How Aquaculture can be a Positive for Michigan and the Great Lakes Region

Paul Bohn, Esq.

At the start of the month, a scientific advisory panel was commissioned by State agencies to revisit the issue of commercial net-pen aquaculture in the Great Lakes. This panel of environmental experts will objectively evaluate proposals to allow commercial net-pen aquaculture and present the results to the DNR, DEQ, and MDARD by October.

The hope of this panel is to understand what to expect if such aquaculture was to begin, as well as how to prevent or mitigate the negative impacts these fish-farms would have if we were to allow them in Michigan waters.

Net-pen aquaculture refers to the offshore floating enclosures used to cultivate large numbers of fish. Currently, it is only practiced in the Ontario waters of Lake Huron. It remains unpopular off the Michigan coasts because of the potential environmental impacts it could bring.

Personally, I support the allowance of net-pen agriculture in our waters, IF they are managed properly. The United Nations estimates that nearly ¼ of the protein in human diets comes from seafood, and 21% of the world consumption of seafood comes from aquaculture. With the expected global population increases, this provides a unique and profitable opportunity for our State. This new Michigan industry could bring much-needed capital to the state, create new jobs, and have various spin-off benefits.

Sounds good right? Only if these fisheries are properly maintained. If not, the unintended consequences could destroy the Great Lakes ecosystem and the surrounding economies. Previous studies on the net-pens of Ontario, poor management of the facilities led to elevated phosphorus levels, reduced water transparency, algal blooms, and dissolved oxygen depletion. All of which significantly endanger the sea-life in the Lakes and hurt industries that rely on the Great Lakes and its inhabitants.

Another problem is the potential of the farmed species escaping into the open waters. A recent study simulated a jail-break of Rainbow Trout in Lake Huron and monitored their survival rates. These domesticated fish were able to assimilate into the wild easier than expected. The introduction of a new population of fish could have a negative cascading effect in the ecosystem and result in the extinction of native species.

Even with these risks present, I believe they can be easily avoided with smart planning and management of the facilities. Examples include: assessing the carrying capacity of potential sites, adequate monitoring of the site, allocation of waste loading, and using highly digestible diets which are less polluting and contain less phosphorus.

Our State was blessed with a precious and abundant source of freshwater. We should take advantage of this opportunity to grow local industries, feed the growing population, and above all, utilize current technology to ensure the safety of our Great Lakes.

Follow this link to see a earlier report on the environmental impacts of Great Lakes Aquaculture: http://ijc.org/php/publications/html/aquaculture/index.html#foreword

MAT2 Program Connects Michigan Students with High-Paying Skilled-Trade Careers

At the firm’s most recent “Lansing to Local” event, Stephanie Comai, Director of the newly created Michigan Talent Investment Agency, spoke about an issue on the minds of many local businesses we work with: Expanding opportunities and training in skilled-trades and high-tech manufacturing in Michigan, especially for students and young people.

Our attorneys have also been involved in the Livonia Industrial Council, which is working to boost interest among local students and their parents in the skilled-trades and high-tech manufacturing jobs.

From the Livonia Industrial Council and Ms. Comai, we learned about a new effort that will benefit Michigan manufacturers: MAT2 – the Michigan Advanced Technician Training Program.

MAT2 addresses two critical issues facing the manufacturing and technology industries: (1) a widening skills gap, and (2) an aging workforce. This initiative functions similar to an apprenticeship program, where students alternate between classroom instruction and on-the-job training, gaining the necessary hands-on skills and real-world experiences for them to become a successful and productive member of the workforce.

If you are a business or a student interested in this program, you can learn more here: http://www.mitalent.org/mat2/

The program gives students the skills they need to succeed and enter into high-paying, long-term careers. And, it gives businesses a well-trained employee who is ready to hit the ground running from day one after leaving the training program.

While this program has achieved great success in just a few short years, we have found it is not as well-known among local businesses as it should be. Please share and help spread the word!

