by Jim Fausone
There is no way the VA is going to be able to help every veteran in every situation. I think it is important that Veteran Service Organizations (VSO), veteran business owners and veteran centric groups step up and help out. This requires a local effort of neighbors helping neighbors. Stop worrying about VA getting it right and jump in and help.
VA recently denied a housing grant to assist a disabled veteran build a garage. We belong to a group that handles these types of requests. Our volunteers can go to the house and confirm the request and then work with people to get the job done and supply funding. We have also found many times people were trying to scam the system. If you live in Boston or are with a local Boston VSO maybe this is a relevant project to take on.
Read about this vet and his need for a garage: http://www.bostonherald.com/news/regional/view.bg?articleid=1296658
Experienced and practical Michigan attorneys solving the problems of business owners, their families, and veterans... one case at a time.
Tuesday, November 30, 2010
Monday, November 29, 2010
Phoenix 's National Tinnitus Clinic
by Jim Fausone
Tinnitus, commonly known as ringing in the ears, is a major health issue for soldiers returning from combat in Afghanistan and Iraq. It is also a major and common disability for those from Vietnam combat. The condition was the most-claimed service-connected disability for veterans receiving compensation in fiscal year 2009-10, according to the Veterans Affairs Health Care System.
The audiology clinic at the Phoenix veterans hospital has added staff and extended hours. The hospital will launch a national tinnitus program called Progressive Tinnitus Management to help veterans with the disorder. Audiologists and mental-health professionals will work together to help veterans manage their reaction to tinnitus. The VA has been developing the program for five years using research literature, textbooks and clinical experience. We can only hope that the results are sufficient to roll out the program nationally.
Read more at: http://www.suntimes.com/news/nation/2906270,CST-WS-ears19.article
Tinnitus, commonly known as ringing in the ears, is a major health issue for soldiers returning from combat in Afghanistan and Iraq. It is also a major and common disability for those from Vietnam combat. The condition was the most-claimed service-connected disability for veterans receiving compensation in fiscal year 2009-10, according to the Veterans Affairs Health Care System.
The audiology clinic at the Phoenix veterans hospital has added staff and extended hours. The hospital will launch a national tinnitus program called Progressive Tinnitus Management to help veterans with the disorder. Audiologists and mental-health professionals will work together to help veterans manage their reaction to tinnitus. The VA has been developing the program for five years using research literature, textbooks and clinical experience. We can only hope that the results are sufficient to roll out the program nationally.
Read more at: http://www.suntimes.com/news/nation/2906270,CST-WS-ears19.article
Wednesday, November 24, 2010
Mel Gibson’s Custody Trial
by Wendy Alton
Judge Gordon in Los Angeles is once again the trial judge for a celebrity couple. He has previously decided issues of custody for Britney Spears and Kevin Federline, and is currently the trial judge in the divorce of Frank & Jamie McCourt and in that case will determine who will own the Dodgers.
Now, Judge Gordon will determine custody, parenting time and child support for the daughter of Mel Gibson and Oksana Grigorieva. Specifically, Judge Gordon will have to decide who has custody, how much child support should be paid, how frequently each will see their daughter, and under what conditions—meaning whether or not it should be supervised.
In Michigan, the trial judges also make custody, parenting time and child support decisions. However, the ultimate decision doesn’t go to the judge unless the parents cannot agree on those decisions. In divorce or custody cases, the parents have many options for resolving these issues, including mediation before the case, mediation during the case, and mediation with Friend of the Court.
If the issues cannot be resolved prior to trial, then the Judge must make those decisions, always focusing on what is in the best interests of the child. This means that the Judge must hear testimony and review evidence involving 12 factors that can be found here: Best Interests of the Child Defined.
Ultimately it is better if the parents can agree on issues of custody and parenting time since the parents will have to co-parent for years to come, and must make decisions together about their children. If, however, an agreement is impossible, the judge will make that decision—but it will be based upon what is best for the child, not what the parents want.
