Laurie Schmitt

What Are The Rights of Unmarried Parents?

March 14, 2022 By Laurie Schmitt

Common concerns for unmarried parents are custody, parenting time, and child support. If parents are not married, how do they go about establishing custody, parenting time, and child support? These issues are often complicated. But when parents are unmarried, establishing custody, parenting time, and child support can be even more problematic.

The first thing to know is that when a child is born out of wedlock, sole legal custody and sole physical custody is automatically awarded to the mother. This means the mother has complete authority to make all decisions regarding the child to include where the child will live, where the child will go to school, health care decisions, and extracurricular decisions.

The award of custody to the mother does not change until the father of the child takes action to establish his rights. In order for the father to establish custody, parenting time, and child support, parentage must be established.

Parentage can be established through an affidavit of parentage. This may be signed by the parties at the time of birth of the child, or any time afterwards.

If an affidavit of parentage was not signed, then the father must establish his rights to the child through a DNA test. Either party may file a petition to establish paternity (mother of child, someone identified as the father, or someone who believes he is the father).

The court then grants either party an order requiring the father, mother, and minor child to complete a DNA test. After a valid DNA test has been completed, and the results deem a specific man to the father, then the father can request the court to establish his rights to the child (custody, parenting time, and child support).

If the father does not believe a paternity test is necessary, then he must seek to have the court enter an order of filiation. An order of filiation is a court order declaring a man to be the biological father of a child born outside a marriage. Once an order of filiation has been entered by the court, the court now has jurisdiction to decide the matters of custody, parenting time, and child support on behalf of the father.

It is important to note that once the father is legally deemed the father of the child, he will now be financially responsible to provide for the child in the form of child support.

As the father of a child born outside of a marriage, it is critical to take action immediately. Each passing day means you and your child will not receive time together to establish an important parent-child bond. As the mother of a child born outside of marriage, each passing day means you and your child will not receive the financial support you deserve.

KNOW YOUR RIGHTS – WE CAN HELP

At Schmitt Law, PLLC, we help parents work together to create a parenting plan that is in the best interests of your children. Through mediation, collaboration, or litigation, if necessary, our knowledgeable Michigan family law attorney will be your advocate and help you through this difficult time. We know your legal issues are unique and special. Call us, we will listen. To schedule a consultation or learn more about our services, contact Schmitt Law, PLLC online or call (616) 608-4634.

What Is The Collaborative Divorce Participation Agreement?

March 7, 2022 By Laurie Schmitt

You and your spouse have decided to seek a divorce and have agreed to the collaborative divorce process. You have retained your collaborative divorce attorneys. Now you are being asked to sign a collaborative divorce participation agreement. What is the purpose of this agreement and what does the agreement contain?

The purpose of the collaborative divorce participation agreement is to ensure that the initial team (husband, wife, and their respective attorneys) understand the principles of the collaborative process. It also identifies that the collaborative team may expand to include a financial neutral, or other necessary professionals.

The collaborative divorce participation agreement contains the following provisions:

It identifies the goals of the team.
It contains an agreement that the parties will not seek court intervention.
It lists cautions to the participants that the process cannot eliminate disharmony, distrust, and differences that may have existed in the past, but that the parties will commit to create an atmosphere of harmony, trust, and cooperation moving forward.
It states that the parties agree to negotiate in good faith.
It states that the parties agree to make a full and fair disclosure of all assets, income, debts, and other relevant information necessary to reach settlement.
It states that the parties will maintain a high standard of integrity, not take advantage of each other, and will not mislead each other.
It preserves the parties’ financial status quo while the parties are involved with the collaborative divorce process.
It states that the parties agree the professionals are entitled to be paid, and that the parties have individual financial responsibilities to their respective attorneys.
It states that if experts and consultants are necessary, the team will agree to retain them jointly.
It discusses confidentiality in that the team will treat all information provided during the collaborative process as confidential.
It discuses the participants rights and obligations pending settlement.
It discusses termination of the collaborative process after settlement and termination of the collaborative process without settlement.
It states that both attorneys are disqualified from representing either party in any adversarial or contested court proceeding, that all team members are disqualified as witnesses, and that their work product will be inadmissible as evidence in any court proceeding.

Before signing the collaborative divorce participation agreement, the team will have a discussion and fully review the provisions to ensure the parties have a complete understanding of the agreement.

