How Child Support is Calculated in Michigan

by Wendy Alton

It seems like one of the biggest mysteries with family law clients is how child support is actually calculated. It is a common misperception that child support is based just on the income of both parents. While income is a factor, it is not the only consideration when child support is calculated.

In Michigan, the following is a standard list of items considered to calculate child support:

1. Income. Each parent’s income is considered, which includes wages, overtime, commissions, bonuses, self-employment income, contract income, investment earnings, social security, unemployment, disability, worker’s compensation, retirement income, military pay, tips, gambling earnings, alimony (spousal support) and employment perks, just to name a few.

2. Deductions from Income. Income is reduced by deductions, including but not limited to actual taxes paid, mandatory payments withheld as a condition of employment (like union dues), life insurance premiums if the children are beneficiaries, employer contributions to pension plans, and spousal support paid to someone other than the other parent

3. Number of Children. This is the number of children of this particular marriage.

4. Second Family Adjustment. There is an allowable deduction for other biological children of each parent.

5. Tax Filing Status. It must be specified how each parent is filing taxes: single, head of household, married filing jointly, or married filing separately.

6. Tax Exemptions. Child support considers how many tax exemptions each parent has, and how many of those exemptions are for children under the age of 17.

7. Child Care. The monthly child care amount (and for how many children) must be specified for each parent.

8. Health Insurance Premiums. The monthly amount that each parent pays for health care insurance premiums is considered. (premiums only—not out of pocket expenses)

9. Parenting Time Schedule. Child Support considers the number of overnights each parent has with each child.

All of the above factors are considered, and each factor is plugged into a computer program that provides an initial child support recommendation. The courts use this computer program, and many family law attorneys (like our office) have programs that are similar to the court’s program.

While the list above sets forward the general factors used in computing child support, keep in mind that there are situations that can exist that justify a “deviation” from the recommendation. This can occur, for example, when one parent is voluntarily unemployed or underemployed, when a child has special needs, if the parent is a minor, or if a parent is incarcerated to name a few, or other situations that a court determines relevant.

Each case has its own special facts and situations that must be considered in order to properly calculate child support. Income alone is not the determining factor for how child support is calculated. If you are currently paying or receiving child support and are unclear as to how your child support was calculated, you should contact a family law attorney to have your child support reviewed and analyzed. This is one of the most frequent services that we offer our own clients.

If you are interested in learning more about divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

Sledge Hammer to EAJA Fees

by Jim Fausone
Veterans Disability Lawyer

So the government lets veterans hire lawyers, but it is not happy about that. When the VA is wrong at the Court of Appeals, which it is about 75% of the time, VA has to pay legal fees under the Equal Access to Justice Act (EAJA). The fees are limited, but fair. EAJA applies to any federal claim.

Apparently the Western politicians think environmental groups are getting fat on EAJA fees. So the Republican House has proposed a 7-month moratorium on EAJA fees. If the Senate passes and the President signs it into law, EAJA fees may be suspended or terminated.

What does that mean for veterans? Lawyers, who have to pay staff and overhead, will have to determine if they can afford to work for veterans in the Court of Appeals for free. Veterans will have to face litigation, appellate procedures, and VA's attorneys, without professional and trained advocates. I suggest the government rethink using this sledgehammer. The problem is the bureaucracy that denies people their rights, not that people prove the government’s missteps.

Write your Congressman and tell them to put the sledgehammer down and work on fixing the system. Don't deprive veterans of representation.

http://www.politico.com/news/stories/0211/50075.html

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

How to Avoid Divorce Lawyers

by Wendy Alton

It is true that as divorce lawyers, we see couples divorcing on a daily basis. Because of this, we do often see certain types of behavior that seem to be common as marriages fall apart. However, instead of focusing on red flags, we thought it would be helpful to talk about what things a couple could do to keep their marriage happy and healthy.

Here is what we have been told are the top 5 signs of a healthy marriage:

1. Communication. Couples should not only both speak their feelings, but they should also both genuinely listen. One-sided communication doesn’t work.

2. Laughter. “A merry heart does good like a medicine.” Proverbs 17:22. Laughter can wipe away hurt and miscommunication. Suddenly big issues feel smaller.

3. Appreciation. Couples should speak appreciation each day about something or anything to each other, and also speak appreciation each day about their partner to others.

4. Date Night. Couples should have a date night at least once a week. This is especially important when there are children in the home.

5. Vacation. Couples should take a vacation at least twice a year. Getting away from the routines of life help us to remember how much we enjoy our partner.

Seems simple, right? As with everything, we would assume that it is more about doing it than just knowing it. Is it worth the effort? As divorce attorneys, we can say without a doubt that there are no winners in divorce, and divorce comes at a high emotional and financial cost. If you can save your marriage and make it healthier and happier, then yes, it is most definitely worth it!

