Introducing Wendy Alton Family Law & Mediation PLC

 

As of October 1, 2020,

I have transitioned to solo practice at
Wendy Alton Family Law & Mediation PLC 

I will continue to focus solely in family law in Washtenaw County, Michigan.

As both an attorney and a mediator, I am dedicated to empowering clients

to make the best decisions they can as they navigate

through the emotional, financial, and legal aspects of a divorce.

I am happy to assist and represent clients in traditional litigation,

negotiated settlements, mediation, arbitration, and collaborative divorce.

I am also available to assist family law attorneys and clients as a mediator.

Please reach out to me if you have any questions, would like to discuss a

family law issue, or would like to inquire about my mediation services. 

Feel free to pass this along to anyone who would be interested.

Thank you for your support - and I look forward to working with you!

Wendy Alton Family Law & Mediation PLC

455 E. Eisenhower Pkwy, Ste 300

Ann Arbor, Michigan 48108

call or text: (734) 673-3567

email:  wendy@wendyaltonlaw.com

https://wendyaltonlaw.com

Michigan Custody and Parenting Time During COVID-19

On March 23, 2020, in response to the COVID-19 outbreak, Michigan Governor Whitmer issued Executive Order 2020-21 which was a “Stay Home-Stay Safe” order requiring Michigan residents to shelter in place and restrict travel.  The Order was scheduled to expire on April 12, 2020, however, the Order may be extended and Governor Whitmer indicated on April 6, 2020 that an announcement may be coming shortly.

Many parents have had questions about how this Order affects custody and parenting time.  First and foremost, if you have specific questions, you should seek the advice of an attorney.  However, there are some resources providing general guidance and clarification for handling custody and parenting time issues during this “Stay Home-Stay Safe” order.

First and foremost, Executive Order 2020-21 allows for the transportation of children between homes pursuant to a parenting time agreement.  This is stated in section (7)(b)(4).  Even though we are required to shelter in place, parents can drive children to and from homes pursuant to their custody and parenting time agreements or court orders.  The “Stay Home-Stay Safe” order itself is not grounds for refusing to comply with a custody/parenting time order or agreement.

The Michigan Supreme Court provided some guidance on March 16^th prior to the “Stay Home-Stay Safe” order.  That guidance, found here, encouraged parents to work together to keep things as normal as possible for their children.  To the extent that parents can’t agree otherwise, the written agreement or order still applies and should be followed.

 On April 2, 2020, the Michigan State Court Administrative Office published FAQs about Custody and Parenting Time During the COVID-19 Outbreak.  The most frequently asked questions about custody and parenting time are addressed, along with a helpful list of resources and information.

What happens if parents don’t agree, or a parent is violating the custody/parenting time court order or agreement?  With the “Stay Home – Stay Safe” order in place, most courts are closed or are only handling emergency issues.  It is crucial to check the website of the courthouse for updates and information, and/or speak to an attorney for guidance. For example, Washtenaw County Judges are hearing some emergency issues via video conferencing with ZOOM.  The procedures for the Court are detailed on their website here.  However, as the situation is frequently changing, check back often for updates.

I can help you with your family law needs. I am working remotely during this time of shut-down, and can be reached by email at walton@psedlaw.com, or by phone at 734-328-2858.

Divorced or Unmarried Parents and COVID-19 Federal Economic Impact Payments

On March 27, 2020, the CARES Act was enacted to financially assist American families and business affected by COVID-19.  The most widespread relief will come in the form of economic impact payments, and those payments are being issued immediately.  With some exceptions, the payments are $1,200 per adult and $500 per child.  The details of the payments can be found on the IRS website:  Economic impact payments:  What you need to know.  

What happens if you are divorced?  Who receives the payment?  What if you are divorced with children?  Or unmarried with children? What then?  These are all very important questions and there are some 

If you finalized your divorce after you filed your 2019 tax return, then you should know that the payments will be issued pursuant to that 2019 tax return, either by direct deposit or by check mailed to the address on the return.  However, each adult is entitled to their own payment so if this is the case, you should reach out to your ex-spouse or seek the advice of an attorney. 

