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November 2012 Archives

Michigan Adoption Day particularly special for one family this year

Every family is unique. Different dynamics and situations create family units that are sometimes a far cry from what people would call a traditional family. Adoption is one of the special opportunities that creates these unique families and new, happier homes.

Quicken verdict on Fair Labor Standards Act Survives Appeal

A federal jury in Derroit disagreed with the 450 plaintiffs who claimed Quicken Loans owed between $4 million and $30 million to them in unpaid overtime. The jury found that the plaintiffs were administrative employees, not "glorified salesmen" with limited decision-making authority as plaintiffs claimed. The jury's finding meant the plaintiffs were exempt from the overtime standards of the Fair Labor Standards Act and as such, Quicken did not owe the "back pay." The plaintiffs fared no better before the 6th U.s. Circuit Court of Appeals, which affirmed the jury's verdict. It was a significant win for employers.

Women suffer loss of health care coverage after divorce

Healthcare issues are on the mind of many in Michigan, especially because of its prominence in the recent election. But a new study showed an interesting tie between divorce and healthcare. Over one million couples divorce yearly, and for over 100,000 women, this split might mean the end of health care coverage because many women get their coverage through their husband's policy.

Failure to pay child support places burden on taxpayers

Every child has a right to support from his or her parents. But for some reason, not all parents abide by their orders to pay child support, thus depriving their children of the right to support. In the United States, the amount of unpaid child support is shocking. According to the Office of Child Support Enforcement, $108 billion is the total amount of back payments owed to children in 2009.

Michigan Senate passes law focusing on child custody disputes

The Michigan Senate recently approved legislation that may have a large impact on family law issues within the state and even around the world. The legislation focuses on child custody issues and would prevent a parent involved in a custody dispute from removing the child to a country outside of the jurisdiction of the Hague Convention.

Understanding the Servicemembers Civil Relief Act

The purpose of the Servicemembers Civil Relief Act ("SCRA") is to allow the suspension of certain legal and administrative proceedings involving servicemembers who are unable to attend to their legal or financial obligations because of their military service to our country. The SCRA is a very technical law and failure to follow its dictates could result in a denial of a request for a stay. Stays are also not automatic, as the servicemember must demonstrate that he or she is "materially affected" because of his or her military service. Courts and counsel can find the law to be obtuse, but there are many good guides to the statute, including the "Michigan Judge's Guide to the Servicemembers Civil Relief Act," which can be found on-line. These guides are useful in helping counsel understand the requirements of the law, whether representing the military person in need of a stay, or the litigant opposing a request for a stay.

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