by Wendy Alton
A recent Detroit Free Press article and ABC News article discussed the case of a Western Michigan dad of 23 kids who was sentenced to jail for owing over $500,000 in child support.
First, this case is obviously unique, as he has fathered over 20 children. It is also unique because of the excessive amount of overdue child support. However, prison sentences are not as uncommon as you may think.
In Michigan, child support obligations are enforced by not only the courts, but also the local prosecutors and even the attorney general’s office. For non-payment of child support, the Friend of the Court can garnish your tax refunds, suspend your drivers license, file a lien against your property, report the debt to credit agencies, garnish a private pension or retirement, and issue a bench warrant for your arrest. Additionally, in cases where the amount of support owing is excessive, the Friend of the Court can refer the case to the local prosecutor for felony charges. Felony non-support cases can result in jail sentences, as evidenced by the results of the case involving the deadbeat dad with 23 kids.
What people don’t always realize is that child support is modifiable in Michigan. The Friend of the Court will conduct an automatic review of child support every 36 months. However, if there is a substantial change in income, a parent can file a request for modification and have it reviewed, even if it hasn’t been 36 months.
The lesson is clear—if there is a substantial change in income, it is important to request modification of child support. If the person paying child support becomes delinquent, the penalties can be excessive and extreme, and, in some cases, avoidable.
You can read the Detroit Free Press article here: Man linked to 23 kids gets prison in child support case
You can read the ABC News article here: Ultra Deadbeat Dad gets 23 Months in Jail
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.
Experienced and practical Michigan attorneys solving the problems of business owners, their families, and veterans... one case at a time.
Thursday, September 30, 2010
Wednesday, September 29, 2010
VA to Review 17,000 “Brown Water” Cases
by Kristina Derro
The VA has recently agreed to review the cases of nearly 17,000 “Brown Water” Vietnam Era veterans who have claimed disabilities related to Agent Orange exposure. VA previously denied a number of these claims without properly determining whether they served in Vietnam’s inland waterways (“Brown Water”) or in other locations where they would have been exposed to Agent Orange and other herbicides.
Many of these claims were held by VA while litigation was ongoing concerning “Blue Water” veterans and their exposure to herbicides, and were later denied. A review of these claims found that many of the so-called “Blue Water” veterans actually served in “Brown Water” or inland waters of Vietnam, and should have received the same presumptions of service-connection as those veterans who had “boots on the ground” in Vietnam. Unfortunately, their claims were denied by VA without looking up proper documentation to prove whether they actually served in “Brown Water”.
This recent agreement by VA allows certain veterans who were previously considered “Blue Water” veterans to have their claims reevaluated for evidence of “Brown Water” service, or evidence of service in other locations where VA acknowledges that herbicides may have been used. Visit http://veterans.senate.gov/press-releases.cfm?action=release.display&release_id=4acabc2b-f423-4543-ab3c-e38cece413fc to view the press release and for more information. Links are provided on the press release of a list of ships that have been identified by VA as having traveled in inland waters of Vietnam.
The VA has recently agreed to review the cases of nearly 17,000 “Brown Water” Vietnam Era veterans who have claimed disabilities related to Agent Orange exposure. VA previously denied a number of these claims without properly determining whether they served in Vietnam’s inland waterways (“Brown Water”) or in other locations where they would have been exposed to Agent Orange and other herbicides.
Many of these claims were held by VA while litigation was ongoing concerning “Blue Water” veterans and their exposure to herbicides, and were later denied. A review of these claims found that many of the so-called “Blue Water” veterans actually served in “Brown Water” or inland waters of Vietnam, and should have received the same presumptions of service-connection as those veterans who had “boots on the ground” in Vietnam. Unfortunately, their claims were denied by VA without looking up proper documentation to prove whether they actually served in “Brown Water”.
This recent agreement by VA allows certain veterans who were previously considered “Blue Water” veterans to have their claims reevaluated for evidence of “Brown Water” service, or evidence of service in other locations where VA acknowledges that herbicides may have been used. Visit http://veterans.senate.gov/press-releases.cfm?action=release.display&release_id=4acabc2b-f423-4543-ab3c-e38cece413fc to view the press release and for more information. Links are provided on the press release of a list of ships that have been identified by VA as having traveled in inland waters of Vietnam.