You can read more about the Mel Gibson custody issue as reported by the New York Times: In Family Court, a Reckoning for Gibson’s Career
If you are interested in learning more about custody, parenting time, child support, divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Judge Gordon in Los Angeles is once again the trial judge for a celebrity couple. He has previously decided issues of custody for Britney Spears and Kevin Federline, and is currently the trial judge in the divorce of Frank & Jamie McCourt and in that case will determine who will own the Dodgers.
Now, Judge Gordon will determine custody, parenting time and child support for the daughter of Mel Gibson and Oksana Grigorieva. Specifically, Judge Gordon will have to decide who has custody, how much child support should be paid, how frequently each will see their daughter, and under what conditions—meaning whether or not it should be supervised.
In Michigan, the trial judges also make custody, parenting time and child support decisions. However, the ultimate decision doesn’t go to the judge unless the parents cannot agree on those decisions. In divorce or custody cases, the parents have many options for resolving these issues, including mediation before the case, mediation during the case, and mediation with Friend of the Court.
If the issues cannot be resolved prior to trial, then the Judge must make those decisions, always focusing on what is in the best interests of the child. This means that the Judge must hear testimony and review evidence involving 12 factors that can be found here: Best Interests of the Child Defined.
Ultimately it is better if the parents can agree on issues of custody and parenting time since the parents will have to co-parent for years to come, and must make decisions together about their children. If, however, an agreement is impossible, the judge will make that decision—but it will be based upon what is best for the child, not what the parents want.
You can read more about the Mel Gibson custody issue as reported by the New York Times: In Family Court, a Reckoning for Gibson’s Career
If you are interested in learning more about custody, parenting time, child support, divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Tuesday, November 23, 2010
Detroit Celebrates Adoption Day
by Melissa Cox
Tuesday, November 23, 2010 will be a day of celebration in the courtroom of Hon. Mary Beth Kelly, Judge of the Third Circuit Court and Justice-Elect of the Michigan Supreme Court. She will preside at an Adoption Day commemoration which is open to the public.
Although adoption finalization hearings are generally private, the participating families and courts will open these hearings to the public, allowing others to witness the final stage of the adoption process. Also in attendance will be Michigan State University Associate Professor John Seita, Michigan Supreme Court Justice Robert Young, Jr., and Department of Human Services Director Ismael Ahmed.
If you would like to know more about adopting in Michigan, please contact Melissa Cox at mcox@fb-firm.com.
You can read more about this event at:
http://www.examiner.com/legal-news-in-detroit/adoption-day-celebrated-detroit
Tuesday, November 23, 2010 will be a day of celebration in the courtroom of Hon. Mary Beth Kelly, Judge of the Third Circuit Court and Justice-Elect of the Michigan Supreme Court. She will preside at an Adoption Day commemoration which is open to the public.
Although adoption finalization hearings are generally private, the participating families and courts will open these hearings to the public, allowing others to witness the final stage of the adoption process. Also in attendance will be Michigan State University Associate Professor John Seita, Michigan Supreme Court Justice Robert Young, Jr., and Department of Human Services Director Ismael Ahmed.
If you would like to know more about adopting in Michigan, please contact Melissa Cox at mcox@fb-firm.com.
You can read more about this event at:
http://www.examiner.com/legal-news-in-detroit/adoption-day-celebrated-detroit
Monday, November 22, 2010
Veteran Service Organizations & Facebook
by Jim Fausone
VSOs play an important role in the reintegration of troops into society and the delivery of veteran benefits information. The reduction in members is of concern to the survival of VSOs. These groups have to make themselves more relevant to today's veterans. The groups are adopting the use of social media.