Fausone Bohn, LLP is a Northville, MI based law firm involved in several community organizations throughout Western Wayne County. We believe our business clients are better-served when our attorneys have a more complete understanding of the issues they face.  If you are a local business in need of legal consultation, don’t hesitate to contact us at (248) 468-4536 or online at www.fb-firm.com.

Senator Gary Peters to Meet with Local Residents & Businesses

The Livonia Chamber of Commerce will be hosting Michigan’s new Senator, Gary Peters, for a meet and greet with local residents and businesses next week.

Attendees will have the opportunity to hear from and meet with Senator Gary Peters on Monday, April 20 from 8:00 am to 9:30 am at the Italian American Banquet Center, located at 39200 Five Mile Rd. in Livonia.

The cost is $20 for Chamber members and $30 for others. If you are interested, check out the event registration page and sign up today: https://files.ctctcdn.com/3be7e289001/f5818582-1aaa-48b5-854e-1dcb3fca6754.pdf

You can contact the Livonia Chamber at 734-427-6055 to reserve your seats.

This will be a great opportunity to hear what issues Senator Peters has slated on his agenda for the upcoming session, in addition to hearing what Congress’s and the Senate’s agendas are for the next two years. 

World War II Veteran Laid to Rest in Michigan

The Year was 1944.  Robert McConachie was 17 years old and wanted to enlist and defend his country in World War II.  Because of his young age, his father, James McConachie, had to sign a waiver allowing him to join the armed forces.

His father acquiesced and Robert McConachie joined the United States Marine Corps.  He was killed in action in Okinawa on June 14, 1945, in the final months of the war.  He was just 18 years old when he gave his life for his country.  However, Pvt. McConachie’s remains went unidentified for nearly seventy years.

In 1987, Pvt. McConachie’s still unidentified remains were delivered to the Army’s Central Identification Lab in Hawaii.  Recent advancements in DNA testing, however, have helped the Pentagon link them to his brother.  This year, nearly seven decades after his death, Army analysts positively identified Pvt. McConachie’s remains using DNA analysis and dental records.

Pvt. McConachie made his final trip home to Michigan this year.  The Detroit native was buried on November 3 with full military honors at Fort Custer National Cemetery west of Battle Creek.  The fallen soldier’s family now has closure knowing that he has been laid to rest in his home state of Michigan.

On this Veterans Day, it is an important reminder to thank those who serve our country in the armed forces.  It is also a time to reflect on those, like Pvt. McConachie, who made the ultimate sacrifice so that we may continue to live in a free country.

If you are a veteran and need assistance with a disability benefits claim, contact the experts at Legal Help For Veterans.  You can reach us at 800/693.4800 or online at www.legalhelpforveterans.com. 

To learn more about Pvt. McConachie’s story, please visit: http://patch.com/michigan/wyandotte/world-war-ii-soldier-finally-laid-rest-0

Government Financial Help for Businesses

Keith Madden, Esq.

 

Businesses in Michigan that are relocating or making improvements to their buildings or property may be eligible to receive grant money or tax abatements from local governments.  Under a number of Michigan laws, including the Downtown Development Act and the Brownfield Redevelopment Act, many local governments offer grant funds for businesses to use to make improvements to their property.   In addition, other Michigan laws, like the Commercial Redevelopment Act and the Industrial Facilities Development Act, allow local governments to provide tax abatements to qualifying commercial and industrial businesses.

 

If your business is relocating, or if you are considering making improvements to the business' buildings and property, it is worthwhile to find out if there are local grants or tax abatements that may be available.  At Fausone Bohn LLP, we have extensive experience in applying these state laws, and working with the local governments who are authorized to make the grant and tax abatement decisions.  If you would like further information about these business grants and tax abatements, contact Keith Madden at (248) 380-0000.      

 

Michigan Chooses New System to Fight Statewide Fraud

Mark Mandell, Esq.