Post 9/11 Stop-Loss Bonus
by Jim Fausone
Time is running out to apply for retroactive bonus pay for 145,000 military personnel who were forced to remain on duty beyond their original discharge date, following the September 11th attacks. Congress has approved back pay of $500 for each month of involuntary service; the average lump-sum due is between $3,500 and $3,800. Applications must be submitted by October 21, 2010. The DoD is still trying to track down about 90,000 veterans. I suspect a large number of the missing veterans are National Guard and Reserve troops. You can submit your application online at www.defense.gov/stoploss. If you have a relative or friend that maybe eligible for this payment, please pass the information along.
Time is running out to apply for retroactive bonus pay for 145,000 military personnel who were forced to remain on duty beyond their original discharge date, following the September 11th attacks. Congress has approved back pay of $500 for each month of involuntary service; the average lump-sum due is between $3,500 and $3,800. Applications must be submitted by October 21, 2010. The DoD is still trying to track down about 90,000 veterans. I suspect a large number of the missing veterans are National Guard and Reserve troops. You can submit your application online at www.defense.gov/stoploss. If you have a relative or friend that maybe eligible for this payment, please pass the information along.
Tuesday, September 28, 2010
Attorneys Cost Plaintiff an $11 Million Judgment
by Kristina Derro
A typo recently cost a plaintiff an $11 million judgment. An NFL cheerleader thought she was suing TheDirty.com, after comments on the website suggested that she had an affair with a player and contracted two sexually transmitted diseases. However, a clerical error by her attorneys in the complaint named the offending website as TheDirt.com, a completely different gossip website.
A U.S. District Court judge ordered TheDirt.com (the wrong website) to pay $1 million in compensatory damages and $10 million in punitive damages for failing to respond to the lawsuit. However, as it appears that the complaint named the wrong defendant, the judgment may be overturned.
Instances like this shed light on the importance of good attorneys—not only ones that know the law and are experienced litigators, but ones who pay great attention to detail.
A typo recently cost a plaintiff an $11 million judgment. An NFL cheerleader thought she was suing TheDirty.com, after comments on the website suggested that she had an affair with a player and contracted two sexually transmitted diseases. However, a clerical error by her attorneys in the complaint named the offending website as TheDirt.com, a completely different gossip website.
A U.S. District Court judge ordered TheDirt.com (the wrong website) to pay $1 million in compensatory damages and $10 million in punitive damages for failing to respond to the lawsuit. However, as it appears that the complaint named the wrong defendant, the judgment may be overturned.
Instances like this shed light on the importance of good attorneys—not only ones that know the law and are experienced litigators, but ones who pay great attention to detail.
Monday, September 27, 2010
Divorce Mediation or Trial or Both?
by Wendy Alton
The divorce trial of Dodgers’ owner Frank McCourt & his wife Jamie has taken a brief pause so that the couple and their attorneys can go through Mediation today in order to try to resolve and settle their divorce.
What exactly is Mediation?
Mediation in divorce cases is a private session between the couple, their lawyers, and a neutral Mediator, usually a lawyer who has been trained in Mediation, where they freely and openly discuss settlement of all or some of the issues in the divorce. In Michigan, everything that happens in Mediation is confidential, and offers and counter-offers exchanged in Mediation cannot be used in the Divorce trial or further proceedings. The Mediator’s role is to encourage the couple to work out their differences and come to a mutual resolution of all issues. If an agreement is reached, it is reduced to a final writing, a Divorce Judgment, and entered by the Court, thus ending the divorce.
Many divorce cases resolve in Mediation, and it is by far a less expensive alternative than a divorce trial. However, even in the middle of trial, like the McCourt’s trial, Mediation is also a tool to try to resolve issues that remain outstanding and disputed.
You can read the LA Times article here: Frank McCourt attorney's admission sets the stage for a possible settlement
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.
The divorce trial of Dodgers’ owner Frank McCourt & his wife Jamie has taken a brief pause so that the couple and their attorneys can go through Mediation today in order to try to resolve and settle their divorce.
