Reed Law Group, P.C.Reed Law Group, P.C.2023-10-30T16:21:12Zhttps://www.reedlawgrouppc.com/feed/atom/WordPress/wp-content/uploads/sites/1501447/2020/09/cropped-favicon-32x32.pngOn Behalf of Reed Law Group, P.C.https://www.reedlawgrouppc.com/?p=466512021-07-09T17:51:27Z2021-06-21T10:53:06Zspousal support can vary greatly between divorce proceedings. The financial standing of the parties will dictate if an award of spousal support is short or long term. Readers are reminded that this post provides information and not legal advice. They can always speak with their trusted divorce lawyers about how their individual spousal support matters may resolve.
What matters during a spousal support proceeding?
As mentioned, spousal support determinations are based on factors related to the parties to a divorce. If both parties are high income earners, then spousal support may not be necessary. If one of the parties earns an income while the other is unemployed, the financially disadvantaged party may be entitled to spousal support.
Spousal support can last for different lengths of time. If a party is unemployed due to age or diminished health, they may receive a long-term or permanent award of spousal support. If they can return to the workforce after receiving education or training, they may be entitled to a smaller award to help them get back into a career.
How does a party ask for spousal support?
A party can petition their divorce court for spousal support. It will be evaluated and negotiated between the parties. If a judge awards spousal support, it may included in the final divorce decree or order and given enforcement provisions to ensure the paying spouse stays current on their obligation. A divorcing party’s attorney can help them fight for the financial support they need when their marriage comes it its end through divorce.]]>On Behalf of Reed Law Group, P.C.https://www.reedlawgrouppc.com/?p=466492021-07-09T17:51:33Z2021-06-08T07:04:57Zparenting time by a family law court and the types of parenting time they may be entitled to receive. No part of this post should be read as legal advice or used as specific guidance on a particular family law or divorce case.
Why might a parent receive parenting time and not custody?
Decisions regarding the care of children following separations and divorces often focus heavily on what arrangements will best serve the interests of the affected children. In some cases, parents may both receive custody and share equally in their access to and duties to support their kids. In other situations, one parent may receive custody and their co-parent may be awarded parenting time.
If a parent receives parenting time rights, many factors will go into the decision for when, how much, and for how long they may be with their children. A parent’s willingness and ability to follow a parenting time schedule will support their rights, but a parent who is unwilling to work within the limits of their parenting time schedule may see their access to their children reduced. A family law lawyer can support their client’s needs with regard to understanding their parenting time award.
Types of parenting time
Parenting time can look very different from family to family. For some parents, parenting time may allow them uninterrupted access to their kids for extended periods of time. For others, parenting time may involve supervised visits under the eye of third party neutral entities. In some situations, when parents live far from their children, parenting time may involve contact through electronic means, such as email or texting.
Parenting time is established for every distinct family. As such, parents should not rely on the outcomes of other family law cases to guess what their custody and parenting time outcomes may be. Attorneys can help their family law clients work through their legal needs and advocate for their children's best interests.]]>On Behalf of Reed Law Group, P.C.https://www.reedlawgrouppc.com/?p=466472021-07-09T17:51:39Z2021-05-27T10:05:43ZWhat are hidden assets?
Hidden assets are items of property, whether tangible or intangible, that an individual conceals from their spouse. A hidden asset maybe an investment account that was created with marital money but that the owner did not share with their partner. It may also be real property purchased with shared assets but that was never disclosed to the buyer's spouse.
Some individuals attempt to hide assets from their soon-to-be ex-partners in order to preserve their own wealth. However, these deceptive practices are wrongful as all marital assets must be disclosed during the divorce process.
Finding hidden assets during divorce proceedings
There are different tools that individuals and their attorneys can use to locate assets and discover hidden items. Discovery is a way for a person to ask questions and request documents about the property their spouse owns. Similarly, forensic accounting allows for investigations to uncover the wealth and assets of a couple so that high asset divorce proceedings are fair.
All divorces have complications, but high asset divorces can be marred by hidden assets. Not all attorneys are prepared to deal with these and other high asset divorce matters. Finding the right attorney for one’s divorce can make the process smoother for them and their future.]]>On Behalf of Reed Law Group, P.C.https://www.reedlawgrouppc.com/?p=466442021-07-09T17:51:45Z2021-05-12T06:21:08Zchild custody evaluations.
The basics of a child custody evaluation
The purpose of a child custody evaluation is to give the court an unbiased perspective of the family’s dynamic so that it can better determine what kind of child custody and visitation arrangement best supports the child’s best interests. These evaluations always include interviews with the parents, usually separately, so that more information can be gathered about the child and each parent’s relationship with the child.