 What about the $500 payments per child if you are divorced?  Again, the guidelines state that these payments are issued based upon the 2019 tax return, or if not filed, the 2018 tax return.  That means that whoever claimed the child in 2019 would receive the payment (or 2018 if 2019 has not been filed).  Specific questions about these payments should be directed to your attorney, as this issue is more complicated and may require further legal analysis.

I can help you with your family law needs. I am working remotely during this time of shut-down, and can be reached by email at walton@psedlaw.com, or by phone at 734-328-2858.

Wendy Alton now certified in Collaborative Divorce

Attorney Wendy Alton is now trained and certified in Collaborative Divorce Law.  Collaborative Divorce is an out-of-court process for resolving the emotional, financial, and legal aspects of a divorce.  The divorcing couple commits to hiring a team of collaborative professionals who then work with the couple throughout a series of meetings in order to develop a mutually agreeable durable settlement.  

The collaborative process requires full disclosures of all financial issues, a commitment to stay out of court, and the engagement of a team of two collaboratively trained attorneys (one for each spouse), a neutral mental health professional (divorce coach), and a neutral financial specialist.  This collaborative approach allows the divorcing couple to utilize the professional collaborative team as necessary to work through emotional, financial, and legal issues within the divorce, and successfully reach a workable settlement that they both can comfortably agree to.  While the collaborative process is not for everyone, it can be a successful way for some couples to divorce more amicably. 

Wendy Alton is also a trained and certified family law mediator and a trial attorney with over 17 years of experience. If you have questions about the divorce process, contact Wendy and she can explain the options available to you, including traditional litigation, negotiated settlement, mediation, arbitration, and collaborative divorce.

Divorcing in Michigan Now requires Full Financial Disclosures

Divorces can be expensive, especially when one spouse has to conduct extensive discovery, or in other words, send the other spouse numerous requests for information about their income and assets.  While some spouses do openly share this type of information, some do not, and that lack of sharing of information can be one of the leading causes of higher attorney fees.

The Michigan Supreme Court, however, has recently revised three Michigan Court Rules in order to streamline and simplify the exchange of financial information in divorces.  Effective January 1, 2020, divorcing spouses must now automatically provide full financial disclosures under oath of their employment, income, assets and debts.  They are also limited in the type of discovery they can use, and discovery use or abuse can be a basis for a request for attorney fees.

 First, MCR 3.206(C) was revised to include a provision that within 28 days of the filing of the Answer to the Complaint for Divorce, divorcing spouses must fill out and exchange a Domestic Relations Verified Financial Information Form.  

Here is the form:  https://courts.michigan.gov/Administration/SCAO/Forms/courtforms/cc320.pdf.

This form requires full disclosures of employment, income, assets, and debts.  It must be signed under oath in the presence of a notary.  The form also requires that documentation be attached:  recent paystubs and tax returns, and recent statements for credit card or loan accounts.  

Second, MCR 3.201(C) was revised to include a limitation on formal discovery in the form of interrogatories.  Interrogatories are a type of discovery in which formal written questions are submitted to the other spouse.  While one used to be able to send as many interrogatories as desired (within reason), divorcing couples are now limited to 35 interrogatories.

Third, MCR 3.206(D) was revised to allow for a request and award for attorney fees for spouses who lack the ability to pay for appropriate discovery, and for spouses who are on the receiving end of discovery conducted in violation of the Michigan Court Rules.

The revisions to the discovery process should help move cases along more quickly as the exchange of financial information is required early in the case.  It should also help to conserve costs within the divorce, particularly as those costs are usually paid out of the joint marital estate.  It should also help clarify the grounds for the basis of attorney fee requests.  Divorce is a stressful process, and these not so minor court rule revisions should help alleviate some of that stress.