on the record

Reading your Spouse's Email Could be a Crime

2011-12-29T10:57:00.000-05:00

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? 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:

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;
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;
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;
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:

People v Leon Jermane Walker.

Read the news articles here:

“E-mail snooper loses appellate bid”

“Michigan man may face trial in computer hacking case"

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?

2011-12-08T17:27:00.000-05:00

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? What exactly is an annulment?

In 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. Legally speaking, this means 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 or 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 emigration 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. (meaning, really really drunk or high, and not your typical Vegas defense).
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?

2011-12-01T13:41:00.000-05:00

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.

Divorce Judge Orders Exchange of Facebook Passwords

2011-11-16T09:24:00.000-05:00

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.

Prenuptial Agreement is Protection for More than just a Business

2011-11-11T14:07:00.000-05:00

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 second or third 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.

Lesson: 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.

be the change you want to see in this world

2011-05-23T08:46:00.000-04:00

What keeps you motivated in your life, your work, your day? If you hit a brick wall, what can you write on the chalkboard to keep yourself moving, or to keep yourself inspired?

Take a look at Dr. Shannon Reece's blog post this morning on what motivates 89 women entrepeneurs: 89 Famous Quotes That Will Rock Your World.

I had the pleasure of being included in that group of 89--you can find me at #54!!

"Be the change you want to see in the world."

~Ghandi

Image: twobee / FreeDigitalPhotos.net

Kelsey Grammer's Cross-Country Custody Battle

2011-05-20T08:41:00.002-04:00

As if we didn’t hear enough about celebrity family issues this week. Kelsey Grammer has filed legal papers in court seeking sole physical custody of his two children: 9 year old daughter Mason, and 6 year old son Jade. The kids actually live in L.A. with their mother, Camille Grammer, while Kelsey lives in Chicago with his new wife, Kayte Walsh. In the divorce, Camille Grammer was granted physical custody of the children, but Kelsey Grammer apparently wants to change that and move them to Chicago: Kelsey Grammer Trying to Rip Custody from Camille.

What does it take to win a custody battle, and move two children from their home in LA to Chicago? In Michigan, this is no small feat. First, the Court must determine that there has actually been a change in circumstances or that there is good cause in order to change a custody arrangement. If the Court determines that there has been a change in circumstances or good cause, then the Court must determine that the proposed custody arrangement is in the best interests of the children. This means that the Court must listen testimony and review evidence surrounding 12 best interest factors, listed in MCL 722.23. In the case where the proposed custody change would essentially transfer the children physically from one parent to the other, the Court must find that the proposed change is in the best interests of the children by “clear and convincing evidence.”

Additionally, in Michigan, if you not only want to change custody, but then want to move the children out of state, the Court must consider other issues. In what is called the D’Onofrio test, the Court must find that the relocation is in the best interest of the children by a preponderance of the evidence after consideration of the following factors:

1. Will the change improve the quality of life for the child and parent
2. The degree to which each parent has complied with their parenting time schedule
3. The degree to which the court can modify parenting time to preserve & foster the relationship
4. The extent to which the opposing parent is motivated by financial reasons
5. Domestic violence, regardless of whether it involves the child

Obviously, a cross-country custody battle is not as easy as just filing legal papers asserting what you want. The process is extremely involved and requires substantial evidence that the proposed custody change will be best for the children. This case provides good reminder that the Courts are there to determine what’s best for the kids—not just what the parents want.

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.

Arnold Schwarzenegger’s Teenage “Love Child:” Why is Paternity Public Now?

2011-05-18T09:19:00.001-04:00

There is no question that the hottest news (gossip) topic in the last few days has been centered around the “love child” fathered by Arnold Schwarzenegger with his housekeeper, allegedly Mildred “Patty” Patricia Baena, while he was married to Maria Shriver. The news has been shocking, devastating, and sad, to say the least. Even more shocking that the child is now a teenager, and this entire relationship and child was hidden privately and publicly for over a decade.

Which raises an interesting question. Why has this become public now, since the child is assumed to be about 14 years old? Why not earlier? While I don’t presume to know the laws of paternity in California, a brief overview of paternity law in Michigan may provide some possible answers.

In Michigan, if a child is born while a woman is married, that child is legally presumed to be the biological child of the married parents. No one can challenge this paternity while the couple is married, even if a DNA test proves that the biological father is someone else.

If a woman becomes pregnant when she is unmarried, but then marries someone before the child is born, the child is presumed to be the father of the man she marries. This is true again even if DNA tests prove that the biological father is someone else.

In short, Michigan honors the sanctity of marriage for purposes of paternity. If a child is born during a marriage, the husband is presumed legally to be the father.

However, if the couple files for divorce, the mother or father can challenge the paternity of any of the children born during the marriage. If this happens, a DNA test is conducted, and if the test proves that the husband is not the father, the divorce judgment can include this information, and that child’s paternity remains an open question. If this happens, once the divorce becomes final, the mother or the assumed true biological father can the file a paternity action to establish paternity of that child.

Simply, if a man knows that he has fathered a child, even if a DNA test is done, he has no standing under Michigan law to establish his paternity if the mother is married to someone else. Additionally, if the mother does divorce, but the divorce judgment indicates that all the children born during the marriage are children of the husband and wife, the biological father still lacks standing. The husband is presumed to be the father (despite DNA), and this issue cannot be challenged once the divorce is finalized.

Turning back to the case of Arnold Schwartzenegger and his housekeeper, it was noted by the press that Patty Baena was married at the time she conceived this “love child.” If that is the case, then Patty Baena’s husband was legally presumed to be the father. However, the press has also stated that she is now divorced. Perhaps the divorce judgment indicates that this “love child” is not a child of that marriage, leaving paternity open. Perhaps Patty Baena is now going to file either a paternity or child support action, seeking financial support for her child. It’s just a guess, but if you analyze the law surrounding paternity issues, it makes sense.

Read the LA Times story that broke the news here: Maria Shriver on Schwarzenegger's paternity admission: 'Painful and heartbreaking.'

Read the Radar Online story that broke the news about the housekeeper’s identity: WORLD EXCLUSIVE: Mother Of Arnold Schwarzenegger's Love Child Revealed!

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.

Take "All my Loving" (and my Money too)

2011-05-16T08:13:00.000-04:00

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?

2011-05-13T14:19:00.000-04:00

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?

2011-05-11T08:24:00.002-04:00

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

2011-05-09T11:51:00.002-04:00

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.

Honoring Michigan Mothers

2011-05-06T09:43:00.000-04:00

“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.

Removing the “Sheen” from Celebrity Divorce

2011-05-04T08:13:00.000-04:00

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.

Jail for Former Red Wings Trainer: Unpaid Child Support

2011-05-03T07:40:00.000-04:00

The Detroit News reported that former Red Wings’ trainer John Wharton was arrested and jailed for unpaid child support: Former Wings trainer Wharton jailed on child-support charges. It appears he had been arrested before for unpaid child support, but paid a bond and then left the state moving to New York. He recently returned to Michigan, however, and was arrested again on a warrant issued by the Michigan Attorney General.

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 driver’s 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 also result in jail sentences.

What people don’t always realize is that child support is modifiable in Michigan. The Friend of the Court can 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 court and Attorney General will also work with parents on overdue support. However, an effort must be made to make timely payments, and if the parent is unemployed, to find viable employment.

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.

Splitting the House in a Divorce…. Literally

2011-05-02T08:25:00.000-04:00

The 6 year divorce case of New York’s Simon and Chana Taub was recently finalized by order of the court last week. Yes, it was a 6 year divorce. And no, the fact that it took 6 years is not the only shocking fact about this divorce.

One of the issues that the Taubs fought intensely about was who would live in their 3 story brownstone in Brooklyn. When they both refused to move out while the divorce was pending, they split the house. Literally. They installed a wall down the middle of the house so they could both live there.

If that gives you flashbacks to the movie “War of the Roses” then you are spot on.

However, the Judge ordered that the house now be sold. Neither Simon nor Chana Taub will be able to keep the house. Can the Judge do this? Can the Judge order that the house be sold?

Absolutely. Judges in family court can dispose of the marital assets in any way that they determine is fair and equitable. Even in Michigan, if two people are fighting over a house, or any piece of property for that matter, the Judge will likely just order that it be sold. Selling the property definitely ends the dispute about who gets it.

In Michigan, selling property is sometimes a complicated solution because of the real estate market and downward economy. However, it is often the only equitable decision if the divorcing couple continues to fight over who keeps the house, and refuses to settle the issue themselves.

You can read more about Simon and Chana Taub’s divorce here: NYC couple who split house with wall get divorce.

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.

Wayne County Family Court Establishes Parenting Time Guidelines

2011-04-29T08:36:00.001-04:00

In a divorce or custody case involving minor children, the parents must ultimately decide how legal custody, physical custody, and parenting time is going to be shared. Parenting time is the legal term for the specific schedule that each parent has with the children. (courts used to call this “visitation”—obviously “parenting time” is a much more preferable term). Often times the parents will agree to work together, and in those cases the issue is resolved with the order or judgment specifying “reasonable parenting time.” This avoids having to agree to a rigid and specific schedule. “Reasonable parenting time” has typically meant that the parents will work together to create and maintain a flexible schedule.

However, that is no longer the case in Wayne County Family Court. Effective this year, 2011, Wayne County has established parenting time guidelines titled “Wayne County Circuit Court Co-Parenting Plan.” 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.

