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 quoted by ABC News

I was recently interviewed by Patrick Clarke of ABC News, and asked to comment on Senate Bill 896, moving through the Michigan Legislature.

The article can be found here:  Michigan May Repeal Old Law Against Unmarried Living Together


If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.

Career Move

On September 4, 2012, I will begin a new chapter in my career as I join the Ann Arbor, Michigan, law firm of Pear, Sperling, Eggan & Daniels, P.C.  I will still be focusing in family law (divorce & custody), estate planning (wills & trusts), and probate (estates, guardianships & conservatorships).  While I will miss the team at Fausone Bohn, LLP and 18th District Court in Westland, I am excited to be joining such a wonderful firm.

Pear, Sperling, Eggan & Daniels P.C.

Making College Expenses a Priority after Divorce

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 child support, divorce or family law, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com. 

Al & Tipper Gore and the Silver Divorce

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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, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.

 

More Married Women are Bringing Home the Bacon

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, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.

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

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?

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 Pear Sperling Eggan & Daniels

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 are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.

HOW DO I FIND A DIVORCE LAWYER?

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 are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.

YOU'RE REALLY A DIVORCE LAWYER?

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 are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.