The American Legion has about 20,000 Facebook members. IAVA has 169,000 supporters on Facebook. VFW has 64,000 Facebook followers. Connecting by use of social media is just one step in remaining relevant. Others are discussed in the attached article.
http://www.armytimes.com/news/2010/11/army-vets-turn-to-social-media-111910w/
VSOs play an important role in the reintegration of troops into society and the delivery of veteran benefits information. The reduction in members is of concern to the survival of VSOs. These groups have to make themselves more relevant to today's veterans. The groups are adopting the use of social media.
The American Legion has about 20,000 Facebook members. IAVA has 169,000 supporters on Facebook. VFW has 64,000 Facebook followers. Connecting by use of social media is just one step in remaining relevant. Others are discussed in the attached article.
http://www.armytimes.com/news/2010/11/army-vets-turn-to-social-media-111910w/
Thursday, November 18, 2010
The Wedding’s Off—Now Who Keeps the Engagement Ring?
by Wendy Alton
You are engaged to be married, and have either bought or received a beautiful (expensive) engagement ring. Unfortunately, something happens to destroy the pre-wedded bliss and the wedding is called off for good. If the marriage never happens, who gets the engagement ring?
The courts in Michigan have answered unequivocally: the person who gave the ring in anticipation of the marriage.
The definitive case on this issue is Meyer v Mitnick, 244 Mich App 697 (2001). In that case, Dr. Barry Meyer purchased a custom-designed engagement ring for his fiancé Robyn Mitnick at the cost of $19,500. Prior to the marriage, Dr. Meyer asked Ms. Mitnick to sign a prenuptial agreement, and Ms. Mitnick refused. The marriage was called off.
Ms. Mitnick refused to return the engagement ring, so Dr. Meyer sued her for its return. Dr. Meyer argued that the engagement ring was a conditional gift, given in anticipation of marriage, and since the marriage wasn’t going to happen, the gift should be returned. Ms. Mitnick argued that Dr. Meyer broke the engagement, and thus was at fault for the marriage not occurring, and that based upon fault, she should be allowed to keep the ring.
The trial court, Oakland County Circuit Court, ruled that the ring should be returned to Dr. Meyer because it is a conditional gift, and that issues of fault do not determine who keeps the ring. Ms. Mitnick appealed that decision to the Michigan Court of Appeals.
The Michigan Court of Appeals affirmed the trial court’s decision. They concluded the following:
“In sum, we hold that an engagement ring given in contemplation of marriage is an impliedly conditional gift that is a completed gift only upon marriage. If the engagement is called off, for whatever reasons, the gift is not capable of becoming a completed gift and must be returned to the donor.”
Long story short, if the marriage doesn’t happen, the ring is given back to the person that gave it in anticipation of the marriage.
Keep in mind, however, that two people can always come to a written agreement otherwise. If there is a written agreement that the person receiving the engagement ring can keep it regardless of what happens, that agreement would usually govern.
Also keep in mind that once the couple is married, the condition is fulfilled, and the engagement ring, once a conditional gift, is now an outright gift and belongs solely to the person receiving it.
If you are interested in learning more about prenuptial agreements, divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
You are engaged to be married, and have either bought or received a beautiful (expensive) engagement ring. Unfortunately, something happens to destroy the pre-wedded bliss and the wedding is called off for good. If the marriage never happens, who gets the engagement ring?
The courts in Michigan have answered unequivocally: the person who gave the ring in anticipation of the marriage.
The definitive case on this issue is Meyer v Mitnick, 244 Mich App 697 (2001). In that case, Dr. Barry Meyer purchased a custom-designed engagement ring for his fiancé Robyn Mitnick at the cost of $19,500. Prior to the marriage, Dr. Meyer asked Ms. Mitnick to sign a prenuptial agreement, and Ms. Mitnick refused. The marriage was called off.