In theory, this is a good thing. The Co-Parenting Plan will give parents a schedule that is predictable and manageable. It also simplifies the negotiation process. Parents can now just agree to “reasonable parenting time” in a judgment or order, and have a schedule that they can rely on and work from.

The down side? If a parent is unaware of the Co-Parenting Plan, and agrees to “reasonable parenting time” in their order or judgment, then despite any agreement otherwise, the court will enforce the Co-Parenting Plan. If one parent asks the court to enforce parenting time, the court will hold both parents responsible for following the Co-Parenting Plan, even if they were not aware of it at the time their order or judgment was entered with the court.

An interesting note: published opinions from the Michigan Court of Appeals have held that a request for a parenting time change must be based on a change in circumstances or good cause, and also a determination that the requested change is in the best interests of the child. However, if you look at the Co-Parenting Plan closely, the parenting time schedule changes as the child grows older. The Co-Parenting Plan is based upon the notion that parenting time should change automatically as a child ages, without showing a change in circumstances or good cause. Many parents, judges and attorneys firmly believe that this should always be the case. The Michigan Court of Appeals has yet to publish an opinion supporting an automatic change based upon age. Until that happens, there will be some conflict between the established law and the implementation of the parenting time guidelines.

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.

Should you Change your Name After Divorce?

2011-04-28T07:53:00.000-04:00

A small but important question is always asked of the wife during divorce proceedings: Do you want to keep your married name, or go back to your maiden name? If the attorney fails to ask the wife this question, ultimately the Judge will ask the question at the final hearing.

In my experience as a divorce attorney, many women have a difficult time making this decision—especially if they have children from the marriage. Most women are concerned that if they go back to their maiden name, that their name will be different from their children’s’ name, and that this will cause problems. Some women, on the other hand, are concerned that if they don’t go back to their maiden name, and their soon to be ex-husband remarries, it will be too confusing altogether. Others who have established a professional reputation during their marriage are concerned that changing their name back to their maiden name will have a detrimental effect on their business. There are obviously a host of reasons that make this decision difficult.

To clarify, just having a provision in the Divorce Judgment changing a woman’s name doesn’t make the name change legal. In order to legally change your name you must take that Divorce Judgment to the Michigan Secretary of State and the Social Security Office to officially change it. So even having a provision in the Judgment of Divorce doesn’t make the name change automatic. There are further steps to take in order to make the change legal and official.

There is, however, a very significant advantage to including a name change provision in a Divorce Judgment. If this provision is in the Divorce Judgment, the woman can decide at any time to make the name change legal and official. That means that she can make the change right away, wait a while, or never change it. Having the provision in the Judgment makes it easy to change it officially.

What happens if you don’t have this type of provision in the Divorce Judgment, but want to change it later? If there is no name change provision in the Divorce Judgment, then you must file a petition with the Court for a name change, and follow all of the necessary procedures. The Michigan Courts website offers a tutorial on this process here: Name Change Self Help. It should be that there are significant costs included in a name change petition. There are filing fees, fingerprinting fees, publishing fees, and order fees. These fees will exceed $300.00. You also have to be fingerprinted, and your fingerprints must be sent to the Michigan State Police and the FBI. Both agencies must report to the Court about any pending charges or convictions. The process is time-consuming and expensive.

If in doubt, it is better to err on the side of caution and include a name change provision in your Divorce Judgment. If you decide never to change your name, it won’t hurt you. If you decide to change your name in the future, it will save you significant time and money.

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.

Divorcing? Don't Forget the Dog

2011-04-27T08:48:00.000-04:00

Last week, the New Zealand Herald posted a story titled “Divorced couple in court over dog custody.” While the story may have been written tongue-in-cheek, it most certainly was not a joke. We often think that custody battles involve just children. However, pets are often cherished members of the family, and how divorcing couples share time with their pets is often of primary focus and concern. It is not uncommon to hear the following: “My dog is my baby.”

Despite the close loving relationship we have with our family pets, they are considered personal property in Michigan. This means that a divorcing couple must come to an agreement on who is going to take the pets. Sometimes this is easily resolved, because in some marriages only one spouse is emotionally attached to the pet and wants it. But what happens when both people want Fido? How can you resolve that sort of situation?

In one of my former cases, we wrote a specific agreement into the Divorce Judgment regarding the dog. One person took custody of the dog, but the other person had the option of monthly visits with the dog, and was entitled to advance notice if the dog fell ill or needed to be put to sleep. The upside of this: the person who didn’t take the dog had a chance to continue visits with the dog. The downside of this: in a divorce with no children, the couple continued to be connected after divorce. (yes, for most people this is a downside).

In another of my former cases, the dog was actually awarded to the minor children, and the dog travelled back and forth with the children to mom and dad’s house. The expenses for the dog and any vet bills were to be shared equally between the mom and dad. There didn’t appear to be any downside to this type of arrangement.

While those are merely two examples of how to handle a divorce dispute about a family pet, there are dozens of potential solutions, and particularly a solution that caters to your unique situation.

Lesson to be learned? If you are going through a divorce and have a pet, be sure to tell your attorney. If your attorney doesn’t ask and you don’t let them know in advance, this can potentially hinder a successful settlement because it will be a surprise issue in the end.

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.

How Child Support is Calculated in Michigan

2011-04-26T09:21:00.000-04:00

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 child support, divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com

Legal Separation in Michigan

2011-04-25T15:04:00.000-04:00

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 divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com

Going Through a Divorce? Marriage Counseling Can Help

2011-04-22T08:10:00.000-04:00

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 t here were substantiated allegations of domestic violence in the marriage.

To understand the effectiveness of marriage counseling, even with couples who are going through a divorce, I spoke with Dr. Gail Majcher, a Northville psychologist. I also asked Dr. Gail what her thoughts were on the proposed North Dakota law.

Wendy Alton: “Dr Gail, what are your thoughts on a law that requires mandatory marriage counseling before a couple files for divorce?”

Dr. Gail: “Marriage counseling is a good idea for the majority of cases. In fact, many of my couples have already filed for divorce when they first come in. I think the downfall is that it should not be implemented for abuse cases. Sometimes abuse in a marriage is well hidden and difficult to discover.”

Wendy Alton: “Dr. Gail, how common is marriage counseling and is there any sort of success rate?”

Dr. Gail: “I have a masters degree in marriage counseling as well as a Ph.D. in clinical psychology. Over the last 30 years of my practice, marriage counseling constitutes about 30% of my cases. The marriage counseling that I conduct is intense and includes homework for the couple so the process can go faster. My success rate for married couples is at least 70%.”

As a divorce lawyer, I have to admit that the 70% success rate 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.

Dr. Gail is a local Northville psychologist, and you can learn more about her on her website: www.DrGail.com. Dr. Gail also published a book called “A Worthy Woman: Victory over Domestic Violence, a True Story and Self-Help Book.” She can also be heard on WJR as the co-host of “Sunday Sessions,” a psychological edu-taining show about mental health issues.

Dr. Gail can be reached at (248) 345-5050, and her office is at 114 Rayson, Suite One D, Northville.

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.

No Common-Law Marriage in Michigan

2011-04-21T07:29:00.000-04:00

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.

The Wedding's Off--Now Who Keeps the Bling?

2011-04-20T19:38:00.000-04:00

You are engaged to be married, and have either bought or received a beautiful (expensive) engagement ring. Unfortunately, something happens to destroy the pre-wedded bliss and the wedding is called off for good. If the marriage never happens, who gets the engagement ring? The courts in Michigan have answered that question unequivocally: the person who gave the ring in anticipation of the marriage gets it back.

The definitive case on this issue in Michigan is Meyer v Mitnick, 244 Mich App 697 (2001). In that Oakland County Circuit Court divorce case, Dr. Barry Meyer purchased a custom-designed engagement ring for his finance’ Robyn Mitnick at the cost of $19,500. After he gave her the engagement ring, but prior to the marriage, Dr. Meyer asked Ms. Mitnick to sign a prenuptial agreement. Ms. Mitnick refused. What happened next? The marriage was called off.

However, Ms. Mitnick refused to return the engagement ring. So, in return, Dr. Meyer sued her to get it back. Dr. Meyer argued that the engagement ring was a conditional gift, given only in anticipation of marriage, and since the marriage wasn’t going to happen, the gift should be returned. Ms. Mitnick argued that Dr. Meyer was at fault for the marriage not happening since he broke off the marriage. She argued that based upon that fault, she should be allowed to keep the ring.

The trial court, Oakland County Circuit Court, ruled that the ring should be returned to Dr. Meyer, deciding that because the engagement ring is a conditional gift given solely in anticipation of a marriage, it must be returned to the purchaser if the marriage doesn’t happen. The trial court also decided that it didn’t matter who broke off the engagement, refusing to consider fault in determining who keeps the ring. Ms. Mitnick appealed that decision to the Michigan Court of Appeals.

The Michigan Court of Appeals sided with Dr. Meyer and upheld the trial court’s decision. They concluded the following: “In sum, we hold that an engagement ring given in contemplation of marriage is an impliedly conditional gift that is a completed gift only upon marriage. If the engagement is called off, for whatever reasons, the gift is not capable of becoming a completed gift and must be returned to the donor.”

Long story short, if the marriage doesn’t happen, the ring must be given back to the person that gave it.

With that being said, that two people can always come to a written agreement otherwise. If there is a written agreement that the person receiving the engagement ring can keep it regardless of what happens, that agreement would usually govern. Also keep in mind that once the couple is married, the condition of marriage is fulfilled, and the engagement ring, once a conditional gift, is now an outright gift and belongs solely to the person receiving it.