What exactly is Mediation?
Mediation in divorce cases is a private session between the couple, their lawyers, and a neutral Mediator, usually a lawyer who has been trained in Mediation, where they freely and openly discuss settlement of all or some of the issues in the divorce. In Michigan, everything that happens in Mediation is confidential, and offers and counter-offers exchanged in Mediation cannot be used in the Divorce trial or further proceedings. The Mediator’s role is to encourage the couple to work out their differences and come to a mutual resolution of all issues. If an agreement is reached, it is reduced to a final writing, a Divorce Judgment, and entered by the Court, thus ending the divorce.
Many divorce cases resolve in Mediation, and it is by far a less expensive alternative than a divorce trial. However, even in the middle of trial, like the McCourt’s trial, Mediation is also a tool to try to resolve issues that remain outstanding and disputed.
You can read the LA Times article here: Frank McCourt attorney's admission sets the stage for a possible settlement
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.
Thursday, September 23, 2010
TBI = Purple Heart
by Jim Fausone
There has been some confusion on whether a veteran with a Traumatic Brain Injury is entitled to a Purple Heart. In a sign of confusion over the issue, the Pentagon's chief spokesman said last week that soldiers with concussions were not eligible for the Purple Heart. DOD then took the position that "While not every service member exposed to IED blasts will suffer the lasting consequences associated with TBI, every service member who is exposed to an enemy generated explosion and receives medical attention should receive the Purple Heart". It is reported that some Army commanders and medical officials were not award the Purple Heart for concussions. Read more about the problem below:
http://www.propublica.org/article/congresswoman-calls-for-review-of-purple-heart-decisions
There has been some confusion on whether a veteran with a Traumatic Brain Injury is entitled to a Purple Heart. In a sign of confusion over the issue, the Pentagon's chief spokesman said last week that soldiers with concussions were not eligible for the Purple Heart. DOD then took the position that "While not every service member exposed to IED blasts will suffer the lasting consequences associated with TBI, every service member who is exposed to an enemy generated explosion and receives medical attention should receive the Purple Heart". It is reported that some Army commanders and medical officials were not award the Purple Heart for concussions. Read more about the problem below:
http://www.propublica.org/article/congresswoman-calls-for-review-of-purple-heart-decisions
Tuesday, September 21, 2010
Service Member Life Insurance
by Jim Fausone
SGLI is a VA program that provides low cost group life insurance to members of the Military and Uniformed Services, including commissioned officers of the Public Health Service and the National Oceanic and Atmospheric Administration, cadets and midshipmen of the service academies. Members are automatically insured under Servicemembers Group Life Insurance (SGLI) for the maximum amount of $400,000 unless an election is filed reducing the insurance by $50,000 increments or canceling it entirely.
In addition the SGLI coverage now includes Traumatic Injury Protection. This coverage provides service members protection against loss due to traumatic injuries and is designed to provide financial assistance to members so their loved ones can be with them during their recovery from their injuries. The coverage ranges from $25,000 to $100,000 depending on the nature of the injury.
Make sure if you are entitled to the insurance you demand the lump sum payment. It is best for you to manage the money rather than let VA or its insurer Prudential handle your money.
http://www.military.com/benefits/survivor-benefits/servicemembers-group-life-insurance
SGLI is a VA program that provides low cost group life insurance to members of the Military and Uniformed Services, including commissioned officers of the Public Health Service and the National Oceanic and Atmospheric Administration, cadets and midshipmen of the service academies. Members are automatically insured under Servicemembers Group Life Insurance (SGLI) for the maximum amount of $400,000 unless an election is filed reducing the insurance by $50,000 increments or canceling it entirely.
In addition the SGLI coverage now includes Traumatic Injury Protection. This coverage provides service members protection against loss due to traumatic injuries and is designed to provide financial assistance to members so their loved ones can be with them during their recovery from their injuries. The coverage ranges from $25,000 to $100,000 depending on the nature of the injury.
Make sure if you are entitled to the insurance you demand the lump sum payment. It is best for you to manage the money rather than let VA or its insurer Prudential handle your money.
http://www.military.com/benefits/survivor-benefits/servicemembers-group-life-insurance
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