And, not surprisingly, state laws on divorce and family law can have significant differences.
Oakland County child custody lawyers know, for example, that Illinois and Michigan have quite different child support laws.
When calculating the amount of child support, most states factor the amount of parenting time a non-custodial (or non-residential) parent has with the child.
Michigan follows that general rule. This means that in Michigan, child support is not based only on the non-residential parent's income. It is also based, in part, on how many overnights the non-residential parent has with the child.
In Illinois, however, child support is calculated differently. Child Support is based solely on the income of the non-residential parent. That parent pays a fixed, specified percentage, no matter how much time he or she has with the child.
]]> In some cases, the type of calculation used to determine support can make a big difference in the amount of support that is awarded. In Michigan and other states that take account of parenting time in determining support, a non-residential parent who spends a lot of time with the child could end up paying a lot less than such a parent would in Illinois.This is only one example of how states can differ in their divorce laws. There are many other ways states can differ, on issues that include property division, inheritance rights and so on.
Source: "How States Differ on Divorce Laws," Cindy Vanegas, Fox Business, 5-7-12
]]>Farmington Hills divorce lawyers and others who care about children in a divorce are aware of the importance of such mitigating steps.
The most important things to remember are very simple. Divorce does not give permission to hate your former spouse. Harboring hateful thoughts provides no benefit to anyone. In fact, it usually harms both parents and children. Both parents must be able to work together on the specific problems they face and make children the first priority. Parents should involve children in the process and present divorce as a problem everyone is working together to solve.
Communication with children is also important. Parents should engage in frequent and consistent contact with their children, unless it is absolutely impossible to avoid conflict.
]]> Money is one of the biggest issues in a divorce. Children may not understand why they must adjust to a different standard of living. Parents need to keep this in mind during the adjustment period. Additionally, moving a household is one of the most stressful parts of a divorce. Parents should move or change households as few times as possible to maximize stability for children.Finally, divorcing couples should remember to take care of themselves during the process. Stress that affects parents necessarily affects children as well. Children's well-being is directly related to how the custodial parent adjusts after the divorce.
Keeping these guidelines in mind can help divorcing couples maintain a low conflict level throughout the divorce process. This will help achieve the best possible outcome for the children involved.
Source: "The 'Good' Divorce," Christine Carter, Huffington Post, 4-3-12
]]>Oakland County child custody lawyers know, however, that when there are children involved and the biological parents are far apart, visitation rights issues can be difficult to resolve. But now, there's a way to make things easier in appropriate cases. The era of virtual visitation is here.
There are more than 18 million children in the United States today who live with only one biological parent due to divorce. Because of relocation, there are nearly 10 million children who do not see one of their parents face-to-face on any kind of regular basis.
Technology has the potential to at least partially bridge the gap between non-custodial parents and their children. By using social media sites like Twitter and Facebook, and free services such as Skype, parents and children have a better chance of staying connected.
It may not be the same as seeing one another in person, but it is certainly better than no contact of any kind - especially during a child's formative years.
]]> Virtual visitation was first used in the 1990s, and the number of courts agreeing to and requiring virtual visitation has grown steadily over time. Many parents may allow this kind of contact, even if the law does not specifically require it.The trend toward greater use of virtual visitation is likely to continue. It has become a legal right for non-custodial parents in six states. More states are expected to follow suit, as there are currently efforts in twenty-two more states to create virtual visitation laws.
Source: "Virtual visitation: a sensible child custody option," Myra Fleischer, Washington Times, 4-15-12
]]>In the last 50 years, the number of couples living together outside of marriage has gone up almost exponentially, from 450,000 in 1960 to over 7.5 million today.
Of course, some of those couples never marry. But many do, and cohabitation comes before more than half of all marriages in America.
To many young people in their twenties, this seems like a prudent step. After all, marriage is a big commitment. The premise, then, is that if the trial period of testing compatibility during cohabitation is a pragmatic way to avoid the pain of divorce.