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

Making College Expenses a Priority after Divorce

2010-12-13T09:36:00.003-05:00

According to a recent study, divorced parents contribute a significant amount less toward college for their children than parents that remain married. The study was discussed in a Washington Post article, and revealed that divorced parents spend nearly 1/3 less on college expenses than married parents. Obviously this is a huge difference and disadvantage to children of divorce. What can you do as a divorced parent to ensure that college expenses remain a priority?

First, to clarify, Michigan does not require a divorcing couple to have an agreement about college tuition or expenses. In fact, Michigan courts can only make or enforce decisions about your child until the child is 18 or graduates from high school, whichever is later. Thus, college expenses are frequently not addressed in a divorce, especially when the children of the divorcing couple are very young.

However, there are a number of things you can include in your divorce to help pay for college expenses. Of course you and your spouse will have to agree, because absent an agreement, the court will not force you to do it. Some ideas are as follows:

You can agree as parents to equally share the college expenses incurred by your children, or share them on a percentage basis.
You can agree to each contribute to a college fund that is held in trust for the children.
You can formulate an agreement that has one parent paying tuition costs, while the other parent pays books, boarding, etc.

What is especially important, though, in formulating such an agreement to pay college expenses, is to define what college expenses will be paid, particularly:

Will you pay for in-state or out-of-state tuition?
Will you only pay if their grade point remains passing or above a certain grade?
Will you require the student to obtain loans/grants/scholarships first?
Is this for undergraduate only or post-graduate work?

The lesson is that if college for your children is important to you as you are divorcing, try to work out an agreement with your spouse to make it a priority. Be careful to negotiate exactly what each parent is prepared to provide, and what expectations are required. Also, you must have an attorney review such an agreement, because once it is signed, absent an agreement to change it, the agreement is binding and not subject to modification.

You can read the Washington Post article here: Divorced parents contribute less toward college

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.

Judge Tosses Out Prenup: Dodgers ownership still undecided

2010-12-08T09:46:00.003-05:00

There is no dispute that the divorce of Frank & Jamie McCourt has been the most publicized divorce this year, particularly since the ownership of the Dodgers will ultimately be determined in the divorce.

It appears that Frank & Jamie McCourt had a prenuptial agreement drawn up, but the testimony revealed that there were different versions of this agreement—one giving the Dodgers to Frank, and one sharing the Dodgers between Frank & Jamie. The Judge heard testimony for days about this issue, and finally made his decision.

In a 100 page opinion (and yes, that is a very LONG opinion), the Judge tossed out the prenuptial agreements. The Judge ruled that the evidence showed that Frank & Jamie McCourt never fully agreed on any terms regarding the Dodgers, and that each has a mistaken belief about the alleged differing prenuptial agreements. The result is that the Dodgers will not be divided pursuant to any prenuptial agreements between Frank & Jamie McCourt.

What does that mean now? Well, the Judge will eventually have to decide who owns the Dodgers. Frank McCourt will argue that he bought the Dodgers, that they are owned in his own name, and that the team is his own personal property. Jamie McCourt will argue that the team was purchased during the marriage and that it is marital property, subject to a 50/50 split.

Lessons to be learned? If you hire a lawyer to draft a prenuptial agreement—it is probably important to make sure that there is only one version. Sounds easy, right? I would assume so—but doesn’t seem that way for the McCourts.

You can read about the Judge’s decision here: Judge invalidates McCourt agreement, leaving Dodgers ownership in question

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.

Cheating Spouses on Facebook

2010-12-05T14:20:00.010-05:00

So it was just announced that San Antonio Spurs’ Tony Parker, currently divorcing from Desperate Housewife Eva Longoria, had a fling with a woman that he kept in touch with on Facebook. You can be absolutely sure that this isn’t just a celebrity phenomena. Facebook has made us all our own day-to-day celebrities as we broadcast what we do, where we go, and how we feel. We share our pictures, our jokes, our successes and our gripes. And yes, we are sharing our divorce battle stories.

Research conducted this summer showed that divorce attorneys are becoming more and more fluent in social networking sites—Facebook, MySpace, LinkedIn, YouTube and Twitter to name a few. Lawyers are using these sites to find out information about the other spouse during a divorce. There have been dozens of stories over the last year discussing how things a spouse posted online, whether a picture, wall post, or status update, were used against that spouse in a divorce or custody proceeding.

This has become so prevalent, that there is now a website devoted solely Facebook cheating: www.facebookcheating.com. On that site, you can read articles to help you discover if your spouse is cheating, read stories of others who have experienced infidelity due to Facebook, and learn what to do with your Facebook page if you are going through a divorce.

So you ask, what exactly can be used against you from your Facebook page? EVERYTHING. Everything you say, every picture you post and every friend you have. Facebook comments, wall posts, status updates, friends, pictures and videos are admissible in Court for issues such as fault, custody, parenting time, child support, and property division.

In my own experience as a Michigan divorce lawyer, I have not only used Facebook evidence in divorce and custody proceedings, my opposing attorney has used the same against my own clients. For example, Facebook can be used to prove extra-marital relationships. It can be used to show alcohol use. Every disparaging comment said about your soon-to-be-ex-spouse is printed, saved, and presented to court to show that public derogatory comments are being made about the other spouse, and yes, that is considered by the court in a custody dispute.

It is absolutely essential to guard what you do online on Facebook if you are going through a divorce. The safest solution is to deactivate your Facebook page. This will take you page offline until you sign in next. You will not lose your friends, nor your posts or pictures—it will just take your page out of general public view. Once your divorce is final, then you can activate once again.

Some say that you should just adjust your privacy settings. However, remember that your friends will see everything you post—and during a divorce, sometimes your friends are not necessarily on your side. On the other hand, keeping your Facebook page allows you to see what your spouse may be doing, if they are on Facebook. After all, it is the war of the roses, right?

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.

What happens if Mediation fails?

2010-12-01T10:46:00.001-05:00

It looks like the judge will have to decide the fate of the Dodgers after all. While Frank & Jamie McCourt are waiting for the judge’s ruling in their divorce case, they agreed to meet again with a mediator to see if they could settle their differences.

After lengthy mediation sessions, the mediator submitted a proposed divorce settlement to both Frank & Jamie McCourt, and they had until noon on Tuesday, November 30, 2010, to either accept the settlement or reject it. Frank McCourt accepted the proposal, but Jamie rejected it.

While it is true that many divorce cases can settle during mediation, it is also true that some do not. In Michigan, people going through a divorce will often be required to go to mediation during their case. However, the mediator cannot force a settlement. The mediator can only try to assist both people in coming to a mutual agreement on their issues. If no agreement is reached, mediation is concluded and the case continues.

Sometimes this means that the case will continue to trial. Often, though, the case will still settle privately, as a good mediator will assist each person in seeing both sides of the issue, and also assist them in understanding how their judge will see the issues.

As far as the Dodgers go, this appears to be the last chance for any type of private settlement, as both Frank and Jamie McCourt have dug in their heels. Even though Frank accepted the mediator’s proposal, the proposal is not final unless both of them accept it. Jamie McCourt appears to want the judge to make the final decision, and that should be expected within the next couple of months.

You can read the LA Times article here: Jamie McCourt rejects divorce settlement proposal.

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.

Mel Gibson’s Custody Trial

2010-11-22T18:24:00.001-05:00

Judge Gordon in Los Angeles is once again the trial judge for a celebrity couple. He has previously decided issues of custody for Britney Spears and Kevin Federline, and is currently the trial judge in the divorce of Frank & Jamie McCourt and in that case will determine who will own the Dodgers.

Now, Judge Gordon will determine custody, parenting time and child support for the daughter of Mel Gibson and Oksana Grigorieva. Specifically, Judge Gordon will have to decide who has custody, how much child support should be paid, how frequently each will see their daughter, and under what conditions—meaning whether or not it should be supervised.

In Michigan, the trial judges also make custody, parenting time and child support decisions. However, the ultimate decision doesn’t go to the judge unless the parents cannot agree on those decisions. In divorce or custody cases, the parents have many options for resolving these issues, including mediation before the case, mediation during the case, and mediation with Friend of the Court.

If the issues cannot be resolved prior to trial, then the Judge must make those decisions, always focusing on what is in the best interests of the child. This means that the Judge must hear testimony and review evidence involving 12 factors that can be found here: Best Interests of the Child Defined.

Ultimately it is better if the parents can agree on issues of custody and parenting time since the parents will have to co-parent for years to come, and must make decisions together about their children. If, however, an agreement is impossible, the judge will make that decision—but it will be based upon what is best for the child, not what the parents want.

You can read more about the Mel Gibson custody issue as reported by the New York Times: In Family Court, a Reckoning for Gibson’s Career

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

The Wedding’s Off—Now Who Keeps the Engagement Ring?

2010-11-18T10:01:00.000-05:00

You are engaged to be married, and have either bought or received a beautiful (expensive) engagement ring. Unfortunately, something happens to destroy the pre-wedded bliss and the wedding is called off for good. If the marriage never happens, who gets the engagement ring?

The courts in Michigan have answered unequivocally: the person who gave the ring in anticipation of the marriage.

The definitive case on this issue is Meyer v Mitnick, 244 Mich App 697 (2001). In that case, Dr. Barry Meyer purchased a custom-designed engagement ring for his finance’ Robyn Mitnick at the cost of $19,500. Prior to the marriage, Dr. Meyer asked Ms. Mitnick to sign a prenuptial agreement, and Ms. Mitnick refused. The marriage was called off.

