Former Detroit Piston Ronald 'Flip' Murray Convicted of Desertion & Abandonment

The Oakland Press has reported that former Detroit Piston Ronald ‘Flip’ Murray was prosecuted and sentenced for a criminal charge of desertion and abandonment, which is basically, unpaid child support:  arrested and jailed for unpaid child support:  Former Piston 'Flip' Murray owes Pontiac woman thousands in child support.  Murray was sentenced to 11 months in jail, but will only serve that sentence if he does not pay the child support that he owes, which is $53,053.

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.

In this particular case, the Michigan Attorney General instituted criminal charges of desertion and abandonment under state law, which can be found here:  MCL 750.161.  The maximum sentence if convicted is 3 years in jail.

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.

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 Named 2012 Super Lawyers Rising Star

Wendy Alton has been named to the 2012 Michigan Super Lawyers "Rising Stars" list as one of the top up-and-coming attorneys in Michigan for 2012.  The attorneys named as "Rising Stars" are attorneys who have demonstrated a high degree of professional achievement and peer recognition.  Wendy is an attorney with Ann Arbor Michigan law firm of Pear Sperling Eggan & Daniels PC, and focuses in family law, divorce, custody, probate & estate planning.

Each year, no more than 2.5% of the lawyers in Michigan receive the presitgious honor of being named a "Rising Star."  The selection process begins with a nomination from another lawyer who has personally observed that lawyer in action--either in a courtroom, as a co-counsel or an opposing counsel.  Then, the team at Super Lawyers, A Thomson Reuters business, conducts a rigorous investigation into the nominated attorney's credentials, assigning points based upon a set of defined evaltuation criteria.  This investigation also involves a statewide survey of attorneys and peer review.  The lawyers that rank the highest in this evaluation, survey & peer review are named to the "Rising Stars" list, and again, represent no more than 2.5% of the lawyers in the state of Michigan.

The "Rising Stars" list is published nationwide in the Super Lawyers magazine, and in other national publications, as well as online at the Super Lawyers website.  For more information, visit the website at superlawyers.com.

You can learn more about Wendy and her firm, Pear Sperling Eggan & Daniels PC, on their website:  PSEDLAW.COM.

Wendy S. Alton

visit superlawyers.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.

Paternity is Redefined in Michigan

Paternity in Michigan has been completely redefined. The law in Michigan since 1956 has presumed that a child born in a marriage was the product of that marriage. This presumption existed even if the husband was not the biological father, and that fact could be proven.

As of June 12, 2012, pursuant to a new law signed in by the Governor of Michigan, paternity can now be established by the biological father even if the child was born in a marriage. This new law grants biological fathers rights over presumed fathers (men presumed to be the father because the child was born during the marriage.

However, very specific circumstances have to exist in order for paternity to be established, and there are extensive requirements in place with the new law. The primary circumstance that must exist is that paternity must be sought within 3 years of a child’s birth, or within 1 year of the entry of an Order of Filiation (paternity), whichever is later. This is merely one requirement, and the remaining requirements are too numerous to list here.

There is also a provision in the law allowing paternity actions under the new act even if the 3 year requirement isn’t met, provided they are filed within 1 year of enactment of the new law, again, under specific circumstances.

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.

New Durable Power of Attorney Requirements in Michigan

On May 23, 2012, the Governor of Michigan signed a new law pertaining to Durable Powers of Attorney. The new law, Public Act 141 of 2012, lists new requirements for Durable Powers of Attorney, which become effective for all Durable Powers of Attorney signed after September 30, 2012.

A Durable Power of Attorney is a legal document that designates an agent who can act on your behalf for all of your financial transactions. Most of the time, Durable Powers of Attorney are effective only upon someone’s disability.

The new law requires that two witnesses sign the Durable Power of Attorney, or that it is notarized, or both. Further, the Durable Power of Attorney is now not effective unless the designated agent signs an acceptance of designation that sets forth all of their duties. This is the most significant change in the law.

While the law is only prospective and has no legal effect on Durable Powers of Attorney signed before October 1, 2012, it is highly probable that the banks will begin to refuse to honor any Durable Powers of Attorney that do not comply with the new requirements. It is a good idea to have an attorney look at your Durable Power of Attorney or revise it to comply with the new law, thus eliminating any potential problem in the future.

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 on Spying on Spouses

I was recently interviewed by Carlton Purvis of Security Management Magazine, on different types of technology that spouses use to spy on each other--particularly in divorce settings.  Michigan has rather strict laws regarding such surveillance, and typically the surveillance doesn't matter as much to a divorce case as people generally think.

That being said, the article is available here:  Why Valentine's Day Surveillance May Not Be a Good Idea

For more information on the Leon Walker case, out of Oakland County, read my previous blogs:

Reading your Spouse's emails:  Snooping or Hacking?

Reading your Spouse's Email Could be a Crime



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.

Reading your Spouse's Email Could be a Crime

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:

1. 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;
2. 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;
3. 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;
4. 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, 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.