The empirical evidence, however, indicates otherwise. Research shows that couples who have lived together before marriage tend to be less satisfied with their marriages when the knot is finally tied. They are also more likely to divorce - to untie that knot - than couples who did not cohabitate.
Why does cohabitation have this effect? Researchers are not certain. But they suspect that part of the cause may be due to cohabitation itself - which sometimes comes about without sufficient forethought and commitment.
]]> For example, suppose two people in a dating couple are sleeping over at each other's places frequently. They may end up moving in together because it's more convenient, as well as more economical.Social scientists see this scenario so often they even have a term for it: sliding, not deciding.
Source: "The Downside of Cohabitating Before Marriage," Meg Jay, New York Times, 4-14-12
]]>As Michigan employment discrimination law attorneys, however, we are concerned about recent employment decisions made by the Bay City Police Department.
Our firm is representing William J. Blood, a former Bay City officer, in an age discrimination lawsuit. Mr. Blood worked for the department for six years before he was dismissed in 2010 at age 43.
After dismissing Blood, the Bay City Police Department hired a younger officer to replace him. Blood has already filed an age discrimination complaint with the Equal Employment Opportunity Commission.
Mary A. Mahoney of our firm is representing William Blood in his age discrimination lawsuit against Bay City. The suit contends that Blood's supervisors repeatedly wrote him up for minor infractions based on specious, unfounded factual assertions by management.
William Blood's wife, Jennifer Blood, is also a former Bay City police officer and has also filed a lawsuit against the department. She charges sex discrimination in her termination, which came only a week before her husband was also terminated.
]]> Jennifer Blood's suit contends that she was treated differently than similarly situated male colleagues and subjected to derogatory sexist comments by supervisory personnel.At issue in these cases, then, are age discrimination and sex discrimination. They call into question the fundamental fairness of the Bay City Police Department's personnel policies. This includes its commitment to an even-handed application of a progressive discipline policy for police officers.
Source: "Former Bay City police officer sues city alleging age discrimination," Cole Waterman, MLive, 3-30-12
]]>Much depends on the individual case, of course. Sometimes failure to pay involves hiding assets. Determined forensic accounting can often uncover money and other property in those cases.
Other times, however, it can be less clear whether the person ordered to make support payments actually has the money to pay them.
This may be the case with former Detroit Pistons player Dennis Rodman. Oakland County child support lawyers are following with interest the attempt by one of his ex-wives to get Rodman to pay substantial sums of unpaid support.
Dennis Rodman reportedly owes Michelle Rodman, one of his ex-wives, over $800,000 in back child support, as well as more than $50,000 in spousal support. The couple's two children are ages 10 and 9.
Dennis Rodman is facing a possible 20 days in jail for failure to pay.
]]> Dennis Rodman argues, however, that there are valid reasons why he has been unable make the support payments. Linnea Willis, an attorney speaking on his behalf, asserts that Dennis Rodman has health problems. She said she is representing him pro bono and that Rodman barely has enough money for his own living expenses.One of the complicating factors in the case is that Dennis Rodman also has sizable child support payments for a child from a previous relationship.
Michelle Rodman was Dennis Rodman's third wife. One of his previous marriages, to the actress Carmen Electra, lasted only nine days.
Source: "Dennis Rodman 'broke,' 'extremely sick,' his attorney says," Los Angeles Times, 3-27-2012
]]>A divorce expo is unlike other types of expos because a divorce expo's purpose is not to promote divorce but to offer support and resources. People who have gone through divorce have life experience that people who have not divorced will never know. It makes sense then that divorced people should have access to services that are particular to them.
Divorce expositions serve as a place to network and build support as individuals adjust to their new life after divorce. Even though divorce is common in the United States, some individuals who have gone through divorce say there can still be a stigma. As attendees become part of a group with a shared experience, they can feel more comfortable and attend panels and visit booths that address legal and financial issues. Attendees can even receive tips from dating coaches.