Ms. Mitnick refused to return the engagement ring, so Dr. Meyer sued her for its return. Dr. Meyer argued that the engagement ring was a conditional gift, given in anticipation of marriage, and since the marriage wasn’t going to happen, the gift should be returned. Ms. Mitnick argued that Dr. Meyer broke the engagement, and thus was at fault for the marriage not occurring, and that based upon fault, she should be allowed to keep the ring.

The trial court, Oakland County Circuit Court, ruled that the ring should be returned to Dr. Meyer because it is a conditional gift, and that issues of fault do not determine who keeps the ring. Ms. Mitnick appealed that decision to the Michigan Court of Appeals.

The Michigan Court of Appeals affirmed the trial court’s decision. They concluded the following:

“In sum, we hold that an engagement ring given in contemplation of marriage is an impliedly conditional gift that is a completed gift only upon marriage. If the engagement is called off, for whatever reasons, the gift is not capable of becoming a completed gift and must be returned to the donor.”

Long story short, if the marriage doesn’t happen, the ring is given back to the person that gave it in anticipation of the marriage.

Keep in mind, however, that two people can always come to a written agreement otherwise. If there is a written agreement that the person receiving the engagement ring can keep it regardless of what happens, that agreement would usually govern.

Also keep in mind that once the couple is married, the condition is fulfilled, and the engagement ring, once a conditional gift, is now an outright gift and belongs solely to the person receiving it.

Divorcing and Dreading the Holidays?

2010-11-14T12:28:00.000-05:00

As if Divorce or Separation wasn’t hard enough—along comes Thanksgiving, Christmas and New Years. It is undisputed that those going through the tumultuous process of divorce feel increased depression and despair as the holidays approach. Most people try to manage these feelings themselves and get through the holidays without a support system. However, there is a tremendous amount of help and support for people going through a divorce, especially during the holidays.

There is a valuable website called DivorceCare, and you can click on the website here: www.DivorceCare.org. On this website, you can read articles, watch videos, sign up for daily encouragement emails, and most importantly, find a local support group for yourself, and also find a support group for your children. These groups meet weekly and are free to anyone who wants to attend. The website also has a bookstore with an incredible selection of books.

There is also a special section for people divorcing as we move toward the holidays: DivorceCare: Surviving the Holidays. This is a special Surviving the Holidays event (free) that features video instruction and group discussion on how to get through the holidays. If you attend the event, you have the opportunity to talk with other people who are going through the same issues, and also receive a free Holiday Survival Guide.

If you are going through a divorce, a separation, or are facing the holidays for the first time after a divorce, you do not have to go through these holidays alone. You also don’t have to manage feelings of depression or despair by yourself. Look through the materials on the DivorceCare website and find a group to join. There are people eager to help.

The website again is DivorceCare, and can be found at www.DivorceCare.org.

The section of DivorceCare for surviving the holidays can be found at DivorceCare: Surviving the Holidays.

If you know of someone going through a divorce or separation, please share this information with them. During this holiday season, we should try to help those who may need it.

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

Prenuptial Agreements on the Rise

2010-11-08T12:31:00.000-05:00

A recent Detroit Free Press article reported that a majority of lawyers are seeing an increase in requests for prenuptial agreements and that more women are requesting prenuptial agreements prior to getting married. Part of the reason for the increase is the fact that people are getting married at an older age, and that there are more frequent second marriages or marriages blending families together.

For couples that are anticipating marriage, it is very important to consider having a prenuptial agreement in place prior to getting married. This is particularly important if each person has their own property, investments, retirement and savings. A prenuptial agreement is an agreement between couples getting married on how they are going to distribute assets they bring to the marriage and assets they acquire during the marriage if the couple divorces or if one of them passes away.

Prenuptial agreements are very common when two individuals are brining significant assets of their own into the marriage, or even significant debt. They are also common when people are marrying later in life and they have grown children they want to provide for if they were to pass away. They are far more common than they used to be.

You can read the Detroit Free Press article here: More Women and 2^nd Timers want Prenup

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

How Child Support is Calculated

2010-11-05T12:25:00.000-04:00

A common misunderstanding with our family law clients is how exactly child support is calculated in Michigan. Often parents believe that child support is based solely on just what they earn, and nothing more. This is not correct, as child support is based upon a number of considerations.

First, child support is often calculated by Friend of the Court and by attorneys with the help of a computer program. The following is a list of the information that is provided to that program in order for child support to be calculated:

• Number of minor children
• Tax filing status of both parents
• Tax exemptions for both parents
• Determination if either parent provides support for other children in their household
• The number of overnight stays that each parent has with each child (calculated separately)
• The amount of childcare that each parent pays, and for how many children
• The amount of health care premiums that each parent pays for the children
• The gross earnings of each parent

Obviously from the list above, one can see that child support is calculated on more than just what a parent earns.

There are also other factors that must be considered in more unique cases. Sometimes one parent is voluntarily unemployed or underemployed, and it must be determined if income should be imputed to that parent for purposes of child support. Sometimes a parent is self-employed, and the calculation of income is more difficult.

It is important to discuss the issue of child support with an experienced family law lawyer so that you can truly understand the issues in your case, how child support is calculated, and whether or not you should seek an increase or decreased based upon all of those circumstances.

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

New Landlord/Tenant Law Provides Help for Domestic Violence Victims

2010-10-18T17:46:00.002-04:00

Michigan Governor Granholm has just approved a new law that becomes effective immediately. This law, codified as MCL 554.601b, provides assistance to tenants who are victims of domestic violence, sexual assault or stalking.

Victims of domestic violence, sexual assault, or stalking are often in a situation where they must move immediately, whether to a shelter or another residence, because there is an immediate danger of injury, harm or potential assault. However, if that victim is a tenant in a rental residence, the victim/tenant is still responsible for rent even if they vacate. Prior to this new law, there was nothing in Michigan’s law that provided assistance or help to the victim—and the victim/tenant could be sued for rent that was not paid.

The new law, which applies to leases entered into, renewed, or renegotiated after October 20, 2010, allows a tenant, who is in reasonable apprehension of present danger to themselves or their children, submit a written notice of intent to be released from their rent payment obligation. The law dictates that the tenant must deliver to the landlord, by certified mail, a notice that they intend to be released from their rent payment and must include, with that notice, written documentation that there is a PPO, a probation or parole order, or a written police report (if it resulted in charges being filed within 14 days). There are other types of written documentation that can be provided as well, and this is explained in the new law. Upon providing the proper notice with supporting documentation, the tenant is released from the rent payment obligation on the 1st day of the second month that rent is due after notice is given. However, the release is not effective unless the tenant actually vacates.

As family law attorneys, we are seeing escalated instances of domestic violence. This law is designed to assist victims who are truly in danger so that they can better protect themselves and their families.

You can read the law itself here: MCL 554.601b

You can read a Detroit Free Press article on the new law here: New Domestic Violence Law Helps Tenants, Landlords

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.

In Custody Hearings, the Judge Cannot Just Rely on Friend of the Court’s Recommendation

2010-10-13T18:30:00.001-04:00

In Michigan, if a parent has proven to the court that there has been a change in circumstance or proper cause to consider a change in custody, the court will generally ask Friend of the Court to make a custody recommendation. Friend of the Court will investigate and make a recommendation to the Court after a full analysis of the best interests of the child by weighing the following factors:

(1) The love, affection &other emotional ties existing between the parties involved & the child.
(2) The capacity & disposition of the parties involved to give the child love, affection &guidance and to continue the education & raising of the child in his or her religion or creed, if any.
(3) The capacity & disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
(4) The length of time the child has lived in a stable, satisfactory environment &the desirability of maintaining continuity.
(5) The permanence, as a family unit, of the existing or proposed custodial home or homes.
(6) The moral fitness of the parties involved.
(7) The mental & physical health of the parties involved.
(8) The home, school & community record of the child.
(9) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
(10) The willingness & ability of each of the parties to facilitate & encourage a close & continuing parent-child relationship between the child & the other parent or the child and the parents.
(11) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
(12) Any other factor considered by the court to be relevant to a particular child custody dispute.

After analysis of these factors, the Friend of the Court will then issue a written report and recommendation that is submitted to the parents and to the Judge. The Judge will review and consider the recommendation.

However, the Judge cannot just adopt the recommendation without hearing testimony and considering evidence. This requirement was reiterated in the case of Deling v Lam, unpublished case per curiam of the Michigan Court of Appeals, issued October 7, 2010 (Docket No. 295272). In that case, the trial judge merely adopted the Friend of the Court recommendation, which radically changed the physical custody arrangement from joint physical custody to giving the father sole physical custody. The trial judge did not hear testimony or consider evidence—the judge just adopted the recommendation. The mother appealed, and the Court of Appeals reversed the trial court’s decision, stating that the trial judge improperly delegated its authority by failing to independently evaluate each of the best interest factors. The Court of Appeals reversed the trial court's decision and sent the case back to the trial court for a new custody hearing.

In issues of custody and parenting time, it is extremely important to understand not only what your rights are as a parent, but also to fully understand every step in the process.

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.

Spousal Support (Alimony) is Based Upon More than Just a Difference in Income

2010-10-11T12:45:00.000-04:00

A common misperception of people going through a divorce in Michigan is that spousal support (formerly called alimony) is based solely or mostly upon a difference in income between the spouses. While it is true that the court considers income when deciding if spousal support should be awarded—income is just 1 of 14 factors that the courts review.