If you are interested in learning more about divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

Legal Separation v. Divorce

by Wendy Alton

Legal Separation (Separate Maintenance) in Michigan is essentially a divorce while still being married.

“What is the difference between a legal separation and a divorce?”

Answer: A legal separation is like getting divorced, but still remaining married.”

One common question that is often asked is whether or not Michigan has what is called a “legal separation,” allowing a married couple to legally separate, but still remain married.
The simple answer is yes, but the procedure is not so simple. Michigan has a legal action entitled “Separate Maintenance.” An action for “Separate Maintenance” is filed with the court just as a Divorce action is filed. The process for a Separate Maintenance action is identical to that of a Divorce. In a Separate Maintenance action, just as in a Divorce action, the couple must decide on how they are going to distribute their assets, share their debt, determine child support & spousal support, and also address how assets are purchased and debt is acquired in the future.

At the end of a Separate Maintenance action, a Judgment of Separate Maintenance is entered with the Court, and the couple is officially legally separated, meaning that all property and debt has been divided, but the party is still legally married.

Why would a couple proceed with a Separate Maintenance action instead of a Divorce? The most common reasons are religious and medical. Some people opt for a Separate Maintenance action because divorce is frowned upon or prohibited in their religion. Some people truly need the medical insurance of their spouse and cannot obtain insurance on their own. For these people, they essentially become “divorced” but still remain married.

What happens if you go through the entire Separate Maintenance action and then decide later that you want to become divorced? You have to file a Divorce action with the court and start from the beginning again.

Separate Maintenance actions are not very common in Michigan, but it is the only legal avenue in Michigan that allows a couple to split all assets, share all debt, live independently, but still remain married. It is the only way for a couple to become legally separated.

If you are interested in learning more about separate maintenance, divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

DOD Tolerates Rape

by Jim Fausone
Veterans Disability Lawyer

A group of former military members are suing the senior leaders of DOD claiming they have been slow to change the DOD culture. They claim the senior leaders are tolerating rape and harassment of women service members. The suit was filed this week and NBC reported the story this week. The problem has been discussed in report after report that has investigated the allegations.

The unique aspect of this story is that the women veterans have filed suit against the current and former Secretary of Defense. No one should tolerate this behavior and MST against men or women cannot be tolerated in a military force protecting a civil society.

http://www.nbc.com/news-sports/msnbc-video/sexual-assault-victims-sue-pentagon/

http://www.examiner.com/female-veterans-affairs-in-national/military-rape-and-sexual-assault-lawsuit-against-secretary-of-defense-gates

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Going Through a Divorce? Marriage Counseling Can Work

by Wendy Alton

Even if you are in the middle of a divorce, marriage counseling can help to save your marriage.

A common question asked is “Help! My husband filed for divorce, but I want to give it another try. I think he will commit to marriage counseling, but will it really work?”

Answer: Marriage counseling can always help save your marriage, even if you are in the middle of a divorce.

The State of North Dakota is considering a law making marriage counseling mandatory for couples who want to get divorced. This law would require couples who want to divorce to actually postpone that divorce for a year, and go through mandatory marriage counseling. The only exemption would be if there were substantiated allegations of domestic violence in the marriage.

According to Dr. Gail Majcher, a Northville psychologist, marriage counseling is a good idea for the majority of cases. She reports that as many as 70% of couples have already filed for divorce when they first come in. She explains that counseling should not be implemented for abuse cases.

As a Northville divorce lawyer, I have to admit that a 70% success rate in marriage counseling is surprising—but also very encouraging. So, from a professional who knows from experience, marriage counseling can absolutely save your marriage, even if you have filed for divorce.

If you are interested in learning more about divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

Korea AO

by Jim Fausone
Veteran Disability Lawyer

Vets were exposed to Agent Orange in Vietnam, Thailand and Korea. Veterans exposed to herbicides while serving along the demilitarized zone (DMZ) in Korea will have an easier path to access quality health care and benefits under a Department of Veterans Affairs (VA) final regulation that will expand the dates when illnesses caused by herbicide exposure can be presumed to be related to Agent Orange.

Under the final regulation published 25 JAN in the Federal Register, VA will presume herbicide exposure for any Veteran who served between April 1, 1968, and Aug. 31, 1971, in a unit determined by VA and the Department of Defense (DoD) to have operated in an area in or near the Korean DMZ in which herbicides were applied. Previously, VA recognized that Agent Orange exposure could only be conceded to Veterans who served in certain units along the Korean DMZ between April 1968 and July 1969.

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Camp Lejeune Water

by Jim Fausone
Veteran Disability Attorney

Every week we receive emails from Marine veterans who are concerned that they have been exposed to contaminated drinking water at Marine Base Camp Lejeune, NC. The water was contaminated with trichloroethylene (TCE), tetrachloroethylene (PCE), benzene and vinyl chloride. Many young men passed thru Camp Lejeune from the 1950s to the mid-1980s when the wells were shut off. VA has been reluctant to recognize the medical nexus of exposure to contaminated drinking water and various disabilities.