In order to help combat fraud, waste and abuse in the state’s unemployment insurance and food stamp programs, Michigan’s Enterprise Fraud Detection System has selected SAS Analytics as its program of choice. While unemployment insurance helps to provide a safety net for workers who have lost their jobs, it is easily abused. Just last year alone, $10.3 billion in fraudulent insurance payments were made across the country.

The use of the SAS Fraud Framework for Government allows state officials to not only detect where fraud occurs, but also to help uncover fraudulent claims before they are paid. The system will initially be used to fight fraud and abuse in Michigan’s unemployment insurance and food stamp programs. Over time, it will be integrated and used to spot fraud across all executive branch departments and programs as well.

Instead of simply measuring how much fraud occurs, the system will help experts to examine the different factors that caused the fraud to occur in the first place. The SAS Fraud Framework for Government is specifically tailored to help governmental agencies in multiple ways: from detecting suspicious patterns in social programs, to uncovering tax evasion and even identifying sophisticated fraud rings.

Greg Henderson, Government Practice Lead for SAS Fraud and Financial Crimes Global Practice calls Michigan “a national leader in the fight against fraud.” By utilizing SAS, Henderson says, “it supports Gov. Snyder’s commitment to curtail fraud, waste and abuse, and to get assistance to the people who truly need it.”

The new system will bring transparency to both the unemployment and food stamp programs, helping Michigan to deliver benefits and services to those in need while avoiding costly, fraudulent pay-outs.

To learn more and read the original article, please visit: http://gcn.com/articles/2013/03/05/michigan-analytics-stop-fraud-waste-abuse.aspx

If you have questions about health care fraud or other legal issues, please contact Mark Mandell or Tariq Hafeez at 248.380.0000 or online at www.MichiganFraudLawyer.com.

Veteran Jobs in Energy Sector

Jim Fausone
Veteran Advocate

New program for veterans…Alpena Community College, Schoolcraft Community College have partnered with DTE Energy, Local 223 of the Utility Workers Union of America, Consumers Energy, the Center  for Energy Workforce Development and the Michigan Workforce Intelligence Network to help veterans retrain in a new Natural Gas Boot Camp, a seven-week pilot program that’s preparing Michigan veterans for jobs as maintenance fitter apprentices. For an article on this program, please go to http://www.sacbee.com/2012/11/12/4979288/dte-energy-helps-create-natural.html

 

Your Durable Power of Attorney May Not be Valid for Long

Wendy Alton

On May 23, 2012, the Governor of Michigan signed a new law pertaining to Durable Powers of Attorney.  The new law, Public Act 141 of 2012, lists new requirements for Durable Powers of Attorney, which become effective for all Durable Powers of Attorney signed after September 30, 2012.

A Durable Power of Attorney is a legal document that designates an agent who can act on your behalf for all of your financial transactions.  Most of the time Durable Powers of Attorney are effective only upon someone’s disability.

The new law requires that two witnesses sign the Durable Power of Attorney, or that it is notarized, or both.  Further, the Durable Power of Attorney is now not effective unless the designated agent signs an acceptance of designation that sets forth all of their duties.  This is the most significant change in the law.

While the law is only prospective and has no legal effect on Durable Powers of Attorney signed before October 1, 2012, it is highly probable that the banks will begin to refuse to honor any Durable Powers of Attorney that do not comply with the new requirements.  It is a good idea to have an attorney look at your Durable Power of Attorney or revise it to comply with the new law, thus eliminating any potential problem in the future.

You can read the new law here: 

http://www.legislature.mi.gov/documents/2011-2012/publicact/pdf/2012-PA-0141.pdf

If you are interested in learning more about powers of attorney, estate planning, probate, family law or divorce, or have a question about those issues, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

Paternity is Redefined in Michigan

Wendy Alton, Esq.

Paternity in Michigan has been completely redefined. The law in Michigan since 1956 has presumed that a child born in a marriage was the product of that marriage. This presumption existed even if the husband was not the biological father, and that fact could be proven.

As of June 12, 2012, pursuant to a new law signed in by the Governor of Michigan, paternity can now be established by the biological father even if the child was born in a marriage. This new law grants biological fathers rights over presumed fathers (men presumed to be the father because the child was born during the marriage.