In deciding whether or not spousal support should be awarded, the court must review the following factors before a decision is made, Berger v Berger, 277 Mich App 700, 726-7 (2008):

1. The past relations and conduct of both spouses
2. The length of the marriage
3. The ability of both spouses to work
4. The source and amount of property awarded to each spouse
5. The spouses’ respective ages
6. The ability of both spouses to pay spousal support
7. The present situation of each spouse
8. The needs of each spouse
9. The health of each spouse
10. The prior standard of living of the couple and whether either is responsible for the support of others
11. Contributions of the spouses respectively to joint marital property
12. A spouse’s fault in causing the divorce
13. The effect of cohabitation on the spouse’s financial status
14. General principles of equity.

There are no hard and fast rules for determining if spousal support should be awarded, how much should be awarded and for how long. Each case is reviewed independently and separately to determine the answer to these questions.

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.

Less Transition for Children not Proper Cause to Change Parenting Time

2010-10-08T08:31:00.004-04:00

When going through a divorce in Michigan, it is extremely important to carefully agree upon a parenting time schedule with your children that will work for a long period to come. Some parents decide to share joint physical custody—meaning that both parents aim to spend as much time as they can with their children, usually resulting in half of the child’s time with one parent and half with the other.

What usually results in such an agreement is that the children rotate houses every week (one week with one parent and the next with the other parent), or the children spend some days in the week with one parent, and the other days in the week with the other parent. Obviously, the latter arrangement results in many transitions for the children, as they are rotating houses up to 3-4 times per week.

In the case of Stelman v Stelman, unpublished case per curiam of the Michigan Court of Appeals, issued August 3, 2010 (Docket No. 294105), the parents had such an agreement. The children were with their father 4 nights in the 1st and 3rd weeks of the month, and 2 nights in the 2nd and 4th weeks of the month. During the summer months, the parents took full alternating weeks. The father in Stelman sought a parenting time change, asking the court to change the parenting time to alternating weeks throughout the entire year. Under his current parenting time plan, he spent 12 overnights with his children, and his proposed would increase it slightly to 14 overnights with his children. Thus, the amount of overnights with the children would remain consistent. What the father proposed is that alternating weeks throughout the entire year would be a better plan because it would reduce the amount of transitions for the children by about half.

Oakland County Circuit Court ruled that his reason for seeking the change (reducing transitions), did not meet the threshold required for seeking a modification of parenting time. The Court of Appeals agreed. In Michigan, in order to seek a modification of parenting time, you must provide the court with evidence that there has been a change in circumstances or there is proper cause for seeking the change. Both courts were very clear that just a new proposal that reduced transitions did not meet the required evidence of change in circumstances or proper cause. The father never showed “what had changed” to make the existing parenting time schedule in need of modification. Just seeking a new arrangement to reduce transition for the children is not enough for the court to change the parenting time schedule.

If you are going through a divorce with children, it cannot be emphasized enough that you have good legal counsel to help you decide issues of custody and parenting time. Your decision becomes final and unchangeable unless there has been a change in circumstances or proper cause—this is a difficult evidentiary burden to meet. The decisions made in your divorce have long-lasting effects on you and your children—and you should be assisted by an attorney who can educate and advise you so you understand the full ramifications of your decision.

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.

Michigan Supreme Court Hears Child Support Case

2010-10-06T09:27:00.000-04:00

The Michigan Supreme Court will hear oral arguments this afternoon, Wednesday, October 6, 2010, on the case of In re Beck, opinion per curiam of the Court of Appeals, issued March 4, 2010 (Docket No. 293138) FOR PUBLICATION. The sole issue for the Michigan Supreme Court is whether a parent whose rights to his children have been involuntarily terminated pursuant to the Juvenile Code can be ordered to continue to pay child support.

In the Beck case, a father’s parental rights were terminated pursuant to the Juvenile Code in the Oakland County Circuit Court, meaning that they were terminated involuntarily due to abuse or neglect. However, despite the fact that his rights were terminated, the trial court ruled that his child support obligation would continue. The father appealed the trial court’s decision.

The Court of Appeals affirmed the trial court’s decision, and held that there was a difference between a parent’s rights and a parent’s responsibilities. The Michigan Legislature permits a court to terminate a parent’s rights, but is silent regarding a parent’s responsibilities if rights are terminated. The Court of Appeals ruled that children have a right to receive financial support from their parents, and this right cannot be bargained away by the parents. Further, a parent’s responsibility or financial liability to the child has always been treated distinctly from a parent’s rights. For example, a parent isn’t denied parenting time just because they are behind or delinquent on child support.

The Court of Appeals noted that they previously ruled in Evink v Evink, 214 Mich App 172 (1995), that a parent who voluntarily releases parental rights to the other parent is still required to pay child support. The Court of Appeals also noted that the only situation where a parent’s child support obligation is extinguished is if the parental rights are voluntarily given up pursuant to an adoption, as the court held in Bradley v Fulgham, 200 Mich App 156 (1993).

Lastly, in Beck, the Court of Appeals reasoned that it was against public policy to extinguish a parent’s duty to pay child support when their rights have been involuntarily terminated. This could result in parents refusing to report abuse or neglect because it would result in the removal of financial support. It also punishes a child financially for the misdeeds of the parent.

It will be interesting to see how the Michigan Supreme Court will rule, considering that the Legislature is silent on this issue, and the Court of Appeals has ruled, in the law’s silence, that a child support obligation continues after an involuntary termination of parental rights.

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.

Relocating With a Child After Divorce

2010-10-04T15:07:00.001-04:00

In Michigan, a divorced parent must seek approval from the Court if they wish to move their child out of state. If both parents agree to the relocation, the Court generally grants it. If one parent objects to the relocation, the Court may grant the request if the parent seeking the relocation can prove by a preponderance of the evidence that the relocation is warranted after reviewing the following factors:

1) Will the change improve the quality of life for the child and parent
2) The degree to which each parent has complied with their parenting time schedule
3) The degree to which the court can modify parenting time to preserve & foster the relationship
4) The extent to which the opposing parent is motivated by financial reasons
5) Domestic violence, regardless of whether it involves the child

The Court of Appeals recently evaluated a relocation case in Davenport v Mosholder, unpublished opinion per curiam of the Court of Appeals, issued September 9, 2010 (Docket No. 295852).

In Davenport v Mosholder, a relocation request was filed by the mother who wished to move from Michigan to Georgia. The testimony revealed that the child generally resided with his parents on alternating weeks. The trial court eventually concluded that the child had an established custodial environment with both parents, but that the proposed relocation would not alter that established custodial environment. Further, the trial court indicated that while the father would have less overnights after the move, the reduction was not significant and the child would still have daily access to his father, thus maintaining the established custodial environment.

The Court of Appeals, however, disagreed with this determination, indicating that the move to Georgia would clearly alter the established custodial environment. In an interesting analysis, the Court of Appeals relied on evidence that the father had almost daily contact with his child, coached his sports, served as a scout den leader, and generally was active in the child’s life on a daily basis, despite having the child only half of the year on an overnight basis. The Court of Appeals found that daily contact via webcam when the child relocated to Georgia was not an effective substitute for the clearly established custodial environment between father and son as it existed in Michigan.

The Court of Appeals recognized that an established custodial environment can exist with a parent even if that parent does not have the majority of the overnight parenting time. The Court acknowledged that active daily involvement can be the basis for an established custodial environment.

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.

Jail for Dad of 23 kids: over $500,000 owed in child support

2010-09-30T09:14:00.009-04:00

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.

What is Divorce Mediation?

2010-09-24T15:03:00.008-04:00

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 Costly Lesson of Full Disclosure to Friend of the Court

2010-09-17T11:44:00.001-04:00

In Michigan, child support is modifiable upon change of circumstances, and in order to modify the amount of child support, you must file a motion/request with Friend of the Court. A referee in Friend of the Court then reviews each parent’s income, health care costs, child care costs, and parenting time and makes a recommendation based upon those facts. Once a recommendation is made, each parent has an opportunity to object to the recommendation, and if there is an objection filed, the matter goes to the Judge for a formal hearing.

So what happens if during the entire process one of the parents is less than forthcoming with their income information? What happens if one parent deliberately misstates their income?

The Court of Appeals recently discussed this exact situation in Keinz v Keinz, unpublished opinion per curiam of the Court of Appeals, issued September 16, 2010 (Docket No. 292781).

In Keinz v Keinz, a modification request was filed by the mother 3 years after the divorce was final. At the referee hearing, the father not only stated that his gross annual income was $41k, he produced a letter from his employer indicating the same thing. The referee made a recommendation, and the mother objected to that recommendation. Eventually a full evidentiary hearing was held by the Judge, at which time it was discovered that the father actually earned $81k annually, double the income he asserted at the referee hearing.

The father’s justification was that he was working overtime, but that due to his health, he didn’t expect to work any more overtime. However, it was discovered that at the time that he asserted that he would only earn $41k annually, he had already earned $40k and only half the year was over.

The mother asked the Court to make the father pay for her attorney fees stating that his position/defense was frivolous, which means that the father asserted a position that he knew was not true. While the trial court initially denied the mother’s request for attorney fees, the Court of Appeals determined that the father deliberately deceived the referee by offering evidence that he knew was not true. The Court of Appeals determined that the father’s position in the child support hearings was truly frivolous and because the mother ultimately prevailed with a higher child support amount (albeit after numerous court hearings), the father was responsible for paying the mother’s attorney fees.