The VA decided last fall to consolidate all its Lejeune-related claims at a regional office in Louisville, Ky. The two US Senators from North Carolina are pushing a legislative fix to this problem. Creating a presumption for that medical nexus will be important for many families. This legislation is worth supporting and keeping track of.

Read more: http://www.mcclatchydc.com/2011/02/03/108067/hagan-burr-push-anew-to-help-camp.html##ixzz1CzRcO8xR

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

No Common-Law Marriages in Michigan

by Wendy Alton

A common question asked is “Does Michigan recognize common-law marriages?” The short answer is no. The long answer is a bit more interesting.

Common law marriage is the term for a “marriage” that exists solely by agreement and by cohabitation. More simply, a common-law marriage exists when two people agree to live together to be “married.” Common-law marriage is one of the fundamental rights that has existed in this country since the first settlers.

In 1838, Michigan passed a law that stated that “marriages may be solemnized by any justice of the peace in the county in which he is chosen, and they may be solemnized throughout the state by any minister of the gospel who has been ordained.” This was the first law enacted in Michigan in order to move away from the recognition of common-law marriage. The law was formalized in order to try to require either a justice of the peace or a minister to “solemnize” a marriage.

However, the law didn’t stick. In 1877, the United States Supreme Court heard the case of Meister v Moore. This was a case about the validity of a common-law marriage between William Mowry and his wife, Mary, the daughter of a Native-American named Pero. William Mowry had cohabitated with Mary for seven years, and then passed away. They had one daughter together, and if they were actually married under Michigan law, any property William owned would eventually pass to his daughter. If William wasn’t married under Michigan law, then any property he owned would pass to his mother.

The United States Supreme Court ruled that Michigan’s law of 1838 did not require that marriages be validated by a justice of a peace or a minister, but instead stated such solemnization (authorization) was discretionary: “marriages may be solemnized.” Thus, the common-law marriage of William & Mary was valid, and their daughter would eventually inherit any land that William owned.

It appears that Michigan did not address this issue again until January 1, 1957, when it changed its law to require that marriages must result only from a marriage license. After January 1, 1957, mere consent to be married or cohabitation would not be enough. A couple wanting to marry and have their marriage recognized by Michigan law would have to apply for and receive a marriage license. After the marriage license was issued, the marriage would then have to be authorized by a judge, a mayor, a court clerk or a minister.

However, Michigan will recognize a common-law marriage that was entered into before January 1, 1957, and will also recognize a common-law marriage that was formed in another state that recognizes such common-law marriages under their law. Presently, only Alabama, Colorado, Georgia, Idaho, Iowa, Kansas, Montana, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and the District of Columbia recognize common-law marriages.

Long story short, in Michigan, unless you have lived with someone with the agreement that you are married since December 31, 1956, Michigan will not acknowledge your common-law marriage. In order to be married, you must apply for a marriage license, and have your marriage solemnized or authorized by persons specified by Michigan law. This also means that in Michigan, in order to receive all the benefits that a spouse receives (health care, property, and inheritance); just living together is not enough.

If you are interested in learning more about divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

Fault Does Matter in a Divorce

by Wendy Alton

Scream 4 will be re-shooting some scenes in Northville in upcoming weeks. Two of the movie’s main stars, David Arquette and Courteney Cox, have had their names in the news for other reasons lately. They recently announced that they have separated after their 12 year marriage. After that announcement, David Arquette didn’t hesitate to openly discuss his marriage in the press, admitting that he himself had sex with a 28 year old bartender.

Infidelity has always been considered fault when it comes to divorce. But since Michigan is a no-fault divorce state, how much is fault really considered in Michigan?

This is actually one of the most frequent questions I hear as a divorce attorney in Michigan. It is true that Michigan is a no-fault divorce state. This means that you can file for divorce and get divorced without proving that your spouse is at fault for the divorce. Michigan became a no-fault divorce state in 1972, allowing couples to end their marriage without proving that the other spouse had committed adultery, cruelty, imprisonment or abandonment. Since the law changed in 1972, to get divorced you just have to indicate that there has been a breakdown in the marriage relationship, and your divorce can be granted.

However, that does not mean that fault is never considered in a divorce. And fault generally means more than just infidelity. It can also be based on domestic violence, drug or alcohol abuse, financial disaster (gambling, etc), or abandonment.

In Michigan, fault can affect three areas in divorce:
1) property division,
2) custody, and
3) spousal support (alimony).