However, very specific circumstances have to exist in order for paternity to be established, and there are extensive requirements in place with the new law. The primary circumstance that must exist is that paternity must be sought within 3 years of a child’s birth, or within 1 year of the entry of an Order of Filiation (paternity), whichever is later. This is merely one requirement, and the remaining requirements are too numerous to list here.

There is also a provision in the law allowing paternity actions under the new act even if the 3 year requirement isn’t met, provided they are filed within 1 year of enactment of the new law, again, under specific circumstances.

You can read the new law here:                                               http://www.legislature.mi.gov/documents/2011-2012/publicact/pdf/2012-PA-0159.pdf

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

Reading Your Spouse's Email Could be a Crime

By Wendy Alton

If you haven’t been following the Oakland County, Michigan criminal case against Leon Walker, now is the time to do it.

I previously blogged about the criminal charges pending against Leon Walker: Reading your spouse’s emails: snooping or hacking? (http://tiny.cc/kmm4y). Leon Walker and his wife Clara Walker were living together, but going through a divorce. Leon Walker logged into Clara Walker’s Gmail account on her computer by guessing her password. While logged in, Leon Walker printed a number of emails between Clara Walker and a friend, and theses emails revealed that Clara Walker was having an affair with her second ex-husband. Leon Walker, her soon to be third ex-husband, printed these emails off and gave them to Clara Walker’s first ex-husband, who used the emails as a basis to file an emergency motion for custody of their child.

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 always 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.

Leon Walker appealed his charges to the Michigan Court of Appeals. On December 27, 2011, the Michigan Court of Appeals released its opinion, and upheld the charges against Leon Walker.

The Michigan Court of Appeals determined the following:

1) Leon Walker intentionally accessed the account by guessing her password, and his intention was also revealed by him printing emails and distributing them to a third party;
2) Leon Walker accessed the account without authorization because Clara Walker testified that she never shared her password with him, and he didn’t even use her computer;
3) By accessing Clara Walker’s Gmail account, Leon Walker did access a computer (Gmail email is stored on Gmail servers), did access a computer network (Gmail emails are sent to the user over the internet), did access a computer program (Gmail itself is a program), and did access a computer system (Gmail servers act as a computer system;
4) Leon Walker acquired the emails by viewing, printing and distributing them, which is essentially acquiring property of someone else.

The Michigan Court of Appeals ruled that the criminal charges against Leon Walker should stand, as his actions satisfy the elements of the criminal statute. The case is now sent back to Oakland County so that a trial date can be set. It is unknown if Leon Walker will appeal to the Michigan Supreme Court, and even if he does, even more unknown if the Michigan Supreme Court will hear the case.

What are the practical consequences of this case and this Michigan Court of Appeals ruling? Your email is absolutely private unless you share your password with someone else or authorize them to check your email. If you do not share your password or permit someone access, it is a crime for them to access your account without your permission. This is equally true for strangers as well as for spouses—there is no spousal exception.

If you are going through a divorce, it is best to leave your spouse’s email and facebook accounts alone. The Michigan Court of Appeals has made it very clear that unless permission is given, it is a crime. Oakland County has made it very clear that it will prosecute. It is likely that other counties will follow their lead.

Read the Michigan Court of Appeals case here: http://coa.courts.mi.gov/documents/opinions/final/coa/20111227_c304593_54_304593.opn.pdf.

Read the news articles here:

“E-mail snooper loses appellate bid” http://tiny.cc/ruy7u.

“Michigan man may face trial in computer hacking case” http://tiny.cc/jvlcr.

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

Is Annulment an Option?

by Wendy Alton

So Kim Kardashian files for divorce, and her husband Kris Humphries files instead for an annulment, listing fraud as the grounds for his request. Does he have a chance at succeeding, and what exactly is an annulment?

In the state of Michigan, you can end your marriage by filing for one of three things: divorce, separate maintenance (legal separation), or annulment. An annulment is only granted if the marriage itself was void from the beginning or the marriage is voidable.