The cost for deliberately deceiving Friend of the Court: paying for two attorneys.

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.

Re-Married... With Children

2010-08-26T13:03:00.003-04:00

You’ve been divorced for a while now, and all of a sudden your ex remarries to someone you feel is a bad influence on the children. Or, you’ve just remarried yourself and can provide a more stable household. That should be enough to get you back into court to have the judge re-evaluate custody and parenting time, right?

Nope.

In Michigan, before the Court can consider changes in parenting time or custody, the person requesting the change must demonstrate “proper cause” or a “change in circumstances.” While instinctively one may think that a remarriage of a former spouse is a change in circumstances, the Michigan Court of Appeals decided differently in Allen v Belonga, unpublished opinion per curiam of the Court of Appeals, issued July 20, 2010 (Docket No. 295753).

Without reviewing the facts of that case in particular, what is important to note is that the Michigan Court of Appeals indicated that a parent’s remarriage is generally a “normal life change” and does not rise to the level of “change in circumstances” required under Michigan law. The Michigan Court of Apeals indicated that the evidence must show that a “material change” has occurred and that this “material change” has or will have an effect on the child.

Changes in custody and parenting time are difficult to request and the courts enforce the evidentiary standards for each particular change requested. It is extremely important, throughout your divorce, to understand that your agreement as to custody and parenting time will be binding and cannot be changed by the court at just your request. It is important to have good legal counsel through this process so you understand the long-term effects of your decisions and agreements.

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.

Divorce could Dissolve the Dodgers

2010-07-20T14:56:00.000-04:00

The divorce of Frank & Jamie McCourt has become even more heated as the couple has mutually asserted that each of them doesn’t have enough money, and bills are piling up sky high. The Judge handling their divorce has indicated that if they continue to bicker about money, he may order that the asset they are arguing about, the Dodgers, will be sold.

Can the Judge actually do that? Can the Judge order that the Dodgers be sold to the highest bidder? Absolutely!

With the downward trend of the economy, more and more couples are fighting about debt rather than assets, and most property or assets are under water and have negative equity. Sometimes even when there is property with positive equity, the debts are so overwhelming that the property has to be sold to pay off the debt.

Family Courts and Judges have the power to order what is fair and equitable, and can make decisions on how property is to be valued, divided and distributed. They can make these decisions even to the lament of Dodgers fans.

It is unlikely that the Dodgers will actually be sold because of the divorce—but not because the Court or the Judge lacks the power to order it. It was likely a serious warning from the Judge to the McCourts to stop their bickering and focus on what is truly important so that the issues can be resolved.

You can read the LA Times article here: Judge in McCourts’ divorce case talks of Dodgers Sale

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.

Michigan launches Pilot Program: Lawyer-Free Divorces

2010-07-15T08:01:00.003-04:00

The Michigan Supreme Court has authorized the launch of a new pilot program in Clinton and Gratiot County for an Informal Divorce proceeding for couples divorcing who cannot afford attorneys.

Judge Michelle Rick of Clinton County Circuit Court obtained approval for the pilot program, and will launch this new program for 3 years in both Clinton and Gratiot county. The program was developed in response to a growing number of individuals who were filing for divorce without attorneys, had very simple or uncomplicated issues to resolve in their divorce, and also significantly lacked funds to hire an attorney because they had no or low income. The majority of these couples did not own any property together, they did not have any pensions or retirement accounts, nor was there any domestic violence in their relationship. The majority of these couples had children, debt, and they completely lacked the financial means to hire an attorney because they were unemployed or at the poverty level.

The Informal Divorce pilot program will be an option for couples in Clinton and Gratiot County as long as they meet the criteria, which means that they have no income or very low income, they do not have any property together, they have minor children and there is no domestic violence. The couple getting divorced can elect to proceed under this new option, which includes meeting personally with the Judge in order to work out the issues in the divorce. The parties can opt out of this program at any time, or can be removed from the program if the program does not benefit their case.

The pilot program for Lawyer-Free Divorces was implemented to address the extreme financial distress of some couples filing for divorce, so that those couples are not lost in the system because they cannot afford legal counsel. The pilot program clearly recognizes the importance of having good legal counsel while going through a divorce, especially with minor children.

The Informal Divorce pilot program is anticipated to begin in Gratiot and Clinton County around September 1, 2010.

You can read the Detroit Free Press article here: 2 Michigan Counties will Test Informal Divorces

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.

Should you draft your own Will?

2010-07-01T15:27:00.001-04:00

A recent article in US News & World Report states that there is an increase of people handling their own estate planning by drafting their own Wills. There are a number of online resources to do this, and some people assume that by doing this online themselves, they will save themselves hundreds or thousands of dollars?

Is this actually a good, sound practice? Should people, with little or no knowledge of the law, draft their own Wills?

There are numerous problems that can arise when one takes on the task of drafting their own Will. First, each state’s law is different, and there are different legal terms and requirements for an authentic Will in each state. These requirements are not easily learned online. Second, if a mistake is made, or if a person drafts a Will without understanding the full effect of its language, there will be thousands of dollars spent fixing it afterwards. Third, and worse, you may draft your own Will and it may legally distribute your property exactly opposite of how you intended.

We have seen numerous tragic cases where people have either drafted Wills themselves, or used online tools to draft them, and in the end, the Wills have been declared invalid, or worse yet, they have transferred assets contrary to the person’s true intention.

Don’t take the risk of drafting your own Estate plan. At Fausone Bohn, we have attorneys who will provide a free consultation, and discuss a range of choices, options, and plans. Our estate planning is often conducted on a flat-fee basis, and the rates are affordable.

Let an attorney, who is skilled in the law, help you fully think through and understand what choices you have, and let them help you pick the best options for you. It is worth the peace of mind that you will receive when you know that your estate plan is drafted exactly how you want it.

You can read the US News & World Report article here: The Dangers of DIY Estate Planning

If you are interested in learning more about Wills, Powers of Attorney, Trusts, Probate or Patient Advocate Designations, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

The Michael Douglas Lesson About Marital Property

2010-07-01T08:17:00.002-04:00

Michael Douglas and his ex-wife Diandra Douglas divorced in 2000, but that was not the end of their saga. Diandra Douglas recently sued Michael Douglas in a New York court, alleging that her divorce agreement entitles her to profits & residuals from his new movie: “Wall Street: Money Never Sleeps.”

Diandra Douglas contends that the divorce agreement entitles her to one-half of any profits, royalties & residuals from any movies he did during their marriage. She contends that the new movie is a spin-off from the original “Wall Street” movie, made famous by Michael Douglas’s character, Gordon Gekko: “Greed is Good.”

Michael Douglas, on the other hand, contends that she is not entitled to anything from this new venture and that it is not marital property subject to the 50/50 split.

This particular dispute is a good example of why a person needs a skilled attorney while going through a divorce. In Michigan, all property and income earned during the marriage is considered to be marital property, subject to a 50/50 split. If certain income or property is marital, whether it is received during the marriage or after the divorce, it is to be shared equally.

A skilled divorce attorney will be careful in how marital property is defined, and should counsel their client on what type of possibilities may exist that would entitled that person to a share of profits or distributions even after the marriage, provided those profits and distributions resulted from marital property.

Every situation is unique and different, and in some cases, there will be a clear and defined ending point for those types of profit distributions. However, in other cases, such as the Douglas’s case, the line is not so clear or defined.

You can read the Boston Herald article here: Michael Douglas’ ex wants ‘Wall Street’ payday

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.

The Legal Separation of John & Elizabeth Edwards

2010-07-01T07:16:00.001-04:00

A recent article on CBS News discussed the legal separation of John & Elizabeth Edwards. While they do not plan on divorcing in the near future, they are separated.

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.

You can read the CBS News article here: Elizabeth Edwards: No Divorce from John Planned

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.

No Texting while Driving in Michigan--effective 7/1/10

2010-06-30T14:50:00.004-04:00

Michigan has just enacted its first law against texting while driving. Effective Thursday, July 1, 2010, it is now illegal for a driver of a vehicle to read, type or send a text message from a mobile device situated in the driver’s hand or lap.

This is the first state-wide legislation enacted, and it supersedes any local laws that were previously enacted.

Effective July 1, 2010, it will be a civil infraction to text and drive, and a first offense carries a $100.00 fine. A second and all other subsequent offenses carry a $200.00 fine.

Click here to read the law itself: MCL 257.602b

Click here to read the Detroit Free Press story on the new law: Mobile texting ban nearly here

Divorcing? Stay Away from Facebook

2010-06-29T08:21:00.001-04:00

Several reasons to stay away Facebook during a divorce were made clear in a recent AP news article titled “Divorce Lawyers: Facebook tops in online evidence.”

Divorce lawyers are quickly becoming fluent in Facebook, MySpace and Twitter in order to find out more information about the other spouse during a divorce.

What exactly can be used against you from your Facebook page? EVERYTHING. Everything you say, every picture you post and every friend you have.

Facebook comments, wall posts, status updates, friends, pictures and videos are admissible in Court for issues such as fault, custody, parenting time, child support, and property division.

If you are going through a divorce, the safest solution is to deactivate your Facebook page. This will take you page offline until you sign in next. You will not lose your friends, nor your posts or pictures—it will just take your page out of general public view. Once your divorce is final, then you can activate once again.

You can read the AP/Yahoo article here: Divorce Lawyers: Facebook tops in online evidence

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.

