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.

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.

Does Remarriage Automatically Terminate Spousal Support?

One of the most frequent questions our divorce clients ask is: “Does spousal support automatically ends if the person receiving support remarries?”

The law states that unless you agree to other terms in your divorce judgment, a remarriage is considered a change in circumstances. The court may terminate spousal support if the person receiving support remarries. MCL 552.13. It’s not an automatic termination, but remarriage is a change in circumstances that authorizes the court to end spousal support if the court chooses to do so.

You can also agree in your divorce judgment that spousal support will end when the person receiving support remarries. If this is the agreement, then support would end upon remarriage.

If a remarriage is a change in circumstances for either modifying or terminating spousal support, what exactly is considered remarriage? That may seem like a straightforward question, but it was a question that went to the Michigan Court of Appeals in the case of Lueck v Lueck, a published case decided in May 2019.

In Lueck, the husband and wife agreed in their divorce judgment that spousal support would continue for a set amount of time or “until wife remarries.” After the divorce, the wife met someone special and had a religious commitment ceremony at her church where they exchanged traditional vows and rings. However, there were no witnesses and they didn’t apply for a marriage license.

The husband who had been paying spousal support filed a motion with the court to terminate spousal support because the wife remarried. The husband argued that the divorce judgment referenced remarriage as a termination event, not just a “legal marriage,” and the commitment ceremony was essentially a marriage ceremony. After a full evidentiary hearing, the trial court agreed with the husband and concluded that the wife’s actions were done to defraud the court and circumvent the divorce judgment so that she could continue to collect spousal support. The court determined that equity required that spousal support be terminated.

The wife appealed the trial court’s decision. The Court of Appeals disagreed with the trial court and overturned the ruling. The Court of Appeals cited to Michigan law, which states that Michigan doesn’t recognize common law marriage. A marriage license is required in order to legally marry in Michigan. MCL 551.2; MCL 551.101. The only marriage recognized under Michigan law is one that is based upon a marriage license. The Court of Appeals stated that the divorce judgment was unambiguous when it referenced remarriage, as marriage could only mean legal marriage pursuant to a marriage license. The wife could continue to collect spousal support as she wasn’t legally remarried.

The husband has asked for leave to appeal to the Michigan Supreme Court, so stay tuned!

Fraud as Basis for Annulment

The Washington Post has reported that the Kim Kardashian and Kris Humphries divorce has been taking over a year—mostly due to the fact that Kris Humphries is still compiling evidence to support his claim that the marriage should be annulled because of fraud.  But what type of fraud is he actually alleging?  As of right now, no one really knows.

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

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

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

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

Voidable marriages in Michigan mean marriages that can be voided for fraud, duress, sterility and impotence.  Sterility and impotence must be incurable.  In order to have your marriage annulled for these reasons, you must file for an annulment within two years of the marriage.  Examples of fraud and duress are as follows:

• You marry someone to obtain a green card (for immigration purposes only).
• A person is induced to marry because they are told that a child is biologically theirs, and this turns out not to be true.
• You marry under the influence of drugs or alcohol.  
• You marry someone who is barren or sterile and they do not tell you.
• You marry because you are threatened.  (duress)

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

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

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

Read the Washington Post article here:   “Kim Kardashian’s divorce inches towardtrial, star’s attorney says she’s ‘handcuffed’ to ex"

If you are interested in learning more about family law or divorce, or have a question about those issues, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com, or visit the firm's website at www.psedlaw.com.  Wendy Alton is an attorney at the law firm of Pear Sperling Eggan & Daniels, P.C. in Ann Arbor, Michigan.