A void marriage in Michigan is a marriage that could not have taken place legally from the beginning. What this means is that there was consanguinity, affinity, bigamy, minority, incapacity or incompetency. In simple, plain English, this means the following:

· Consanguinity: you married a blood relative prohibited by law.
· Affinity: you married a blood relative of your spouse prohibited by law.
· Bigamy: you married someone who was already married.
· Minority: you or your spouse is under the age of 16, or between 16 and 18 and you didn’t get a parent’s consent.
· Incapacity & Incompetency: you or your spouse has a mental illness or is mentally incompetent to the degree that you or your spouse cannot enter into a contract.

Marriages that are void as a matter of law (examples above) can be ended with an annulment.

Voidable marriages in Michigan mean marriages that can be voided for fraud, duress, sterility and impotence. Sterility and impotence must be incurable. In order to have your marriage annulled for these reasons, you must file for an annulment within two years of the marriage. Examples of fraud and duress are as follows:
· You marry someone to obtain a green card (for immigration purposes only).
· A person is induced to marry because they are told that a child is biologically theirs, and this turns out not to be true.
· You marry under the influence of drugs or alcohol.
· You marry someone who is barren or sterile and they do not tell you.
· You marry because you are threatened. (duress)

The grounds for a voidable marriage must be proven with clear and convincing evidence in order to obtain an annulment.

There are, however, defenses to annulment. This is particularly so if the spouse finds out about any of the reasons above and still lives with the other person even after finding out. Cohabitation is a defense, and can overcome any request for an annulment based upon voidable grounds.

Whether or not Kris Humphries will succeed with an annulment remains to be seen. Fraud can be difficult to prove, and it is something he has to prove with clear and convincing evidence. Just the fact that the marriage was short-lived is not a basis in and of itself to seek an annulment. In any case, it should prove interesting to see if the annulment moves forward or if the court determines that there is no basis, and will only grant a divorce.

Read the USA Today article here: Kris Humphries files to annul on grounds of fraud.

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

Should the State be Allowed to Place Obese Children in Foster Care?

By Wendy Alton

In Michigan, the state has the power to remove children from their parents’ home if there has been abuse or neglect, and the child is unsafe. There are rigorous laws and regulations to be followed, but the ultimate goal is to protect the child.

An interesting definition of neglect was just used by the state of Ohio to remove an 8 year old from his home. A 3rd grade boy in Cleveland was removed from his parents’ home and placed in foster care for what the county termed “medical neglect.” However, what constituted “medical neglect” was actually obesity.

The 8 year old boy weighs more than 200 pounds. The county agency indicated that they had been working with the mother for the last 20 months in order to get his weight down. The mother’s failure to control his weight is what the county considered medical neglect, and the court agreed. The boy was removed from his mother’s home and placed in foster care.

While details of the weight struggle are missing from the news coverage, it does appear that the boy did not suffer from any significant medical conditions. He was diagnosed last year with sleep apnea, which is when the county became involved. Other than that, there appears to be no evidence of any other medical conditions. In Michigan, a child is not removed from their parents’ home unless there is evidence of neglect or abuse and the child is not safe. Is an obese child not safe if there are no other medical conditions?

With obesity being a nationwide problem, it raises some interesting questions.

Read the ABC News article here: Ohio puts 200-pound third-grader in foster care.

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

No Privacy on Facebook if Judge Orders you to Turn over your Password

By Wendy Alton

I have published blog articles in the past recommending that divorcing couples completely shut down their facebook page while they are going through a divorce. In the alternative, I have recommended that at least you set your privacy settings as high as possible so that any information you post cannot be viewed publicly. However, after the recent ruling from a Connecticut family law judge, I think I may go back to my first advice—shut it down. And not just facebook—everything online.

In Connecticut, a husband in a divorce case viewed some information on his wife’s facebook page that he thought would assist him in his custody battle. During his wife’s deposition, the husband’s attorney asked the wife for her passwords. She refused, but then turned them over on the advice of her attorney. (maybe not such a great idea).