Questions are usually asked in a way that tracks the law on child custody determination. Therefore, you and your child’s other parent will probably be asked about:
How love and affection is shown to the child
Ability to provide for the child’s basic needs
Where the child has been living, its appropriateness, and the importance of maintaining it
The mental and physical health of the parties involved
Any history of domestic violence
Each parent’s willingness to foster a relationship between the child and the noncustodial parent
The moral fitness of each parent
The evaluator, who is appointed by the court, may also assess pertinent records such as those pertaining to medical conditions and schooling. The child will probably be interviewed, too.
Dealing with the legalities of a child custody evaluation
Once completed, the evaluator will draft a report for filing with the court. This report will lay out all of the information gathered and make a recommendation as to child custody and visitation. This recommendation isn’t binding on the court, but it can carry significant weight.
That’s why it’s important that you know how to prepare for one of these evaluations and how to either use it to your advantage or minimize its impact in court. To learn more about how to do that, consider reaching out to an experienced family law professional.]]>On Behalf of Reed Law Group, P.C.https://www.reedlawgrouppc.com/?p=466412021-07-09T17:51:50Z2021-04-28T07:20:18Zgrey divorce happened to one in ten spouses, today it impacts one in four.
There are many reasons for this. When the children grow up and leave home, the glue that kept the couple together is no longer there. When people grow older, they also grow as individuals, which can lead them down a different path as they age. There is less stigma to divorce now than in the past, and with more women working, there are fewer practical financial reasons for staying together.
For older spouses considering divorce in Michigan, it is important to have a plan in order to avoid costly mistakes that will put them at financial risk. It will also wise to have reliable and experienced legal support serving the Ann Arbor community that will help you navigate a resolution that protects your assets during property division.
Some financial pitfalls to avoid
Divorcing couples at any age should realize that the cost of living for singles on a per person basis is much high than for couples. But for older spouses, splitting up can destroy retirement savings and put both spouses at risk after divorce.
To protect their financial future, divorcing spouses may want to be aware of common mistakes that can prove costly down the road:
Make sure to take an accurate inventory of assets, including cash, investments, retirement accounts and life insurance policies, as well as debt.
Keeping the family home can prove to be a liability for the one who has to shoulder the mortgage and upkeep alone, and selling it can have tax implications as well.
Not paying attention to the tax consequences of divorce can be a costly mistake. Splitting investment accounts with early withdrawals will have huge tax implications.
Forgetting about health insurance can be an expensive mistake, especially for a spouse who has been on the other’s insurance policy and before Medicare kicks in age 65. Discussing options during divorce proceedings will ensure that both spouses will be taken care of.
Underestimating post-divorce expenses can be a big mistake, and so it is crucial to carefully examine all angles in order to keep from coming up short.
Divorce is expensive at any age, but for older people, it can prove devastating. With careful planning, grey divorce does not have to create financial heartbreak for them in the future.]]>On Behalf of Reed Law Group, P.C.https://www.reedlawgrouppc.com/?p=466362021-07-09T17:51:55Z2021-04-15T06:44:41ZKey points about modifying a child support order
There are fundamental aspects of every child support modification case. There is a Friend of the Court whose role it is to assist the parties. The Friend of the Court conducts a review of the amount being paid in child support every 36 months if a parent is getting public assistance. If there is no public assistance, then a parent can ask for the review to be done in that same time-frame. It is even possible to ask for a review before 36 months have elapsed via a court motion. The parent seeking the modification must give several forms of information to the court including proof of income, tax returns, business tax returns if applicable, and anything else the Friend of the Court needs.
Modifications are possible if they are necessary
As the past year has shown, situations can quickly arise that radically change a person’s life. Job loss, health concerns and personal challenges have come up for many people due to the ongoing health crisis. Even people who would otherwise not have thought it necessary to seek a child support modification might have had their financial and personal lives upended by the pandemic. This is just one example of when a person might want to have the order modified.
Legal guidance could be helpful with a modification
The determination at the end of a family law case is not set in stone. It can be changed as needed. It is important, however, to have legal guidance in to successfully get a modification. Adhering to the requirements is part of it, but there could be factors that require nuance and clear evidence. Having assistance from experienced professionals who understand child support modifications can be helpful.]]>On Behalf of Reed Law Group, P.C.https://www.reedlawgrouppc.com/?p=466322021-07-09T17:52:03Z2021-04-01T05:47:19Zpreviously discussed on this blog, spousal support is only awarded when there is a reason to do so. Michigan courts can look at several factors to decide if spousal support is appropriate in a divorce case.
However, once spousal support is awarded, the paying party may begin to wonder when their obligation to support their ex will end. There are several different ways that this answer can be found, and this post will explore spousal support durations. No part of this post should be read as legal advice, and the information contained herein should be discussed and reviewed with readers’ family law attorneys.