Ms. Mitnick refused to return the engagement ring, so Dr. Meyer sued her for its return. Dr. Meyer argued that the engagement ring was a conditional gift, given in anticipation of marriage, and since the marriage wasn’t going to happen, the gift should be returned. Ms. Mitnick argued that Dr. Meyer broke the engagement, and thus was at fault for the marriage not occurring, and that based upon fault, she should be allowed to keep the ring.
The trial court, Oakland County Circuit Court, ruled that the ring should be returned to Dr. Meyer because it is a conditional gift, and that issues of fault do not determine who keeps the ring. Ms. Mitnick appealed that decision to the Michigan Court of Appeals.
The Michigan Court of Appeals affirmed the trial court’s decision. They concluded the following:
“In sum, we hold that an engagement ring given in contemplation of marriage is an impliedly conditional gift that is a completed gift only upon marriage. If the engagement is called off, for whatever reasons, the gift is not capable of becoming a completed gift and must be returned to the donor.”
Long story short, if the marriage doesn’t happen, the ring is given back to the person that gave it in anticipation of the marriage.
Keep in mind, however, that two people can always come to a written agreement otherwise. If there is a written agreement that the person receiving the engagement ring can keep it regardless of what happens, that agreement would usually govern.
Also keep in mind that once the couple is married, the condition is fulfilled, and the engagement ring, once a conditional gift, is now an outright gift and belongs solely to the person receiving it.
If you are interested in learning more about prenuptial agreements, divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Wednesday, November 17, 2010
New Agent Orange Regulations and Nehmer’s Implications on Pending Claims
by Kristina Derro
Many individuals have previously filed claims for disabilities that have recently been added as presumptive diseases for Agent Orange exposure. As a result of Nehmer, these individuals can have their previous claims reinstated and adjudicated. The VA is doing just that—hundreds of thousands of previously denied cases have been reopened and are in the process of being adjudicated.
Word from VA is that the U.S. Court of Appeals for Veterans Claims has instructed it to process these claims first, prior to adjudicating other claims. Therefore, we have been receiving word from local Regional Offices that the normal “slow” process at VA has been slowed even further because the VA has been focusing on these Nehmer claims and not working on the other claims.
Word of advice: prepare for a long wait at VA!
Many individuals have previously filed claims for disabilities that have recently been added as presumptive diseases for Agent Orange exposure. As a result of Nehmer, these individuals can have their previous claims reinstated and adjudicated. The VA is doing just that—hundreds of thousands of previously denied cases have been reopened and are in the process of being adjudicated.
Word from VA is that the U.S. Court of Appeals for Veterans Claims has instructed it to process these claims first, prior to adjudicating other claims. Therefore, we have been receiving word from local Regional Offices that the normal “slow” process at VA has been slowed even further because the VA has been focusing on these Nehmer claims and not working on the other claims.
Word of advice: prepare for a long wait at VA!
Tuesday, November 16, 2010
Divorcing and Dreading the Holidays?
by Wendy Alton
As if Divorce or Separation wasn’t hard enough—along comes Thanksgiving, Christmas and New Years. It is undisputed that those going through the tumultuous process of divorce feel increased depression and despair as the holidays approach. Most people try to manage these feelings themselves and get through the holidays without a support system. However, there is a tremendous amount of help and support for people going through a divorce, especially during the holidays.
There is a valuable website called DivorceCare, and you can click on the website here: www.DivorceCare.org. On this website, you can read articles, watch videos, sign up for daily encouragement emails, and most importantly, find a local support group for yourself, and also find a support group for your children. These groups meet weekly and are free to anyone who wants to attend. The website also has a bookstore with an incredible selection of books.
There is also a special section for people divorcing as we move toward the holidays: DivorceCare: Surviving the Holidays. This is a special Surviving the Holidays event (free) that features video instruction and group discussion on how to get through the holidays. If you attend the event, you have the opportunity to talk with other people who are going through the same issues, and also receive a free Holiday Survival Guide.
