Family Law Blog

Every child in Michigan has two fundamental rights: the right to have a relationship with each of his or her parents, formulated to be optimal for that particular child; and the right to be financially supported by both parents. This article focuses on the method by which Michigan calculates the appropriate amount of financial support parents are required to provide for their children, and highlights some significant recent changes in the Michigan Child Support Formula.

When O, the Oprah magazine, focuses on new trends in divorce and personal finance, you know that the trend is on its way to mainstream acceptance. (See "Divorce, Interrupted" in O, The Oprah Magazine, May 2009.) For many couples on the verge of divorce confronting today's harsh economic realities, the time is right to reconsider old notions of divorce as a "battle" to be played out a with maximum drama in a public courtroom. In any divorce, careful legal protection of the parties' interest is absolutely critical -- but there is no reason why legal "protection" must be needlessly expensive or damaging to families. It's becoming increasing popular to use legal methods that are smarter, more private and more effective.

Mediate First. The worldwide financial crisis has taken a huge toll on families' investments and home equity balances. The good news is that this may be the perfect time to rethink, as a society, how we handle troubled marriages and divorce. Mediation is gaining acceptance as the smarter, more responsible and more affordable alternative to traditional divorce proceedings (and the "battle" mentality).

Most people new to divorce have no idea how to frame statements or create options without reacting judgmentally. Some attorneys can provide useful ideas about how to do this or role-play it with you. Or, perhaps more effectively, you can seek out a divorce coach who can teach you these skills. You will not regret this learning as it will stand you in good stead in future difficult discussions throughout your life, e.g., with your boss, your children, or your colleagues.

• Have a theory of your situation.
  • It is not sufficient to say that you have been the primary caregiver or that your spouse has the capacity to earn a reasonable living.
  • You must put your theory into the context of the future family, livng in two households.
  • If we wish to continue the fine job we have done of raising our children without a lot of outside help, it might be wise to to continue the children in my primary care for a year or two while I upgrade education/license/professional network.
• Do a budget for your future. The link to the one we use at Nichols, Sacks, Slank, Sendelbach & Buiteweg, PC is here.
  
  • Work from raw data when possible, such as utility bills, mortgage statements, insurance invoices, tax bills, etc.
  • Does your budget take into account the needs of your spouse? It is not realistic to prepare a budget that needs all or a huge percentage of the families after tax income for your household while the other spouse has less than enough to meet basic needs.
  • Are you reasonably aware of your income from all sources?

Your house does not just provide shelter to your family. To many people, it represents your standing in the community. Just having a house is a big source of pride to people. It provides relatively more space, storage and privacy than renting an apartment. People have very strong emotional attachments to their homes. For many people, it’s very hard to consider leaving or selling the house.

Reasons to keep it:

• Comfort. You may have lived there for a long time. It represents your haven from the world.
• Investment. It took a long time to save the down payment. You know it will be difficult to get into another house. An apartment does not provide a return on an investment.
• Stability. Everything else is changing in your life. You need your home to stay the same. You need the neighborhood support.

To help you in your search, let's define what qualities you are looking for.

1. Knowledge of divorce law. Find out their level of skill by asking what percentage of their cases are divorce cases. How many divorce cases did the lawyer handle in the last year.

In many smaller communities, it may not be possible to find someone who limits her practice to divorce law. However, being represented by someone who has enough cases in a year to stay current on the law is a plus for your case.

2. Knowledge of local procedure. Divorce law is controlled by state statutes. Many people expect the procedures would be the same throughout the state. However, practices and procedures can vary considerably between counties. A successful divorce lawyer in one county may not have enough knowledge of the procedure in a neighboring county to be effective.