Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

616.608.4634

Laurie Schmitt

6 Divorce Tips for Mothers

By

Mothers going through divorce face unique emotional and logistical challenges. The experience often involves balancing personal healing with ensuring stability and security for their children. 

While every situation is unique, the following tips can help mothers navigate divorce with resilience and grace.

  1. Look After Yourself: Divorce takes a toll on your mental and emotional health. Prioritize self-care to ensure you have the strength to support yourself and your kids.

  2. Focus on Co-parenting: Co-Parenting effectively remains crucial for your kids. Foster a cooperative relationship with your partner by communicating respectfully, setting clear boundaries and prioritizing your children’s needs.
     
  3. Understand Your Finances: Divorce comes with financial challenges, so it’s essential to have a clear understanding of your situation. Create a budget, consult with a financial advisor and know your rights!

  4. Be Honest With Your Kids: Children are deeply affected by divorce and their emotional well-being should be a top priority. Maintain open and age-appropriate communication by explaining the situation, reassuring them and encouraging expression.
     
  5. Create New Family Traditions: Establishing new traditions can help your family build a sense of unity and create positive memories. Consider: starting simple rituals, exploring new activities together and celebrating togetherness.
     
  6. Seek Legal Guidance: Navigating the legal aspects of divorce can be overwhelming. Protect your rights and interests by hiring an experienced attorney, documenting everything and staying informed.

If you wish to better understand your rights as a mother during a divorce, or if you feel that your rights have been violated, seek advice and support from experts who can help. At Schmitt Law, we help parents work together to create a parenting plan that focuses on the best interests of the children. 

Through mediation, collaboration or litigation, knowledgeable, experienced and compassionate family law attorney Laurie Schmitt will be your advocate and help you through this difficult time. 

For more information for mothers going through divorce, from the experts at Schmitt Law PLLC, please contact us here or call us directly at 616.608.4634.

Birth Expense Elimination Changes

By

If you are currently dealing with a case, past ruling or upcoming case related to child custody and birth expenses, please review the information below that was recently released by the Kent County Friends of the Court (FOC).

Pursuant to Senate Bill 747, reimbursement of Medicaid-paid pregnancy and birth expenses from fathers on new cases ceased on Oct. 1, 2024. In addition, all outstanding state-owed birth expense arrears will be automatically forgiven on Jan. 1, 2025. 

The FOC also released this info impacting the court and partners of the court:

  • As of Oct. 1, 2024, the Prosecuting Attorney’s Office no longer calculates pregnancy and birth expenses in state-initiated support and paternity cases.
  • The aforementioned expenses will no longer appear in Uniform Child Support Orders of newly filed cases.
  • FOC will not initiate support enforcement action if the paying-party owes only birth expenses and will seek dismissal of all FOC warrants on such cases.
  • The Michigan Office of Child Support (OCS) will eliminate all state-owed pregnancy and birth expenses automatically, through the Michigan Child Support Enforcement System (MiCSES) on Jan. 1, 2025.
  • FOC elected to not have notices filed with the court in all of the impacted court cases (totaling 6,526) for the following reasons:
  1. FOC routinely processes arrears forgiveness on cases, and notices are not filed with the court in these routine instances.
  2. The volume of impacted cases makes filing a notice in every case impracticable and not a responsible use of resources.
  3. OCS will provide FOC a post-implementation report showing how cases were impacted by the forgiveness.

So, what impact will these changes have on parents? State-owed pregnancy and birth expenses will be forgiven for existing support payers and not calculated for new payers. The Michigan Office of Child Support (OCS) will notify all payers (via one-time letter) that the State has forgiven their Medicaid-paid pregnancy and birth expenses. The letter will also explain that this forgiveness does not impact the amount of support or arrears owed to the other parent. All letters will be mailed through Central Print in Lansing and will not come from local FOC offices.

However, recipients of support will not be notified. Per OCS, they will not be notified because the forgiveness will not impact the support they receive, or the support owed to them. There will be no refund of money paid for pregnancy and birth expenses if the payment was made prior to January 1, 2025.All parent inquiries can be directed to the FOC main number (616.632.6888) or email account (FOC.Mail@kentcountymi.gov).

