Family Law Blog

The family owned business is often the most valuable asset in a marriage. Most people have watched in horror as a family business is destroyed by the acrimony of a contentious divorce

When couples divorce and one or both have an interest in a family owned or closely held business, using the collaborative practice process can help assure continuity of the business by:

In Michigan, divorcing parents are legally obligated to support their children until they reach age 18 years or until they graduate from high school, whichever occurs later, provided the child graduates by age 19 ½ years and is enrolled in a program that will lead to a diploma. There are no exceptions for children who have special needs and may require continuing support past age 19 ½ years or past high school.

Divorcing parents can agree to do more for their children than the law requires. They can agree to support their children for as long as they wish. However, even good parents can lose the focus of working in the best interests of their children when they are caught up in a high conflict divorce. Often the primary caretaker parent may fear that he or she will lose the support of the other parent and be left as the sole support of their special needs child after the divorce.

Michigan, like many other states, does not provide a legal remedy for LGBT couples whose relationship is breaking down.  Many of these couples are not eligible to file for divorce to obtain property, custody of children, parenting time or support.  However, it is possible to get legal assistance once the couple signs a settlement agreement.  The courts will enforce contracts.

How does a couple who is in the throes of the high emotional conflict that accompanies a breakdown of their relationship get help? 

Two ways: 

1. Collaborative Practice
2. Mediation.

Effective September 23, 2010, health insurance coverage was extended until your children reach age 26 years, under health insurance reform legislation.

The law applies if the parent's employer already provided dependent coverage. Extension of coverage includes children even if they are not in college, do not live at home and are not claimed as dependents on a parent's tax return. Coverage even includes married dependents, but not their spouses or children.

At this time of year, taxpayers are particularly interested in tax deductions. If you have been paying for legal advice during your divorce, there may be some compensation in that a portion of those fees may be deductible.

Generally, attorney fees paid by individuals in the process of a divorce are not deductible on income tax returns. There are exceptions. Legal fees paid for obtaining taxable income, such as alimony or spousal support, or other income producing property such as investment income, can be deducted. Conversely, attorney fees expended in defending against payment of spousal support or alimony can also be deductible.

>You should ask your attorney for a statement of what portion of the fees that were paid during the tax year by you are deductible.Then present that to your income tax preparer and check with them to determine if they consider it a deductible expense.

Common myths and misconceptions in family law in Michigan.

Myth #2

If I move out of the marital home before the divorce is final, then I will lose my rights in the home and any personal property left behind.

Under Michigan law, there are well-known child support guidelines which provide a uniform system of calculating, in precise dollar terms, the amount of child support owed.  Basically, given a mother's income, a father's income, the number of children and certain other objective factors, the Michigan Child Support Guidelines generate a figure upon which the parties can typically rely as being a fairly accurate prediction of what their child support obligations actually will be.

Frequently, clients wish to know their "guidelines" for the spousal support they may owe or be owed.  In Michigan, there is no one-size-fits-all rule or formula for spousal support (sometimes called by its former name, "alimony").  Far from there being a uniform rule  for calculating spousal support, the Michigan Court of Appeals recently issued a decision making it clear that spousal support decisions must be based on a case by case basis.

When you see your marriage is in trouble, there are so many things to consider and worry about; impact on the children, where will you live, financial concerns.  You are probably talking to friends, attorneys, counselors and relatives to get help in figuring it all out.  These discussions usually occur on your phone and your email.  If you share a computer with your spouse, he/she can log on and read what you are saying about them.