But then she had second thoughts. She immediately texted a friend and had her friend log in and delete some things and change her password. Of course this was noticed by the husband and his attorney, who then brought the issue before the Judge.

What did the Judge rule? The judge ruled that the attorneys had to exchange the client’s passwords so that they could each log into each other’s accounts to do their own digging. Really.

This is a drastic move away from normal discovery. In normal discovery (the information gathering part of a lawsuit), one person asks for information (documents, answers, etc), and the other person gives it over. You ask for emails, or contact lists, not passwords so that you can just freely roam in someone’s account. It is highly unusual to ask for, and even more unusual to receive, someone’s log-in for their email, facebook, myspace, google+, etc…

If people themselves have a hard time keeping up with the social media explosion, one can only imagine the difficulty that the courts have in deciding issues like this. These are uncharted waters, and unfortunately this is a precedent that has been set that is likely a step in the wrong direction.

Again, if you are going through a divorce, it is best to shut down all of your social media. Don’t let anything you say or do online become a part of your divorce trial. It is a simple and safe step to limiting your battles, and perhaps possibly winning the war.

Read the Forbes article here: Judge Orders Divorcing Couple to Swap Facebook and Dating Site Passwords.

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

Pre-Nuptial Agreement is Protection for More than Just a Business

by Wendy Alton

Forbes published an article this week titled “Protecting Your Business In a Divorce: Pre-Nuptial Agreement.” It is an excellent article, and a reminder that prenuptial agreements are useful for protecting more than just a business.

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.

Prenuptial agreements can be useful even when there are not business interests at stake.

Read the Forbes article here: Protecting Your Business in a Divorce: Pre-Nuptial Agreement.

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

Take “All my Loving” (and my Money too)

by Wendy Alton

Paul McCartney is marrying for the third time—this time to Nancy Shevell. Apparently they have known each other for 20 years, and she has independent wealth of her own. Perhaps this is the reason they have announced they are not going to sign any prenuptial agreements. The media has reported that Nancy has signed a one-page document stating that she won’t pursue any of the trust fund money going to Paul’s children. Other than that, no prenuptial agreement. Good or bad?

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 don’t have royalties from Beatles’ songs at stake.

Read the ABC news story here: Paul McCartney Engaged to Nancy Shevell: Third Time Charmed?

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

The iPhone Divorce App: Will it Make Divorce Lawyers Extinct?

by Wendy Alton

There is no doubt that the iPhone offers significant advantages to cell phone users with the hundreds, if not thousands, of apps (applications) that you can download and use. You can use your iPhone to read on the (free) Kindle, rent movies, check local gas prices, plan your workouts and download coupons, just to name a few. You can truly personalize your phone to your own life. Now, it appears you can also download apps to help you through your divorce.

A Dallas Texas family law attorney created 2 divorce apps for the iPhone: one that focuses on the cost and preparation for a divorce, and the other for splitting assets. You can review these apps here: DivorceApps.com.

You can also download another divorce app called the “Divorce Encyclopedia,” which can be found here: 3stepdivorce.com.

Without looking at the apps themselves it is difficult to tell how effective or educational they may be. I typically advise my clients to read anything online with skepticism, because only a Michigan family law attorney truly understands how the court will handle your divorce issues. That being said, there are valuable websites that offer a wealth of credible information. Perhaps apps will do that as well.

So, are the apps worth it? I don’t know—I have a Droid phone. I guess I’ll have to buy an iPhone to know for sure!

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

Parenting Time: Are Courts Biased?

by Wendy Alton

Parenting time is the legal term used in divorce for the specific schedule that each parent has with their children. Two recent studies conducted by Arizona State University raise some questions about whether the family courts are biased in their awards of parenting time.