New York Considers "No-Fault Divorce"

2010-06-22T09:03:00.001-04:00

A recent article in the New York Times reflects that New York is considering legislation to end the fault-based divorce system, and move to a system of “No-Fault Divorce.” What exactly does that mean?

New York is one of the states that requires “fault” to be proven in order for a divorce to be granted. This means essentially that the person filing for divorce must state specifically the reason they are seeking a divorce, and the allowable reasons are confined to adultery, cruelty, imprisonment or abandonment. The spouse filing for divorce must prove one of those reasons to the Court, or the divorce will not be granted.

Michigan has been a “No-Fault Divorce” state since 1971, when the legislature abolished the fault system for obtaining a divorce. In Michigan, the person filing for a divorce does not have to state a reason for the divorce, nor do they have to prove adultery, cruelty, imprisonment or abandonment to the Court in order to get divorced.

Essentially, in Michigan, this means that if a person wants to get divorced, the divorce will happen unless both people decide to reconcile.

Does this mean that “fault” is never discussed? Not at all. The underlying reasons leading up to the divorce, particularly “fault,” become relevant in issues of property division, spousal support (alimony), custody and parenting time. However, “fault”, in Michigan, becomes more a cursory issue, and not one that has to be proven in order to get divorced in the first place.

You can read the New York Times article here: Change to Divorce law Could Recall a TV Quiz Show: ‘To Tell the Truth’

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.

Al & Tipper Gore and the Silver Divorce

2010-06-11T09:12:00.002-04:00

A recent article in Newsweek reflected that the recent divorce announcement by Al & Tipper Gore is actually reflective of the marriage and divorce trends, and that there is a rise in what is called the “Silver Divorce,” which is a divorce between couples who have spent at least 25 married years together.

There are some significant issues that become immediately important in “Silver Divorces” when the couple has been married for a significant amount of time. This includes issues of retirement, pensions, spousal support, and even social security.

Michigan law dictates that all marital assets are to be split equally when a couple divorces. This means that if one of the spouses has an IRA, 401(k), or pension, that must be valued (determine what the marital portion is) and that marital portion must be shared equally.

Also, in long-term marriages, the courts will often grant a request of spousal support (alimony). The length of time and the amount will vary from situation to situation—but it is an important consideration and in many cases, absolutely necessary for one of the spouses.

Lastly, it is important that the issue of social security is addressed. If you have been married 10 years, then even after a divorce, one spouse may be able to collect social security based upon the other spouse’s work record. This is something that should be definitely be discussed with an attorney.

Whether or not there is a trend toward more “Silver Divorces,” what is crystal clear is that if you have been married that long, you need to be well equipped with a skilled divorce lawyer so that you are fully aware of what your rights are, what options exist for you, and how to prepare for your financial security moving forward.

You can read the Newsweek article here: The Rise of the ‘Silver 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.

What can we learn from Gary Coleman?

2010-06-08T10:02:00.003-04:00

Lessons from Gary Coleman’s Estate

Who has the authority to make funeral and burial arrangements for the recently deceased Gary Coleman? His parents or his ex-wife who had medical power of attorney?

Neither.

A 1999 Will was recently found, and in this Will, Gary Coleman nominated his former manager, Dion Mail, as the Executor of his probate estate, which means that he, as executor, also has the authority to make funeral and burial arrangements.

People often think that if they have a power of attorney in place, or a medical power of attorney, then that person is the one who is responsible for making burial and funeral arrangements. Some people even believe that the spouse or parents have the right to do so in any circumstances.

However, it is the Executor, or the Personal Representative of the Estate that has the authority to make the funeral and burial arrangements. The Executor or Personal Representative is nominated in a person’s Will.

It is extremely important to make sure that your Will is up to date, and nominates the right person for the position of Executor or Personal Representative. It is advisable to frequently review your Will to make sure that you keep your nominations and wishes up to date.

We will never know if Gary Coleman still intended to make his former manager the person responsible for making the funeral and burial arrangements. What we do know is that he nominated him to do just that in a Will drafted in 1999. With no other revisions to that Will or new Wills, that is the decision that stands, and that is the decision the Courts will enforce.

You can read the CNN article here: Gary Coleman funeral plan 'pending' as executor takes over

If you are interested in learning more about probate, or want to discuss drafting a Will or Trust, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

More Married Women are Bringing Home the Bacon

2010-01-28T16:15:00.002-05:00

The New York Times and USA Today just reported that men are now marrying wealthier women. According to the Pew Research Center, the last 40 years have resulted in more women graduating with college degrees and an increase in women’s earnings by 44 %. What does this mean for couples either anticipating marriage or married couples contemplating divorces?

For couples that are anticipating marriage, it is very important to consider having a prenuptial agreement in place prior to getting married. This is particularly important if each person has their own property, investments, retirement and savings. A prenuptial agreement is an agreement between couples getting married on how they are going to distribute assets they bring to the marriage and assets they acquire during the marriage if the couple divorces or if one of them passes away.

For married couples anticipating divorce, the earning capacity of both people is considered in issues of child support and spousal support. With the changes in women’s income and education over the last 40 years, spousal support (formerly called alimony) is awarded very differently. Factors considered in spousal support awards include educational level, ability to work and earning capacity. Factors for child support include the earnings of both parents. Long-term and permanent spousal support is almost the exception today, and most awards are given only when the income discrepancy between the spouses is somewhat significant. Child support awards likewise are affected if both parents are working.

You can read the NY Times article here: More Men Marrying Wealthier Woman

You can read the USA Today article here: Study: Marriage Benefits Men Economically, too

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

Wendy Alton has joined Fausone Bohn LLP

2010-01-03T22:53:00.006-05:00

Happy New Year to all!

Great news as we start this new decade. Wendy Alton has joined the prestigious legal team of FAUSONE BOHN LLP, in Northville, Michigan. She will continue to focus her practice in family law, divorce, custody, probate, estate planning, litigation and business, but will now have a incredible legal team to work with.

Please update your records:

Wendy Alton
Fausone Bohn LLP
41700 W Six Mile Rd, Ste 101
Northville, MI 48168
Phone: 248-380-9976
Fax: 248-380-3434
Website: www.fb-firm.com and www.altonlawfirmplc.com
Email: walton@fb-firm.com

A great start to a new year!

Please continue to call to schedule your free consultation regarding your family law needs. We look forward to the opportunity to meet you and assist you.

Wendy Alton chosen for the "Alumni Spotlight" for the University of Michigan-Dearborn

2009-10-11T13:19:00.003-04:00

I was pleased and honored to be chosen for the "Alumni Spotlight" for the College of Arts, Sciences & Letters of the University of Michigan-Dearborn. I owe much of my success to the opportunities given me by that wonderful university and the incredible professors. Thank you!!

Alumni Spotlight

Alumni Spotlight

Just who is a typical CASL graduate? The simple answer is that there is no such person. CASL alumni have a diverse range of skills, talents, experiences, and goals. By “spotlighting” someone each month, we hope to introduce you to our diverse group of alums ... and maybe you'll see a familiar face.

Name: Wendy S. Alton (formerly Wendy Sluka)

Degree, discipline, graduation year: Bachelor of Arts, English, 1998. Minors in History & Physics.

What are your current job responsibilities and/or volunteer activities? Attorney and owner of the Alton Law Firm PLC in Livonia. I handle primarily family law cases (divorce, custody, child support) but also probate matters (probate estates, guardianships, conservatorships), estate planning (wills, trusts & powers of attorney), small business matters, and general lawsuits and trials.

I do some pro-bono (free of charge) legal work and consider that to be my primary volunteer activity. I also serve on the CASL Alumni Affiliate Board of Governors

Does your career relate to what you studied at UM-Dearborn or is your degree in a totally different field? Many law students come from an English background, but not all. The reading, research and writing skills that you develop as an English major are incredibly valuable when you are a law student—and also when you practice law as an attorney. The discipline I developed as an English major really helps me as a lawyer—because so much of my work is consumed with research and writing.

Looking back at the classes you took, pick out one of your favorites and tell why. This is a difficult question!! I had so many favorites!! I don’t think I can pick one, but I can pick a few.

I really enjoyed my independent study with Professor Jonathan Smith—I wrote a paper and presented on the intersection of science and literature in Tom Stoppard’s Arcardia. I presented my research at the “Meeting of Minds” in 1998, and was subsequently invited to present the talk again at Oakland University for their “Science and Religion” lecture series.
I loved “The American Revolution” and the “Salem Witchcraft Trials” by Gerry Moran.
I loved “Language Myth & Dreams” and the “History of Consciousness” by Sid Bolkosky.
I loved the Modern & Contemporary Literature classes by Sheryl Pearson.
And I loved every single Physics class taught by Jeffrey Prentis.
I know I am forgetting some—but those stand out in my mind. (11 years later!)

If there was a “favorite” professor, let us know and why. I don’t want to get into trouble here!! There were many influential professors for me—and I can say without missing a beat that I will always be grateful to Professor Sid Bolkosky, Professor Gerry Moran, and Professor Jonathan Smith. They went above and beyond in challenging me to be a better thinker, a better writer, a better researcher, better student and better person altogether. I am very, very grateful.

SHOULD I HIRE THIS DIVORCE LAWYER?

2009-08-26T13:15:00.003-04:00

Once you have found a divorce lawyer to potentially represent you, there are some important questions that you should ask, and some observations that you should make.

First, you should look to see if the lawyer has a website or a blog or both. If they have a website, see what type of information is posted on that website. Some lawyers will post a picture of themselves, give some information about different areas of law, give contact information. This is a good first step in researching the lawyer that you want to represent you.