]]> One 43-year-old mother who was interviewed by the Wall Street Journal about her divorce exposition experience said it was so beneficial that she delayed the court date to finalize her divorce so that she could be more informed. The mother found the expo to be informative and found the social aspect of being a part of something to be particularly attractive.Another divorced mother looked forward to getting advice on how to manage her relationship with her former husband and how to rediscover herself. As the 37-year-old mother put it, the exposition is "really helpful to surround yourself with people in the same situation and learn from their experience."
Source: The Wall Street Journal, "Divorce Enters Expo Age," Sumathi Reddy, March 28, 2012
]]>The case involves a traffic stop that turned into what attorney Jay Schwartz describes as an "abuse of government power." The arrest and subsequent prosecution were an abuse of power, Schwartz believes, because they falsely targeted a specific individual for unfounded reasons.
The traffic stop in question occurred in 2009. Jeffrey Schroder, a former assistant attorney for the city of Warren, was arrested by two Warren officers, Stephen Colegio and Dwight Booms, on February 13, 2009 on suspicion of drunk driving.
An expert witnesses later testified that there were numerous improper procedures in this arrest. For example, an independent blood test on the night of the arrest showed that Mr. Schroder's blood alcohol content was below the legal limit.
Although the Macomb County Prosecutor's Office chose to press charges, it took a jury only 15 minutes to acquit Jeffrey Schroder in September 2009.
Attorney Jay Schwartz told the Detroit Free Press this week that, in his view, there was a "witch-hunt" that targeted his client. The reason for the targeting was apparently that Warren Mayor James Fouts thought that Jeffrey Schroder was critical of his administration.
]]> Mr. Schroder denies that he made remarks critical of the mayor or that he was involved with a website that disparaged the mayor.At the time Jeffrey Schroder was arrested, Kelly Colegio, the wife of one of the officers who arrested him, was an assistant to Mayor Fouts.
Source: "Ex-city lawyer suing Warren, 2 officers over 2009 drunken-driving arrest," Peggy Walsh-Sarnecki, Detroit Free Press, 3-19-12
]]>Farmington Hills divorce lawyers are familiar with the particular challenges that marriage dissolution entails for people of this age. Financial challenges in establishing separate households are one factor. So are feelings of rejection and struggles to form a new identity when a long-term marriage ends.
Meanwhile, researchers are trying to better understand the risk factors for divorce later in life. Two of these researchers, Susan Brown and I-Fen Lin, have co-authored a paper called "The Gray Divorce Revolution." They are sociologists at Bowling Green State University in Ohio.
One of Brown and Lin's findings is that one of the reasons why the divorce rate has risen among older Americans is that so many of them have already been divorced before. The chances of a second or subsequent marriage ending in divorce are much higher than for first marriages - 150 percent higher.
]]> Another risk factor for gray divorce is more recent marriage. The data show that nearly half of people over 50 who got divorced in 2009 had been married for less than 20 years.Infidelity is also a factor in gray divorce, just as it is for divorce at other ages. AARP conducted a survey in 2003 of over 1,000 people who had gotten divorced between the ages of 40 and 60. More than in 4 of them - 27 percent - said cheating was one of the causes.
Source: "What Are the Risk Factors?" Carl Bialik, Wall Street Journal, 3-3-12
]]>A QDRO is a qualified domestic relations order and is necessary to divide all qualified retirement plans. Qualified plans are those plans that are governed by the Employee Retirement Income Security Act of 1974 (ERISA).These plans receive special tax-qualified treatment and employers who maintain them must comply with ERISA guidelines. Qualified plans include 401k's, 403b's, 457 plans, profit sharing plans, and qualified defined benefit pension plans.