I blogged last week about the parenting time schedule that the Wayne County Circuit (Family) Court recently implemented. Effective this year, parents that have a judgment or order that specifies “reasonable parenting time” will be bound by the court’s schedule, found here: Wayne County Circuit Court Co-Parenting Plan. Interestingly, the Co-Parenting Plan establishes parenting time plans time based upon the child’s age. Even a brief review of the Co-Parenting Plan reveals that in no way does it provide for equal time for both parents. The Co-Parenting Plan provides the non-custodial parent (usually dad) overnights on an every-other weekend basis, with one overnight each week.

However, the studies conducted and summarized here, Public Support Rising for Joint Custody, reveal that there is an incredible growing public support for equal time for both parents. Equal time was preferred in these studies even in high-conflict situations. The participants of the study made mock decisions as a judge in custody disputes, and overwhelmingly granted equal time to the mother and father. The studies reveal that the public believes that courts favor mom, and that the courts should instead be giving equal time with the children to both mom and dad.

The law in Michigan regarding parenting time states that “It is presumed to be in the best interests of a child for the child to have a strong relationship with both of his or her parents… parenting time shall be granted to a parent in a frequency, duration, and type reasonably calculated to promote a strong relationship.” MCL 722.27a. Many believe that this goes hand-in-hand with giving mom and dad equal time with the children. Many believe that the enforcement of cookie-cutter parenting time guidelines or even the Wayne County Co-Parenting Plan does not promote a strong relationship between the parents and their children.

It will be interesting to see how the courts respond to the growing public demand for equal parenting time, especially in light of recent parenting time guidelines that generally favor mom.

Lesson to learn? If you are going through a divorce and you are unsatisfied with the court’s parenting time plan, make sure that you or your attorney negotiate the specific time that you want time with your children. Agree on a schedule that works for the best of your own family.

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

Detroit Divorce TV

by Wendy Alton

The Michigan Film Office has just approved film incentives for a pilot courtroom reality TV show: “Domestic Justice.” The TV show is described as an “explosive new judicial reality show” where “real life drama meets common sense justice.” The episodes will involve domestic disputes involving custody and parenting time, but also bullying and harassment. The justice will be administered by Wayne County Circuit Court Judge Vonda Evans.

So is this going to be another Judge Judy show? A close look at the TV show’s website may provide an answer to this: Domestic Justice. It appears that the unique twist of Domestic Justice is that it will employ short-term and long-term counseling and therapy supervision for the participants, and appears that the focus of the “justice” will be on finding resolutions that integrate on-going counseling for everyone involved. The goal is also to provide follow-up segments to track the progress of the people involved in the dispute.

Do you have an issue that you want to submit for “common sense justice?” If so, the website Domestic Justice provides you with a list of questions to answer, and if your issue is relevant to the show, a submission form for you to fill out.

Keep posted for more details—and read more on MLive’s website: Michigan Film Office approves Detroit-filmed judge show for incentives.

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

Removing the “Sheen” from Celebrity Divorce

by Wendy Alton

Sorry, Charlie. As if Charlie Sheen hasn’t had enough “winning” media coverage—he received even more as his divorce with Brooke Mueller was finalized this week. The media has focused solely on money (big surprise), so all news stories have only discussed the amount of the property settlement and monthly child support award.

However, TMZ posted the actual divorce judgment online here: In Re Marriage of Sheen. There are some interesting things to note in that Judgment other than just how much money was awarded.

First, despite the fact that Charlie and Brooke are celebrities, the custody, parenting time and child support provisions of their Judgment look pretty similar to the provisions that are in most “average Joe” divorce judgments, including those that I have drafted. For example, Charlie and Brooke share legal custody of their 2 year old boys, Bob & Max. While Brooke has sole physical custody, the parenting time is pretty equally shared. Brooke and Charlie share all holidays and have equal vacation time with the kids. They also agreed to allow the other to take the kids out of state without advance written permission from each other. Charlie must provide health insurance for the boys, and Brooke and Charlie agree to equally share the cost of any of the kids’ extra-curricular activities. Brooke and Charlie also agree that neither can make unilateral decisions about where the boys attend school, but if private school is chosen, Charlie will pay the tuition. Those are pretty “normal” provisions in any divorce.