Collaborative Divorce – The Litigation Alternative

Divorce is a stressful and difficult process. 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.

How Is Child Support Calculated In The State of Michigan?

March 4, 2022 By Laurie Schmitt

In the State of Michigan, child support is established reviewing several factors. These factors are entered into a software program, used to calculate who will pay support, and how much they will pay. The party paying support is known as the payor, and the party receiving support is known as the payee.

The following is a quick breakdown of the major factors used to calculate a child support obligation:

1. Income of the parties. The gross income of the parties is entered and the software program calculates the party’s net income (net income means all income minus the tax deductions). The list is much more comprehensive than what is included here. But, for the purpose of this blog it includes the most common types of income. Income includes wages, overtime pay, commissions, bonuses, tips, military specialty pay (to include allowances for quarters and rations). If one party owns a business, all earnings generated from a business are considered. And, any distributed profits or payments from profit-sharing, a pension or retirement are considered. In essence, if you earn it, it is considered income for the purpose of calculating child support.

2. Child Care Expense. The actual cost of child care is entered into the software program to allocate each parent’s percentage share of that obligation. The more child support being paid, the more child support that will be paid by the payor. The actual cost of child care must be documented and a form must be completed by the daycare provider.

3. Health Care Coverage Premiums. Is one or both parties paying for health insurance for the minor children? If so, that party is given credit in the software program for the amount being paid for the premium associated with the health care for the minor children (not the total premium: what they pay in total for themselves and the minor children).

4. Additional children from other relationships. If one party has children from another relationship (with someone other than the other parent in the case under consideration), then they are given a “second family” credit. These children must be living in that parent’s household or that parent must be paying child support for them in order to be given the second family credit.

5. Tax Credits. Who will be claiming the tax exemption credits for the minor children? This information is used in the software program as another factor in calculating the payor’s child support obligation.

6. The number of overnights each of the parties will be exercising. It is no secret that in the State of Michigan, the more overnights exercised by the payor, the less child support the payor will be required to pay.

As this subject matter is very complex, and this blog does not discuss all factors used to calculate child support, it is important to discuss this matter with a skilled family law attorney. For more information about child support, contact me, Laurie Schmitt, Attorney at Law, at Schmitt Law, PLLC, by calling 616-608-4634.

Informed Decision Making In A Divorce

February 23, 2022 By Laurie Schmitt

There have been many times meeting with new clients that they state they want their divorce to be quick, simple, and inexpensive. They want swift closure to the case, so that they can move on in their lives. However, the mindset of “let’s get this done fast” can lead to clients making poor financial choices. And the choices clients make during their divorce can have long lasting financial impact on their future.

There are many financial decisions to be made when getting a divorce such what party will retain the house or will the house be sold, what is the value of the marital home, how much child support am I entitled to, how much spousal support am I entitled to, what will be the division of the stocks, bonds and retirement accounts, and who will be responsible for the debts acquired during the marriage.

So, what does it mean for clients to make informed decisions about the matters listed above? In order for clients to make informed decisions regarding financial matters, it is necessary to know the client’s assets, debts, and income – a spreadsheet of their finances is required. In order to obtain a full picture of a client’s financial position, it requires documents to be gathered and analyzed. Once the attorney has a full picture of the client’s financial position, it is then that the attorney can provide solid legal advice to the client.

There are times the necessary financial documents and information are easily obtained. Other times, it requires third parties to assist such as appraisers, financial advisors, and accountants. If the parties cannot agree on value of the business, marital home, or personal property, appraisers need to be hired. If there are complex issues in a specific case, it is not uncommon for the parties to have discussions with their financial advisors, and for the attorney to defer to an accountant to assist with review and preparation of a financial spreadsheet.

Clients grow weary during the divorce process. And at times clients fail to see the value in appraisals and third-party assistance. However, it is then that the attorney must educate the client as to the reasons to obtain an accurate picture regarding their financial status so that a fair and equitable division can be made. And, without accurate financial information it is difficult to calculate what is appropriate for child support and spousal support.

Because financial decisions made during a divorce impact the clients for a significant period of time, or for a lifetime, it is imperative that clients be educated to the value of “getting it right” the first time, to eliminate “buyer’s remorse”. Clients must understand that there is no second bite of the apple when it comes to property and debt distribution.