If you are going through a divorce, a separation, or are facing the holidays for the first time after a divorce, you do not have to go through these holidays alone. You also don’t have to manage feelings of depression or despair by yourself. Look through the materials on the DivorceCare website and find a group to join. There are people eager to help.
The website again is DivorceCare, and can be found at www.DivorceCare.org
The section of DivorceCare for surviving the holidays can be found at DivorceCare: Surviving the Holidays.
If you are interested in learning more about divorce or separation, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
As if Divorce or Separation wasn’t hard enough—along comes Thanksgiving, Christmas and New Years. It is undisputed that those going through the tumultuous process of divorce feel increased depression and despair as the holidays approach. Most people try to manage these feelings themselves and get through the holidays without a support system. However, there is a tremendous amount of help and support for people going through a divorce, especially during the holidays.
There is a valuable website called DivorceCare, and you can click on the website here: www.DivorceCare.org. On this website, you can read articles, watch videos, sign up for daily encouragement emails, and most importantly, find a local support group for yourself, and also find a support group for your children. These groups meet weekly and are free to anyone who wants to attend. The website also has a bookstore with an incredible selection of books.
There is also a special section for people divorcing as we move toward the holidays: DivorceCare: Surviving the Holidays. This is a special Surviving the Holidays event (free) that features video instruction and group discussion on how to get through the holidays. If you attend the event, you have the opportunity to talk with other people who are going through the same issues, and also receive a free Holiday Survival Guide.
If you are going through a divorce, a separation, or are facing the holidays for the first time after a divorce, you do not have to go through these holidays alone. You also don’t have to manage feelings of depression or despair by yourself. Look through the materials on the DivorceCare website and find a group to join. There are people eager to help.
The website again is DivorceCare, and can be found at www.DivorceCare.org
The section of DivorceCare for surviving the holidays can be found at DivorceCare: Surviving the Holidays.
If you are interested in learning more about divorce or separation, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Monday, November 15, 2010
PTSD & Physical Ailments
by Jim Fausone
The VA often funds research that is helpful in understanding complex medical conditions. VA and Stanford University completed a large study that shows that among younger veterans enrolled in VA health care, those with a mental health condition—especially posttraumatic stress disorder (PTSD)—tend to have more physical ailments. The results, published online Sept. 18 in the Journal of General Internal Medicine, explain the link between emotional stress and physical illness.
The researchers examined the records of more than 90,000 Iraq and Afghanistan Veterans who used VA outpatient care in fiscal year 2006–2007. The majority had received a diagnosis of at least one mental health condition. About 35 percent of men and 27 percent of women had PTSD. The link between PTSD and medical (non-mental) illness was stronger among women than among men. Women with PTSD had a median of 7 medical conditions, versus 4.5 for women with no mental health diagnosis. The most common physical ailments for women were lower-back problems, headaches and lower-extremity joint disorders. Men with PTSD had a median of 5 medical conditions, versus 4 for men with no mental health diagnosis. The most common complaints for men were similar to those of women—for example, back and knee problems—but also included hearing loss.
As you advance your disability claim and secondary or related claims, this research may be helpful. Read more at http://www.research.va.gov/currents/oct10/oct10-3.cfm
The VA often funds research that is helpful in understanding complex medical conditions. VA and Stanford University completed a large study that shows that among younger veterans enrolled in VA health care, those with a mental health condition—especially posttraumatic stress disorder (PTSD)—tend to have more physical ailments. The results, published online Sept. 18 in the Journal of General Internal Medicine, explain the link between emotional stress and physical illness.
The researchers examined the records of more than 90,000 Iraq and Afghanistan Veterans who used VA outpatient care in fiscal year 2006–2007. The majority had received a diagnosis of at least one mental health condition. About 35 percent of men and 27 percent of women had PTSD. The link between PTSD and medical (non-mental) illness was stronger among women than among men. Women with PTSD had a median of 7 medical conditions, versus 4.5 for women with no mental health diagnosis. The most common physical ailments for women were lower-back problems, headaches and lower-extremity joint disorders. Men with PTSD had a median of 5 medical conditions, versus 4 for men with no mental health diagnosis. The most common complaints for men were similar to those of women—for example, back and knee problems—but also included hearing loss.