When it comes to property division, Michigan law requires that any marital assets (assets earned or acquired during the marriage) are to generally be split equally, with each spouse taking 50% of the marital estate. However, if one spouse is at fault for the marriage, the court can award more property to the spouse who is not at fault, moving away from an equal split. However, the general rule of thumb is that fault cannot tip the scales too much, and at least one Court of Appeals case indicates a 60/40 split is too extreme.

When a court is asked to make a custody determination, the court looks at 12 factors that are considered to be the “best interests” of the children. One of those factors is the “moral fitness of the parties.” While this is only one factor out of 12, any issues of fault must be considered by the court if the court is to determine what parent should have custody of the children.

Finally, fault is considered by the court when it makes a decision about whether or not to award spousal support (alimony). The court must look at 11 factors in order to award spousal support, and one of those factors is the “past relations and conduct of the parties.” Again, it is merely one factor, but fault here can be considered to increase or decrease a spousal support award.

So the short answer to the question is yes, the courts do consider fault in divorce. The long answer to the question is yes, but it is merely one factor that the court considers, and it does not outweigh any other factor the court must consider.

If you are interested in learning more about divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

Reading your Spouse’s emails: Snooping or Hacking?

by Wendy Alton

In my experience as a Michigan divorce lawyer, I have seen countless instances where one suspecting spouse has read the other spouse’s emails, facebook entries, or text messages, discovering that their spouse was cheating on them. These emails or text messages have been brought into my office to prove the affair, and have sometimes been used as evidence in divorce cases.

That may all change this year. Oakland County Prosecutor Jessica Cooper has criminally charged Oakland county resident Leon Walker for doing just that, and the case is set to go to trial, ironically, on Valentine’s Day.

Leon Walker was the third husband of Clara Walker, and suspected that she was having an affair with her second husband. Leon Walker accessed Clara’s laptop (that he had purchased for her), and opened her Gmail account by using her password, which he asserts that she kept in a book by the computer. Her emails revealed that she was in fact having an affair with her second husband.

Leon Walker took those emails and gave them to Clara Walker’s first husband, because Clara Walker had previously told Leon Walker that her second husband had previously beat her in front of her son from her first marriage. Leon Walker then filed for Divorce, and Clara Walker’s first husband filed for custody of their son. Clara Walker turned those emails over to the Prosecutor.

Leon Walker was charged with violating Michigan law MCL 752.795, which states that a person cannot “intentionally and without authorization” access a computer, computer program, computer network, or computer system, to “acquire, alter, damage, delete, or destroy property.” The same law prohibits spam and viruses. Despite the fact that they were married at the time he accessed her email, and despite the fact that the computer was purchased by him and her password was not kept a secret, Prosecutor Jessica Cooper charged him with a felony that is normally reserved for serious hackers—and Leon Walker now faces a penalty of up to five years in prison.

Prosecutor Jessica Cooper has publicly defended her decision to prosecute Leon Walker despite the public outcry and support for Leon Walker. Lawmakers have indicated a concern that this law would be used to prosecute parents for reading their child’s emails, and have indicated that legislation will be introduced to clarify who should be targeted by the law. It appears that lawmakers and the majority of the public share the opinion that this particular hacking law should not be used against spouses.

Unfortunately despite what will happen on the Valentine’s Day trial, the mere fact that Leon Walker was charged under this law should make people cautious about accessing the email & facebook accounts of their spouses without permission, whether or not they are going through a divorce.

If you are interested in learning more about divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

Prenups: Not Just for Jessica Simpson

by Wendy Alton

Will Jessica Simpson insist on a prenuptial agreement (prenup) as she plans on marrying Eric Johnson? That seems to be the hot topic surrounding her life these days. Eva Longoria and Tony Parker had a prenup. George and Ann Lopez did not. Frank McCourt and his wife Jamie (owners of the Dodgers) apparently had two prenups and they each said different things. Why all the fuss about prenuptial agreements? What are they and why would we even consider one unless we were a celebrity?

Prenuptial agreements are agreements made between couples who are planning on getting married. Those agreements will state what happens with their money and property if they ever divorce or die. It can dictate how they will purchase things and how they will share debt. It can indicate whether or not spousal support or alimony will be awarded if they divorce.

Prenuptial agreements are very common when two people 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 common with people who are marrying for the 2nd or 3rd time, or for people who have businesses that they have started or have inherited through the family. They are far more common than they used to be.

For couples that are anticipating marriage, it is very important to at least consider whether or not to have a prenuptial agreement in place prior to getting married. This is particularly important if each person has their own property, investments, retirement and savings. If a couple decides on a prenuptial agreement, they must fully disclose to each other all of their property and debt and the value of each, and must agree to consult with an attorney prior to signing it. They are usually signed prior to the wedding.

And yes, they are drafted for people just like you and me, even if we aren’t as newsworthy as Jessica Simpson.

If you are interested in learning more about divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.