Spousal support based on agreements
When spousal support is agreed to in a divorce-related contract, the parties can stipulate when the obligation will end. For example, they may build in terms that allow the paying spouse to stop providing support if the recipient spouse remarries or is able to go back to work. Individuals must look to their divorce agreements to determine if the answers are found therein.
Spousal support based on court orders
There different timelines for the end of spousal support obligations. It all depends on the type of support ordered by the courts. For example, if a court orders alimony for the purposes of preparing a recipient to re-enter the workforce, then that obligation may end once the recipient is gainfully employed. Similarly, a support order that only provides for a lump sum payment will be completed once the single payment is made and received.
Spousal support can end for other reasons. When a recipient dies or remarries, a paying party can seek to have their obligation terminated. As readers can see, there are different ways that spousal support obligations can end. They can talk to their family law attorneys to better understand their own orders and agreements.]]>On Behalf of Reed Law Group, P.C.https://www.reedlawgrouppc.com/?p=466292021-07-09T17:52:08Z2021-03-17T08:15:59Zhow to establish paternity in Michigan.
Establishing paternity via an Affidavit of Parentage
If unmarried parents agree to name the man as the child’s father on the child’s birth certificate, they can voluntarily execute an Affidavit of Parentage that will establish paternity. This affidavit can be obtained at the hospital when the child is born, at an area Michigan Department of Health and Human Services office, at the county Registrar’s Office or online. Each parent must supply a valid photo I.D. and the completed Affidavit must be signed in the presence of a qualified witness or notary public.
Establishing paternity in court
If the identity of the child’s father is in question, the child’s mother or purported father can go to their local family court to establish paternity. Generally, the post will order a DNA test to be performed to identify whether the purported father is the child’s biological father. If so, he will be determined to be the child’s legal father.
Establishing paternity is important
Establishing paternity is important not just for the parents, but for the child. It allows a child to learn more about their family history, health history and it allows the child to develop a relationship with both parents. In addition, the child receives financial support from both parents. This post is for educational purposes only and does not contain legal advice. Parents in Michigan who want to learn more about child custody and child support are encouraged to explore our firm’s website for further information.]]>On Behalf of Reed Law Group, P.C.https://www.reedlawgrouppc.com/?p=466252021-07-09T17:52:15Z2021-03-05T07:58:28ZKey factors with joint custody
Parents will be told about joint custody as the case moves forward. Either parent can ask that there be joint custody. The fundamentals of joint custody include the parents being able to discuss important matters in the child’s life and make decisions in good faith based on serving the child’s well-being. Once the parties agree that they will have joint custody, the court will likely approve it except in cases where it decides that it will not be in the child’s best interests.
The court can detail the living arrangements so the child maintains contact with both parents. With joint custody, the parent who has the child at the time will make decisions on basic matters and does not need to consult with the other parent. Even if there is joint custody, there will still be the need for child support. The child will spend a certain amount of time residing with each parent. If there are major decisions that need to be made on behalf of the child, the parents are expected to discuss them and come to a workable solution in tandem.
With any child custody case, being legally protected may be essential
Obviously, in acrimonious cases, the parents are unlikely to meet the criteria to have joint custody. However, for parents who are on reasonably good terms or can put their differences aside to focus on the child’s needs, joint custody could be a solid template for the child to maintain a relationship and have significant involvement with both parents. Regardless of the situation, parents who are divorcing and have concerns about child custody should have assistance from experienced family law professionals.]]>On Behalf of Reed Law Group, P.C.https://www.reedlawgrouppc.com/?p=466222021-07-09T17:52:26Z2021-02-22T05:32:43Zparenting plan.
Parenting plan basics
Important parental decisions are written out in the parenting plan. One of the most important aspects to note down in it is the child custody schedule. This depends on each parent’s work schedule, the kids ages, their needs and their schooling requirement. Since parents are most familiar with their schedules and needs, it is best if they agree on these decisions. Otherwise, the court will make these decisions for parents and it will most likely not be one that that works with everyone’s schedule.
Why is a parenting plan important?
The parenting plan provides much needed stability to children. A quick look at the schedule can tell them which day they are spending with which parent. While even a basic plan is better than not having one, a more detailed plan can prevent conflict in the long-run. Deciding which parent has custody over the holidays, summer break and winter vacation is just one aspect of a parenting plan. It can include decisions about sleepovers, screen time, chores, extracurricular activities, when to introduce the children to significant others and how to deal with drug or alcohol use.
While a comprehensive plan is a great way to avoid conflict in the future, it is not possible to foresee every situation that can arise. Drawing on professional help when drafting a parenting plan can help include details that might not have occurred to the parents.]]>