As you advance your disability claim and secondary or related claims, this research may be helpful. Read more at http://www.research.va.gov/currents/oct10/oct10-3.cfm
Thursday, November 11, 2010
Adopting Online
By Melissa A. Cox
Social Media is the new adoption apparatus for many adoptive parents seeking birth mothers. The traditional use of adoption agencies or adoption facilitators can be costly, ranging from $10,000.00 to $25,000.00, and the wait for a baby can be months or years. The use of online resources to effectuate an independent adoption is cheaper, quicker, and reaches a larger audience.
Adoption experts have long advised that, when looking for an adoptive baby, “the more people who know you are looking, the better”. To help spread the word, prospective parents are utilizing social networking sites like Twitter, MySpace, YouTube and Facebook in the hope that their friends may know of a potential birth mom.
It is also a fact that many birth mothers are teens or young adults. They will often Google advice before they will even think of speaking with an adoption agency. So, of course, the chances of these mothers finding an adoptive parents’ YouTube video or Facebook page are high.
Of course, once an adoptive parent or parents finds their baby, they will need a competent adoption attorney to legalize the adoption. If you have any questions regarding Michigan adoption law, please contact Melissa Cox @ mcox@fb-firm.com.
You can read the CNN article here: http://articles.cnn.com/2009-03-10/tech/adoption.internet.advertise_1_adoptive-parents-adoption-agencies-adoption-experts?_s=PM:TECH
Social Media is the new adoption apparatus for many adoptive parents seeking birth mothers. The traditional use of adoption agencies or adoption facilitators can be costly, ranging from $10,000.00 to $25,000.00, and the wait for a baby can be months or years. The use of online resources to effectuate an independent adoption is cheaper, quicker, and reaches a larger audience.
Adoption experts have long advised that, when looking for an adoptive baby, “the more people who know you are looking, the better”. To help spread the word, prospective parents are utilizing social networking sites like Twitter, MySpace, YouTube and Facebook in the hope that their friends may know of a potential birth mom.
It is also a fact that many birth mothers are teens or young adults. They will often Google advice before they will even think of speaking with an adoption agency. So, of course, the chances of these mothers finding an adoptive parents’ YouTube video or Facebook page are high.
Of course, once an adoptive parent or parents finds their baby, they will need a competent adoption attorney to legalize the adoption. If you have any questions regarding Michigan adoption law, please contact Melissa Cox @ mcox@fb-firm.com.
You can read the CNN article here: http://articles.cnn.com/2009-03-10/tech/adoption.internet.advertise_1_adoptive-parents-adoption-agencies-adoption-experts?_s=PM:TECH
Wednesday, November 10, 2010
Prenuptial Agreements on the Rise
by Wendy Alton
A recent Detroit Free Press article reported that a majority of lawyers are seeing an increase in requests for prenuptial agreements and that more women are requesting prenuptial agreements prior to getting married. Part of the reason for the increase is the fact that people are getting married at an older age, and that there are more frequent second marriages or marriages blending families together.
For couples that are anticipating marriage, it is very important to consider having a prenuptial agreement in place prior to getting married. This is particularly important if each person has their own property, investments, retirement and savings. A prenuptial agreement is an agreement between couples getting married on how they are going to distribute assets they bring to the marriage and assets they acquire during the marriage if the couple divorces or if one of them passes away.
Prenuptial agreements are very common when two individuals are bringing significant assets of their own into the marriage, or even significant debt. They are also common when people are marrying later in life and they have grown children they want to provide for if they were to pass away. They are far more common than they used to be.