One of the more interesting and unique provisions in the Judgment involves child support. Brooke was awarded $55,000 per month (yes, per month) for child support for the boys. The Judgment goes on to state that Brooke’s child support shall never be less than the child support that Charlie Sheen pays to his other ex-wife, Denise Richards. The Judgment continues, stating that Charlie and Brooke both recognize that Denise has more assets and earning capacity then Brooke, and that Denise’s children have trust funds, while Brooke’s children do not. Thus, the absolute minimum child support that Brooke will receive will never be less than child support paid to Denise. This is a pretty interesting provision because it provides a base child support number without consideration of income or parenting time. This would be a difficult provision to enforce in Michigan.

What else is noteworthy in this Judgment? Well, Brooke signed a prenup or “Premarital Agreement” on May 27, 2008, before she married Charlie. The Divorce Judgment abides by this prenup, which means that Brooke receives zero spousal support. Yes, Brooke waived her right to alimony now and forever. While that may be surprising in this divorce to waive alimony, it is pretty common in most divorces.

Anything else stick out? Brooke agrees to never talk to the media about Charlie’s alleged sexual affairs and alleged drug use, and Charlie agrees never to talk to the media about Brooke’s alleged drug use. Interesting.

By taking a closer look at Charlie and Brooke’s Divorce Judgment, one can easily see that despite their celebrity status, Charlie and Brooke’s issues are resolved in a pretty standard way.

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.

Honoring Michigan Mothers

by Wendy Alton

"I’ll be a wife and mother first, then First Lady.” ~Jackie Kennedy

Mother’s Day is this Sunday, and it is fitting to take a moment to honor some Michigan mothers who were not only role models for their own children, but pioneers in their field. Because I am a lawyer, I am obviously drawn to Michigan mothers who were pioneers in the field of law.

Martha Strickland Clark (1853-1935). Martha was a single mother when she began law school at the University of Michigan Law School in 1882. In 1887 she became the first woman lawyer in Detroit. She was also the first woman to argue a case before the Michigan Supreme Court, and argued that a woman could divorce a husband who was abusing her. She was back in front of the Michigan Supreme Court in 1890 arguing that a woman could hold the office of deputy county clerk. She won both cases.

Rachel Andresen (1907-1988). At the age of 28, Rachel was widowed, left to raise three children on her own. Perhaps this was why she focused on children, founding Youth for Understanding, an international exchange program for high school students. Youth for Understanding still exists today, and provides opportunities for thousands of high school students. For her pioneering work and founding of Youth for Understanding, Rachel was nominated for the Nobel Peace Prize in 1973.

Anne R. Davidow (1898-1991). Anne was actually denied admittance to the Detroit College of Law because she was a woman. So she attended another law school. She married and had two children, and became famous for a case she argued in front of the United States Supreme Court in 1948, Goesaert v Cleary. In that case, she argued against a law in Michigan that did not allow women to tend bar unless their fathers or husbands owned the bar. While Anne lost the case, the law was actually repealed, and the case of Goesaert v Cleary is taught in law schools around the country.

Cornelia Groefsema Kennedy (1923 - ). Cornelia Kennedy was the second woman to serve as Judge in Wayne County Circuit Court and the first Michigan woman to be appointed to the federal bench by President Nixon in 1970. She was then appointed by President Carter to the United States Court of Appeals for the Sixth Circuit. I have a special place in my heart for Justice Kennedy. When I had just passed the Michigan Bar, Justice Kennedy administered my oath to the federal bench, and swore me in as an attorney to the United States District Court, Eastern District of Michigan. I also had the privilege of working for her son, Charles Kennedy, also a lawyer.

I couldn’t close this without thanking my own mother, Dorothy Sluka, for her constant love and support, for without that, I wouldn’t have the inspiration to be both a mother and lawyer today.

“All mothers are working mothers.” (author unknown). Take a moment this Sunday to thank those mothers who have made a difference in your life.

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