information on divorce law in Oakland, Wayne, Macomb, Washtenaw, Livingston, and Genesee counties, please contact my law office at (248) 985-7135.

Q:

Temporary Full Custody

If the child's mother goes to jail for violation of probation, and a warrant for a report of a false felony, and was arrested while the child was present. What are the chances of getting temporary full custody granted to the father if the mother has been in jail for 4 days and counting? Joint legal and Physical custody is what is stated in the custody papers now. No decision has been made about where the child will go to school this year.

A:

Sounds like you may have a good argument for a change in custody. For more info. on child custody, please contact my Farmington Hills law office at is (248) 985-7135.

Q:

Custody jurisdiction

I have had custody of my 2 boys since 1996. They are currently visiting their mother in MI and now she has filed for custody and will be keeping them after the date they were to return to us. We live in CA and the jurisdiction is in HI. We have been living in CA for 5 years. Can the court in MI change jurisdiction even if the boys have never lived there? Which state has jurisdiction?

A:

The court in Michigan can retain jurisdiction over the children and all matters impacting the children if the original order was from a Michigan court.(Was the original order from Michigan or Hawaii?) Under certain circumstances, a court in another state can acquire jurisdiction. For more info on child custody laws in Michigan's Oakland, Wayne, Macomb, Washtenaw, Livingston, and Genesee counties, please contact my law office at is (248) 985-7135.