You can read the Detroit Free Press article here: More Women and 2nd Timers want Prenup
If you are interested in learning more about prenuptial agreements or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
A recent Detroit Free Press article reported that a majority of lawyers are seeing an increase in requests for prenuptial agreements and that more women are requesting prenuptial agreements prior to getting married. Part of the reason for the increase is the fact that people are getting married at an older age, and that there are more frequent second marriages or marriages blending families together.
For couples that are anticipating marriage, it is very important to consider having a prenuptial agreement in place prior to getting married. This is particularly important if each person has their own property, investments, retirement and savings. A prenuptial agreement is an agreement between couples getting married on how they are going to distribute assets they bring to the marriage and assets they acquire during the marriage if the couple divorces or if one of them passes away.
Prenuptial agreements are very common when two individuals are bringing significant assets of their own into the marriage, or even significant debt. They are also common when people are marrying later in life and they have grown children they want to provide for if they were to pass away. They are far more common than they used to be.
You can read the Detroit Free Press article here: More Women and 2nd Timers want Prenup
If you are interested in learning more about prenuptial agreements or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Tuesday, November 9, 2010
How Child Support is Calculated
by Wendy Alton
A common misunderstanding with our family law clients is how exactly child support is calculated in Michigan. Often parents believe that child support is based solely on just what they earn, and nothing more. This is not correct, as child support is based upon a number of considerations.
First, child support is often calculated by Friend of the Court and by attorneys with the help of a computer program. The following is a list of the information that is provided to that program in order for child support to be calculated:
• Number of minor children
• Tax filing status of both parents
• Tax exemptions for both parents
• Determination if either parent provides support for other children in their household
• The number of overnight stays that each parent has with each child (calculated separately)
• The amount of childcare that each parent pays, and for how many children
• The amount of health care premiums that each parent pays for the children
• The gross earnings of each parent
Obviously from the list above, one can see that child support is calculated on more than just what a parent earns.
There are also other factors that must be considered in more unique cases. Sometimes one parent is voluntarily unemployed or underemployed, and it must be determined if income should be imputed to that parent for purposes of child support. Sometimes a parent is self-employed, and the calculation of income is more difficult.
It is important to discuss the issue of child support with an experienced family law lawyer so that you can truly understand the issues in your case, how child support is calculated, and whether or not you should seek an increase or decreased based upon all of those circumstances.
If you are interested in learning more about child support, divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
A common misunderstanding with our family law clients is how exactly child support is calculated in Michigan. Often parents believe that child support is based solely on just what they earn, and nothing more. This is not correct, as child support is based upon a number of considerations.
First, child support is often calculated by Friend of the Court and by attorneys with the help of a computer program. The following is a list of the information that is provided to that program in order for child support to be calculated:
• Number of minor children
• Tax filing status of both parents
• Tax exemptions for both parents
• Determination if either parent provides support for other children in their household
• The number of overnight stays that each parent has with each child (calculated separately)
• The amount of childcare that each parent pays, and for how many children
• The amount of health care premiums that each parent pays for the children
• The gross earnings of each parent
Obviously from the list above, one can see that child support is calculated on more than just what a parent earns.
There are also other factors that must be considered in more unique cases. Sometimes one parent is voluntarily unemployed or underemployed, and it must be determined if income should be imputed to that parent for purposes of child support. Sometimes a parent is self-employed, and the calculation of income is more difficult.
It is important to discuss the issue of child support with an experienced family law lawyer so that you can truly understand the issues in your case, how child support is calculated, and whether or not you should seek an increase or decreased based upon all of those circumstances.
If you are interested in learning more about child support, divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Monday, November 8, 2010
General Fausone at UM Nursing
by Jim Fausone
I am often asked about being married to a General. Believe me it has its benefits but it is not always easy. Brigadier General Carol Ann Fausone has spent 32 years wearing the Air Force blue uniform with assignments all over the world. Currently, she is the Assistant Adjutant General for Veterans Affairs in the State of Michigan.