Ask for a consultation

Most lawyers will give you a consultation--some will charge you for it, and some will offer it for free. It is important for you to meet with any potential divorce lawyer, because you have to determine if this is a lawyer that you will be comfortable with.

What to look for at the consultation

When you arrive at the office for the consultation--you should look around you at what the office looks like. It should be neat, clean, and organized. You should not be left waiting for a long period of time.

The lawyer should give you their undivided attention at the consultation--and you should not be interrupted. The lawyer should give you a brief description of Michigan law and divorce, and explain issues such as the filing fee, the waiting period, what issues need to be resolved in a divorce, and what county you would be filing in.

The lawyer should also tell you exactly how they would charge you for representing you--whether it is a flat fee or an hourly rate. The lawyer should tell you exactly what the flat fee includes and doesn't include, and if hourly, how the hour is billed (what type of minute increments), and what costs are charged as well. You should find out how often billings are sent out (monthly, quarterly), and how much time you have to pay the bill when it is sent.

The lawyer may charge you a retainer. Generally, a retainer is a prepayment of fees and costs, and all work performed after receiving the retainer comes out of the retainer. If the lawyer is charging a retainer, you need to know exactly how this retainer is going to be treated, and what happens when the retainer runs out.

The lawyer should also ask you who your spouse is, because the lawyer cannot meet with you if they have already met with or talked with your spouse. This is a very important question to ask the lawyer.

The lawyer you meet with should make you comfortable and should come across as confident, knowledgeable, and professional. They should listen to you and address your concerns without dismissing them, and should not be condescending or judgmental. You should like them and be compatible with t hem, because you will be working very closely with them for some period of time.

You should be aware that lawyers are often more relaxed with clients, and how they act with you does not reflect how they act in court or with other attorneys. Just because they are nice and accommodating to you does not mean that they are a pushover with the judges or other attorneys.

Keep in mind that your attorney will not ever speak to your spouse unless your spouse represents themselves. If your spouse has an attorney, your attorney will always speak to that attorney only.

What to ask at the consultation

You should ask a variety of questions, and here are some that are helpful:

how many family law cases does the lawyer handle?
how many people are on staff?
who will be working on the case, appearing in court, and handling settlement negotiations?
if the case went to trial, who would handle the trial?
how is the case billed? hourly? flat fee?
if hourly, what is the hourly rate for everyone?
is there a retainer, and if so, how much and what happens when it is depleted?
what costs are charged?
what are options for communicating with the lawyers?

The questions above are just some initial questions that the lawyer should answer in the consultation. There will likely be more questions you will want to ask once you are in the consultation.

I want to hire this lawyer, what now?

If you are pleased with the consultation--ask the lawyer how to go about having them represent you. All lawyers should be very clear that they will only represent you once a Retainer Agreement is signed. You should have a signed agreement setting out the details of what your legal representation will involve. The lawyer will often require a retainer as well. You should ask for a receipt for your retainer.

Lastly, but most importantly, you should make sure that you can afford your attorney. Often a divorce case is more expensive than you anticipate--and you need to make sure that you can afford the lawyer from the beginning until the end of the case. If you ever feel as though you are having difficulty meeting your financial obligation to the lawyer, you need to contact them to discuss it.

At the Alton Law Firm

We offer our clients free consultations for all issues. At that consultation we do give you a basic summary of the law as it pertains to your particular issue, and are very clear about what costs and fees and involved in representation. If you go to our website, you will see pictures of the attorneys, as well as pictures of the office so that you can see it ahead of time.

If you would like to schedule a consultation, please call Wendy at 248-615-5400, or email her at wendyalton@altonlawfirmplc.com.

Until next time.....

HOW DO I FIND A DIVORCE LAWYER?

2009-08-18T09:58:00.008-04:00

If you are contemplating a divorce, or your spouse has filed for divorce, the first thing that you should do is consult a lawyer. Most lawyers will offer a consultation--some for free and some for a charge. In that consultation, you can find out some information about Michigan law and divorce, but also find out if that lawyer may be a good fit for you and your case. What questions to ask the attorney in that first consultation will be the subject of the next blog. However, first things first.

Where do I find a divorce attorney?

In the electronic age that we live in, sometimes finding lawyers becomes easier--but sometimes it becomes harder. There is an abundance of information on the internet--some that is good, and some that is misleading. To simply--here are 3 possible sources for finding a divorce attorney.

1. Recommendations or word of mouth

Friends & Family
If you are comfortable talking to friends and family--this should be the first resource you look to for a possible attorney. Talk to friends that have recently gone through a divorce. They may recommend their own attorney, an attorney they saw in Court, or their spouses's attorney. (yes, this does happen!) Talk to family too--they may often have a referral for you, or know of someone who knows an attorney, etc.

Co-Workers
Again, if you are comfortable talking to someone at work--they may know if a divorce attorney and may provide you a potential referral. Most people know of someone who has gone through a divorce--and if the attorney really helped them--that attorney's name will be remembered.

Professionals
If you are seeing a counselor or a therapist--ask them for a referral. Often lawyers and therapists and counselors have professional relationships, and you may find that your therapist or counselor has some potential referrals for you. You should ask people at your church, including those in leadership positions. Sometimes churches have information on lawyers who attend their church, or have information about lawyers in the area. This is a good source as well.

If you are uncomfortable asking about attorneys for yourself, you can always make it non-personal by asking in general--maybe for a friend or family member. However, this is such an important source of names for attorneys. Knowing someone who has worked with the attorney is such valuable information, and whether or not that attorney will be a good fit for you--at least you have information about how they have helped someone you know.

2. Professional Lawyer Referral Networks

The State of Michigan and the individual counties in Michigan each have professional lawyer referral networks. Attorneys can submit their information to these referral networks, including a description of their areas of focus, their location, and their experience (among other things), and the attorneys are then put on a list as a potential lawyer in that area of law. The general public can then call a phone number and tell the referral network what type of lawyer they are seeking, and the referral network will give them a name of an attorney. The attorneys are referred on a rotating basis. Here are the numbers of local referral networks:

Wayne County--the Detroit Metropolitan Bar Association
(the attorneys registered here often practice in Wayne, Oakland and Macomb counties)
313-961-3545

Oakland County
248-338-2100

Macomb County
586-468-8300

Washtenaw County
734-996-3229

Genesee County
810-232-6000-338-2100

And finally, the State of Michigan also has a referral list. If you call this number, be very specific on the county that you live in. The State of Michigan referral list will also have contact information for attorneys outside of the metropolitan Detroit area.

State of Michigan Referral Network
1-800-968-0738

The referral networks are a good resource for locating attorneys, and the attorneys that are registered may even provide free, or lower cost consultations.

3. Advertising or the Internet

This is another potential resource for locating an attorney. Sometimes searching on search engines will provide information on attorneys in your area, and may show you websites or blogs of local attorneys. There are other sources for finding attorneys as well, like the Yellow Pages or Yellow Book--whether in paper form or online, the newspaper, local publications or newspapers, Craigslist, your church newsletter, your school newsletter, tv, radio..... etc.... the list goes on and on. While many attorneys you find this way will be unknown to you--if they have a website or a blog, it may provide you some initial information about them before you make the call.

I've found an attorney that I want to talk to--what do I do next?

Once you have located an attorney that you would like to meet--you should call them to find out if they provide an intial consultation. Some attorneys give this initial consultation for free (like the Alton Law Firm), and some attorneys charge a consultation fee. It is important to sit down with a potential attorney to talk with them and find out if this is someone you want to work with during your divorce--in fact, there are important questions to ask in this consultation, and those questions will be the subject of the next blog entry.

Long story short--divorce is emotional, stressful, conflict-ridden and life-changing. It is important to find an attorney to at least give you information on the divorce process, and important to find an attorney to represent you and your interests. Often there are complicated issues in even the easiest divorce cases--and an att.orney can help you sort through all of these issues.

This list of potential sources for finding an attorney is just a starting point. There are many attorneys out there, and many ways to find them. However, you do not need to feel as though the information is too overwhelming or in the alternative, feel lost. There are a number of ways to locate the right attorney for you.

If you live in the metropolitan Detroit area, and would like to schedule your consultation with the Alton Law Firm, please call us at 248-615-5400, or email Wendy at wendyalton@altonlawfirmplc.com. We would be happy to meet with you.

Until next time.....

YOU'RE REALLY A DIVORCE LAWYER?

2009-08-11T19:38:00.006-04:00

Yes, I hear that question all the time. And honestly, it is a question that I seriously asked myself when I first started focusing in family law (divorce & custody) 2 years ago. The answer is absolutely YES! I am so pleased that I can assist families during such a conflict-ridden time in their lives.

Putting aside any personal feelings about divorce and marriage, the fact is that many marriages end in divorce. It is by far one of the most emotionally challenging times of your life. If you have children, it can be even more emotional and upsetting.

What we provide for our clients is compassion, attentiveness, professionalism and affordability. We treat each client with patience and respect. We understand how difficult this time is, and we are here for our clients to try to work through those difficult times.

I have also been through divorce myself. I know how difficult it can be. It is my goal to help clients in this difficult time, and help them move toward healing.

This blog will be a source of information about the laws of Michigan as they relate to divorce and custody, and will hopefully provide clients and potential clients with valuable insight into options for getting through a difficult time...

If you have any specific questions you feel would be helpful to address on the blog, please email me at wendyalton@altonlawfirmplc.com. Thank you--and come back to visit often!