Meeting With a Divorce Lawyer

By

Your first meeting with a divorce lawyer can be a difficult yet crucial step in the divorce process. With the proper preparation, you can maximize the value of your initial consultation and leave with a clearer understanding of the path forward. 

Here are four ways to prepare for your meeting with a divorce lawyer:

1. Research Your Attorney

Every lawyer is different. Research helps you decide which lawyer’s specialization, reputation, and billing structure best align with your needs. Finding a lawyer who specializes in family law ensures quality representation when it comes to divorce cases. A lawyer’s history with similar cases also reveals their credibility. However, budget concerns can often make or break your decision to hire a lawyer. Researching a lawyer’s fees in advance allows you to budget for legal costs and avoid surprises.

2. Gather Necessary Documents

Bring important legal documents such as bank statements, pay stubs, your marriage certificate, prenuptial agreements and any child-related documents to your first meeting with a divorce lawyer. Providing necessary documents upfront streamlines the initial consultation and allows your attorney to build a stronger case from the start. Also, potential challenges and legal strategies become easier to identify.

3. Prepare Your Questions

The divorce process can be complex and overwhelming. Asking questions helps clarify the legal process and avoid miscommunication. You may consider asking questions about communication preferences, timelines and financial obligations regarding your specific case. Having these questions answered upfront alleviates anxiety and prepares you for the next steps in the divorce process. 

4. Set Realistic Goals

Assets, income, children and reasons for the divorce all impact which goals should be prioritized. Clear goals allow your lawyer to develop a personalized legal strategy so that you achieve the life you want after divorce. On the flip side, communicating goals helps your lawyer emotionally prepare you for the realistic circumstances of what can be achieved based on the law.
For more information about meeting with a divorce lawyer from Schmitt Law PLLC, please contact us here to schedule a consultation or call us directly at 616.608.4634.

Telling The Kids You’re Divorcing

By

Telling your children about your impending divorce is always a tough conversation. However, open and honest discussion remains vital for a healthier transition process.

If possible, both parents should be present when telling children about divorce. If the kids have questions or concerns, both parents being present helps everyone to be on the same page. For your children, seeing their parents together reinforces the overall commitment to the family, even if the structure will be changing.

How much detail you choose to share depends on the age and maturity of your child. For example, younger children require simple explanations while older children may demand more complex answers. No matter your child’s age, approach the conversation with care and sensitivity.

Follow these four general talking points when telling children about a divorce:

  1. Reassure Them: Tell your children that you both love them and that the divorce is not their fault. This reminder reduces self-blame and anxiety, especially for young children.
  2. Prepare Them for Change: Be honest about how daily activities such as living arrangements, school and other routines may change. Explain that although routines may change, their best interest will still be prioritized.
  3. Avoid Blame: Avoid placing blame on either parent or criticizing parental behavior. Instead, model calm and mature behavior by using neutral and respectful language.
  4. Encourage Open Conversation: It is likely children will have many questions about the divorce. Validate any feelings or concerns and encourage them to come to you with questions at any time.

For more information about divorce from the experts at Schmitt Law PLLC, please contact us here to schedule a consultation or call us directly at 616.608.4634.

Do I Need An Attorney For My Divorce?

By

While the state of Michigan does not require you to hire an attorney to handle your divorce, there are many reasons why working with a divorce attorney can improve the outcome.

Navigating a child custody case can Some individuals may try to avoid hiring a divorce attorney in an effort to save money. However, not hiring a qualified attorney often costs more in the long run. Because of this, it is important to consider all aspects of your situation before deciding whether or not to hire a divorce attorney.

Here are five reasons you may want an attorney for your divorce:

  1. You Don’t Have Experience: Divorce attorneys use their legal expertise to help you better understand your divorce. They will help with everything from helping you navigate the legal system correctly to leading you in negotiations with your spouse.
  2. Your Divorce Is Complex: Most divorces are complicated, but some are even more complex than others. Whether your divorce involves small children, shared properties, large amounts of debt, money or any other important assets, you may want to consider hiring an experienced attorney to ensure you get your fair share.
  1. It’s Not Amicable: When one partner is against the idea of divorce, it can make the process much more complicated. Hiring a divorce attorney can help prevent fighting between both parties and offer a more objective view throughout your divorce, thus reducing the likelihood of snap-judgment decisions and regret.
  2. Your Spouse Has An Attorney: Facing your spouse’s attorney without one on your side can lead to unfair outcomes. Hiring a divorce attorney will even the playing field and help both parties reach a fair agreement.
  3. You’re Stressed: Filing for divorce can be a long, complicated and emotional process. By having an attorney in your corner, you can spend your time processing or helping your kids through the process, while your attorney takes care of all the legal aspects of your divorce.