The simplest type of qualified retirement plan is a defined contribution plan. In this type of plan, the employee (and sometimes the employer) puts money away on a pre-tax basis into an investment account that will grow (hopefully) tax deferred until retirement. This is important, because when determining how to equitably divide the martial estate, counsel must take into consideration the difference in value between pre and post-tax assets. Having a $100,000 401(k) account (pre-tax) is not the same as having a $100,000 after-tax savings account. This is so because the retirement account funds will be taxed when they are removed from the account. Thus, attorneys should think about (and negotiate for) what tax rate should be considered in relation to the retirement funds, and make adjustments in the division of the estate accordingly. For example, if the parties are dividing the $100K retirement and savings account, the amount of cash from savings awarded to the spouse receiving a share of the retirement via QDRO should be adjusted to make up for the 23% income tax (or whatever rate should be considered) on that spouse's share of the retirement account when taken.
The spouse receiving her share of retirement via QDRO is deemed the alternate payee, and depending upon the plan administrator's policy, may usually roll her share over into her own account or take a lump sum distribution. Taking a lump sum distribution prior to pre-59 ½ distributions via QDRO is the only time the alternate payee can avoid the 10% penalty under IRS Regulation 72tc. It is important to recognize that this benefit is only available to the alternate payee, not the spouse retaining the balance of the retirement (the participant). And it does not apply if the alternate payee rolls the account over into a separate retirement account first.
Tax advantaged plans, like IRA's, can't be divided via QDRO and the ability to take a lump sum without incurring the 10% penalty does not apply to these types of plans. Each IRA plan typically has its own transfer forms for dividing accounts pursuant to divorce. An attorney should be sure to get this information from the IRA administrator well in advance of entering a final judgment to ensure smooth transfer of funds after divorce.
Other issues to be addressed in a QDRO are the date of division, whether to consider market gains/losses from date of division to date of distribution, designation of survivor benefits, whether the alternate payee will receive cost of living and other post retirement increases, etc. All of these are important issues that must be decided prior to drafting the QDRO to avoid surprises and unhappy clients at the time of retirement.
NEXT TIME: Dividing Pensions via QDRO.
]]>Oakland County child custody lawyers are familiar with this process, because it occurs in Southeast Michigan as well as across the country. In disputes over custody, teachers are sometimes called as witnesses in court to give evidence about the degree of involvement that a particular parent has in his or her child's education.
When parents have separated, there is a risk that one of the parents will be shut out of decisions about a child's school work and activities. This is particularly true for a parent who does not have physical custody.
It is often the mother who volunteers at school and takes a more direct role than the father in making sure that homework gets down. In a battle over custody, this can make the dad seem disengaged to the court. Custody and visitation rights attorneys know that these situations need to be handled with care.
]]> If there is a temporary custody arrangement in place, it can be tempting for the non-custodial parent to use parenting time for playtime. After all, being a homework taskmaster isn't always a recipe for winning a popularity contest with the kids.But it's important to recognize just how important homework - and school in general - really is. In a highly competitive global economy, school is the gateway to success. And parents need to know that their level engagement with what happens can have many consequences.
Source: "Want Custody of Your Kids? Get Involved With Their School!" Huffington Post, 3-8-12
]]>Oakland County child custody lawyers are following an Ohio case that gained national attention this week. The case involved a husband in a divorce case who vented about his case on his Facebook page. In a post last November, Mark Byron complained about women's tactics in custody cases.
As subsequently reported in Forbes and other media outlets, his post said that ". . . if you are an evil, vindictive woman who wants to ruin your husbands life and take away your son's father from him completely - all you need to do is say that you're scared of your husband or domestic partner. . ."
Mark Byron had blocked his soon-to-be-ex-wife, Elizabeth Byron, from his Facebook page, but she learned of the post anyway.
]]> Elizabeth Byron had previously obtained a civil protective order against Mark Byron from the court for alleged threats of violence and repeated instances of verbal abuse.After Mark Byron's Facebook rant, Elizabeth Byron argued that Mark had violated the protective order.
