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.
Experienced and practical Michigan attorneys solving the problems of business owners, their families, and veterans... one case at a time.
Monday, February 28, 2011
Friday, February 25, 2011
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
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
Thursday, February 24, 2011
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.
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.
Friday, February 18, 2011
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.
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.
Thursday, February 17, 2011
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
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
Thursday, February 10, 2011
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.
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.
Wednesday, February 9, 2011
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
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
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