For more information about divorce from the experts at Schmitt Law, PLLC, please contact us online to arrange a consultation or call us directly at 616.608.4634. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

5 Things To Do During A Child Custody Case

By

Divorce is difficult enough, and when children are involved — things become exponentially more difficult. If you are preparing for a child custody case, here are a few things you should do to ensure the best outcome for you and your children.

Navigating a child custody case can raise a number of questions that can overwhelm any parent. From helping your child understand their situation to establishing an agreed upon parenting schedule, it’s easy to get lost in a list of to-do’s when beginning your custody battle.

Here are five things you should do during a child custody case:

  1. Hire An Attorney: Each custody case is different, but one thing is for certain — you do not have to endure it alone. As soon as you know you will be facing a child custody case, contact an experienced attorney to help. Attorneys can provide helpful insight to your situation while helping you prepare for your case and understanding the possible outcomes.
  2. Prioritize Your Child: Remember that your custody case is not a tool to hurt your ex, but a way to help your child maintain structure and ensure they are in their best possible living situation. Take time to put your custody battle aside and spend time with your child and remind them that everything will be okay.
  3. Turn Off Social Media: It can be tempting to use social media as a personal way to vent your frustrations during your custody case, but don’t. Any and all social media posts can be used against you in court and can actually hurt your chances of winning your custody case. Likewise, it is also a good idea to refrain from sending negative text messages to your ex that can be saved for later use.
  4. Watch What You Say: No matter your personal feelings toward your ex, it’s important to watch what you’re saying about them to other people, especially your children. Hearing their parents talk poorly about the other parent can confuse your child and put unnecessary stress on them during this time.
  5. Tell The Truth: When it comes to your child custody case, be honest with your attorney and be honest with the court with everything they ask. Hiding facts or lying about your situation can only hurt your credibility and result in an unfavorable hearing.

For more information about child custody cases from the experts at Schmitt Law, PLLC, please contact us online to arrange a consultation or call us directly at 616.608.4634. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

Who Will Make Your Life’s Most Important Decisions?

By

If you’re going through a contested divorce, and are unable to come to an agreement with your spouse, who are you going to leave the decision making up to? The judge?

If you’ve attempted to resolve the outstanding issues in your divorce with your spouse, and have been unable to come to a full resolution, now’s the time to balance your risk at trial. The plain truth is the judge doesn’t know what you know about your life. The judge doesn’t care as much as you do about your family. And the judge has little time to hear the smallest of details of your life. Leaving your life’s most important decisions to the judge may be unwise. 

Life Decisions

What are your options? Compromise. But what does that mean to you?  It doesn’t mean give in to all of your spouse’s demands. But compromise does mean to come to an agreement by mutual concession.  You need to be willing to meet in the middle by finding a resolution between your demands and your spouse’s demands. You may need to reduce your demands or change your opinion on what you believe is a fair resolution in order to reach an agreement. And ask yourself, can you live with the terms your spouse is offering? Are the terms an equitable and fair resolution of your divorce issues? It’s not about either of you walking away “happy” but walking away being able to live with the deal. 

Our family law judges are overworked and have little time to dedicate to each case. They don’t know your family, and the needs of your family like you and your spouse do. And they will never know the details of your life like you and your spouse do. Compromise is the best course of action, even if you don’t like all of the outcome of your agreement. It’s about being satisfied with the outcome, not thrilled with it.

Before you give the ultimate power to the judge, stop, and consider the outcome you may receive at trial. The outcome may not be in the best interest of you, or your family. Maintain control of your future. Take a look at the issues you and your spouse don’t agree to. Are the outstanding issues really worth going to trial? Or is there still some room for movement on your part? Can you find a compromise? 