Veterans Day 2010, she will travel the State and give a dozen speeches. One good assignment is being the Officer of the Day at the Illinois v Michigan football game's ceremony honoring veterans. The General gets field access with the ROTC and sky box access with the Regents. Not a bad job for the spouse who tags along. She recently gave a presentation at the University of Michigan where she obtained her nursing degree.
If you want to read about that speech click on: http://www.nursing.umich.edu/about-our-school/news-portal/201011/1353
I am often asked about being married to a General. Believe me it has its benefits but it is not always easy. Brigadier General Carol Ann Fausone has spent 32 years wearing the Air Force blue uniform with assignments all over the world. Currently, she is the Assistant Adjutant General for Veterans Affairs in the State of Michigan.
Veterans Day 2010, she will travel the State and give a dozen speeches. One good assignment is being the Officer of the Day at the Illinois v Michigan football game's ceremony honoring veterans. The General gets field access with the ROTC and sky box access with the Regents. Not a bad job for the spouse who tags along. She recently gave a presentation at the University of Michigan where she obtained her nursing degree.
If you want to read about that speech click on: http://www.nursing.umich.edu/about-our-school/news-portal/201011/1353
Friday, November 5, 2010
Suicide & Mental Illness
by Jim Fausone
The rash of suicides this year that involve members of the military has been getting plenty of attention. Veterans face the same suicide problem brought on by the stress of war. Military veterans with psychiatric illnesses are at increased risk for suicide, says a new study by the University of Michigan in conjunction with US Department of Veteran Affairs.
The researchers examined the psychiatric records of more than three million veterans who received any type of care at a VA facility in 1999. Over the next seven years, 7,684 of the veterans committed suicide. Slightly half of them had at least one psychiatric diagnosis. All of the psychiatric conditions included in the study -- depression, schizophrenia, bipolar disorder, substance abuse disorders, post-traumatic stress syndrome (PTSD) and other anxiety disorders -- were associated with increased risk of suicide.
To read more about the study:
http://www.businessweek.com/lifestyle/content/healthday/645083.html
The rash of suicides this year that involve members of the military has been getting plenty of attention. Veterans face the same suicide problem brought on by the stress of war. Military veterans with psychiatric illnesses are at increased risk for suicide, says a new study by the University of Michigan in conjunction with US Department of Veteran Affairs.
The researchers examined the psychiatric records of more than three million veterans who received any type of care at a VA facility in 1999. Over the next seven years, 7,684 of the veterans committed suicide. Slightly half of them had at least one psychiatric diagnosis. All of the psychiatric conditions included in the study -- depression, schizophrenia, bipolar disorder, substance abuse disorders, post-traumatic stress syndrome (PTSD) and other anxiety disorders -- were associated with increased risk of suicide.
To read more about the study:
http://www.businessweek.com/lifestyle/content/healthday/645083.html
Tuesday, November 2, 2010
VA Starts AO Payments
by Jim Fausone
VA announced that on November 1st it has finally started making payments under the new AO rules. Providing initial payments – or increases to existing payments – to the 200,000 Veterans who now qualify for disability compensation is expected to take several months. The three new presumptive diseases which have been in the press all year are: B-cell (or hairy-cell) leukemia, Parkinson’s disease and ischemic heart disease.
To read more about the VA's efforts in this area read:
http://www1.va.gov/opa/pressrel/pressrelease.cfm?id=1991
VA announced that on November 1st it has finally started making payments under the new AO rules. Providing initial payments – or increases to existing payments – to the 200,000 Veterans who now qualify for disability compensation is expected to take several months. The three new presumptive diseases which have been in the press all year are: B-cell (or hairy-cell) leukemia, Parkinson’s disease and ischemic heart disease.
To read more about the VA's efforts in this area read:
http://www1.va.gov/opa/pressrel/pressrelease.cfm?id=1991
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