The judge gave Mark Byron a choice. Mark Byron could either serve a 60-day jail sentence or make a clear apology to Elizabeth Byron on his Facebook page.
In order to avoid the jail sentence, Mark Byron posted the apology. It must remain there for 30 days, under the terms of his agreement with the court.
Free speech experts around the country expressed concerns about the precedent of a court ordering someone to post something. The apology that Mark Byron posted was written not by him, but by the judge.
Source: "Ex-husband gets choice of jail or a Facebook apology," USA Today, 2-23-12
]]>If you smoke around your child, it could mean that you are less likely to get full or even joint custody. Conversely, if you don't smoke but your spouse does, it could mean you are more likely to get custody.
According to a national survey conducted by a group called Action on Smoking and Health, 18 states have already determined that exposing a child to tobacco smoke is a relevant factor when courts must decide who gets custody.
Numerous courts have also issued specific orders prohibiting a parent from smoking in a child's presence. Many of these orders involve motor vehicles, where the enclosed space makes second-hand smoke an especially serious concern.
In some cases, a child custody or visitation rights arrangement may include a provision that orders a parent to stop smoking in a home from 24 to 48 hours before the child gets there.
]]> The survey by Action on Smoking and Health found that violation of such orders can be grounds for the modification of a child custody agreement. Parents can conceivably even lose custody or have visitation curtailed if the court finds they have subjected a child to too much smoke.Civil liberties advocates are concerned that courts in these cases are intruding on personal decisions. But the trend is clear.
Source: "Smokers losing child custody cases a growing trend," Washington Times, 2-21-12
]]>This includes Oakland County child custody disputes. Do you suspect that your ex-spouse is having an inappropriate relationship that should negatively influence his or her case for custody? It may well be that text messages are available to document the problem.
According to a recent survey, more than 9 of 10 attorneys think the use of evidence from mobile phones has increased dramatically in just the last three years. The survey was conducted by the American Academy of Matrimonial Lawyers (AAML).
The president of the AAML, Ken Altschuler, told MSNBC that text messages are often "the most incriminating pieces of evidence because they are regularly composed at the spur of the moment and can reflect raw emotions."
Evidence taken from Facebook and other social media platforms is also increasing rapidly in divorce cases. More than 8 of every 10 AAML members reported an increase in that type of evidence in 2010.
]]> more. More and more people have become tethered to their smartphones or other electronic device of choice. And few people pause to erase improper material from their phone records. The records pile up, often documenting indiscretions.The result can be an evidentiary boon to the other side when the divorce process begins.
Source: "Divorce lawyers see more phone evidence, especially texts," MSNBC, 2-10-12
]]>The trend seems likely to continue as well. From 2009 to 2010, the Pew study found, the number of new marriages dropped by 5 percent.
These figures don't necessarily mean that great numbers of people are choosing to live alone. Instead, the number of cohabitating couples is large and getting larger.
The U.S. Census bureau estimated that in 2010, there were 7.5 million opposite-sex couples living together outside of marriage. This was a 13 percent increase from 2009.
Couples who choose to live together should closely consider, however, the consequences for their property rights if the relationship goes sour. It may make sense to get a cohabitation agreement in place. As Michigan property and debt division attorneys, we see the impact every day of the choices people have made about how to structure their relationships.
]]> You might think that you don't need to use a legal contract to define your home-sharing arrangement. But if you don't have an agreement in place, you could lose out on important property rights that married couples take for granted.For example, if you are cohabitating and the relationship dissolves, questions will arise about who gets which property and who owes which debts. The specific property in question could be a specific item, like flat-screen TV or a pet. It could also be something of great monetary value, such as a retirement account.
Even if you are the spouse with the higher-income producing skills, a cohabitation agreement play a useful role. It can do this by limiting your potential liability for a broader settlement in the event that you are your cohabitating partner split up.
Source: "Cohabitation Rights for Unmarried Couples," FindLaw.com
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