And perhaps your answer to these questions is there is no more room for movement or compromise, and the judge will need to decide the outcome of your divorce. And if trial is what is necessary in your case, the judge will listen to both you and your spouse and make the decisions for you. Just remember, once you walk into that courtroom, you have relinquished all control of the outcome. Do all that you can do to come to a peaceful resolution outside of court.  It most cases, settlement is better than trial. 

A GENTLER DIVORCE. GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

Divorce is a painful and emotionally stressful time for everyone. That’s why more couples are turning to the collaborative divorce process. A highly trained team of professionals work together with you to develop a fair, open and child centered resolution. If you want to avoid going to court, reach your own agreement, and promote positive co-parenting post-divorce, the collaborative divorce process may be an alternative for you. 

Laurie K. Schmitt, founder of Schmitt Law, PLLC, is an Attorney, Mediator, and Collaborative Divorce lawyer. When possible, she guides her clients through amicable divorce settlements so they can move forward with their life.

Contact Laurie online or by calling (616) 608-4634 to schedule a consultation to discuss the collaborative divorce process and how it can benefit you. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.

How Does The Supervised Parenting Time Process Work?

By

Have you or the other parent’s time with the children been ordered to be supervised? If so, the following explains how the supervised parenting time process works in Grand Rapids, Kent County, Michigan.

HOW DO YOU REQUEST SUPERVISED PARENTING TIME?

Parenting Time Process

One parent will be required to file a motion with the court requesting the judge enter an order requiring the other parent’s parenting time be supervised at an agency. If the judge agrees with your request, an order is prepared by the judge. 

WHAT AGENCIES ARE AVAILABLE IN GRAND RAPIDS, MICHIGAN?

In Kent County, there are two supervising agencies: Journies, Inc. and Safe Connections. Either parent may request either agency. Or, either parent may request both agencies be used simultaneously. If both agencies are used simultaneously, then the parent with supervised visits may exercise parenting time at each agency, each week. 

JOURNIES, INC.

If you are referred to Journies, Inc., your parenting time will be for one hour every week, depending on the availability of the parents and Journies, Inc. Payment for these visits can be assisted with the use of a grant. However, the judge must sign an order of “Access and Visitation Grant”, authorizing the grant to be used. The grant will pay up to $800, if funding is available. Payments for visits can be court ordered as follows:

  • $30 per hour from either parent, with $30 per hour from the grant
  • $15 from each party and $30 from the Grant
  • Other: whatever the judge believes to be appropriate

If grant funding is no longer available, payment will be as follows:

  • 100% payment from father
  • 100% payment from mother
  • 50% from each party

SAFE CONNECTIONS

If you are referred to Safe Connections, all supervised parenting time will be according to the frequency and direction determined by the YWCA (typically one hour each week). Application of a sliding fee schedule will be applied by the YWCA to determine the cost of this service, to be paid in advance of each parenting time session. Safe Connections will work with both parties to determine the parenting time schedule based on the availability within the program schedule. 

Safe Connections also offers safe exchanges for parenting time, meaning they assist in the exchange process for the purpose of keeping all parties safe during the exchanges of the child(ren). 

ARE THERE OPTIONS FOR SUPERVISED PARENTING TIME?

Yes, you can ask the court to grant your request for supervised parenting time. However, supervised parenting time doesn’t have to be at an agency. You and the other parent can agree on a supervisor such as a family member, or mutual friend, and then all parenting time would be supervised by the selected third party. This saves you and/or the other parent from paying an agency to supervise the visits. And using a family member or friend allow for flexibility for the parent in visitation days and times.

If you believe supervised parenting time should be ordered in your case, contact Schmitt Law, PLLC to discuss your concerns.

HELPING FAMILIES MOVE FORWARD.

GRAND RAPIDS COLLABORATIVE DIVORCE ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY.

When confronted with any family law matter, there are personal and financial issues unique to each individual and family. In an effort to achieve the best possible outcome, we are committed to providing you with accurate information, outlining your options and providing thorough, effective and efficient representation. At the initial consultation, we will seek to understand your personal needs and your family’s needs, to help you move forward. 

To discuss your circumstances and legal options, contact Schmitt Law, PLLC at (616) 608-4634 to schedule a consultation. Or contact us online to arrange a consultation. Our office is located at 401 Hall Street SW, Suite 112D, Grand Rapids, MI 49503.