For more information about your rights as it pertains to divorce, contact me, Laurie Schmitt, Attorney at Law, at Schmitt Law, PLLC, by calling 616-608-4634 or on the following link: https://laurieschmittlaw.com/contact/

Communication With Your Attorney

February 14, 2022 By Laurie Schmitt

It is important in the early stages of your relationship with your attorney to understand and agree to the preferred method of contact between you and your attorney. Do they prefer emails, texts, or telephone calls? If you establish an agreement about communication when you retain your attorney, you will find that communication, and responses to your communication will be more efficient.

Also, in the initial interview I inform clients that if they are going to be communicating with me from an email account, they should never use their work email account. When you communicate through a work email account, there is no expectation of privacy. What does that mean to the client? That means that any communication you have with your attorney may not be confidential. Your employer may have access to your email account. And, because you may not have any expectation of privacy from that email account, it may not be considered by the court to be confidential. If your email account is not confidential, all communication from it can be subpoenaed by the other attorney and used against you in court.

Similarly, to protect client privacy, clients should open a new secure email account for the sole purpose of communicating with their attorney. The reason for this safety measure is so your spouse cannot gain access to it. If you use a former email account, it may be that you spouse has the password to your account, or could guess what it may be. Open a new account, and password protect it with a password that is obscure, and one that you have never used before. There is nothing more horrifying than to know all of your email communication between you and your attorney has been compromised by your spouse.

Lastly, in January, 2022, Dearborn police reported that criminals have been attaching a small Apple tracker to people’s vehicles in order to monitor them for stalking or auto theft. Officials said Apple AirTags — quarter-sized GPS tracking devices designed to help people locate their wallets, car keys and other personal items — are being used to illegally track people and vehicles. Even though in Michigan, it’s illegal for a citizen to track anyone with a GPS device without their knowledge, it happens not only from criminals but with soon-to-be ex-spouses. If you have a concern that this will be an issue in your case, you can easily monitor for Apple Tags. This is automatic for iPhones, and clients using Android devices can be advised to download and install the app.

If you have questions about the best methods to communicate with your attorney, or any other questions related to the divorce process, contact Schmitt Law, PLLC and set up an appointment. Give us a call at 616-608-4634.

Rules For Texting, Phone Calls and Social Media

February 7, 2022 By Laurie Schmitt

If you have a contentious relationship with your soon-to-be ex, then the first statement I make to clients is to limit their communication with the other party to texting only, and to essential communication about the children. If it is not a legitimate issue that must be addressed with the other party, then do not send the text.

Be mindful that anything you text can be brought into court as evidence and used against you in a custody hearing or trial. Think before you send that text “do I want the judge to see this text?”.

Learn to have self-control when you receive a text that upsets you. You DO NOT need to respond immediately, or perhaps not at all. Nothing is gained by keeping the bantering going. This may sound easy, and I respect that it is not. It is critical for couples who do not get along to find a way to effectively communicate (leading to effective co-parenting). And, inappropriate texts/or responses to them can be used against you in court.

To address social media, my statement to clients is to not litigate their case on social media sites. Do not post inappropriate comments or pictures, or any information about your case. The information or pictures you post can be used against you in court. Again, ask yourself “do I want the judge seeing this information or pictures and will this put me in a bad light in front of the judge?”. Bad behavior on social media sites really cannot be explained away in front of a judge. For additional information about social media see my blog “I want to win custody of my children, but I love Facebook…”.

To summarize, while the other party may poke at you via text or phone calls, this is the time to dig deep and develop self-control about how and when to interact with your spouse. Learning that you do not need to respond immediately, or at all will lower your anxiety, hopefully reduce the back and forth between the two of you, and will protect you in the event that your case is required to be heard by the judge.

If you have questions about communicating with the other party while going through a divorce or custody battle, or any other questions related to the divorce process, contact Schmitt Law, PLLC and set up an appointment. Give us a call at 616-608-4634.

How Long Does It Take To Get A Divorce In Michigan?

January 31, 2022 By Laurie Schmitt

Under Michigan law, if there are no minor children of the marriage, the mandatory wait period is 60 days from the date of filing the complaint for divorce. If there are minor children of the marriage, the statutory wait period is six months from the date of filing the complaint for divorce. These statutory wait periods are defined in MCL 552.9(f).

Typically, a divorce will only be completed within these statutory wait periods if the parties agree on the terms of the judgment of divorce (the divorce remains uncontested). However, many divorces cannot be completed as uncontested divorces. Because of that, the actual time-frame to complete a divorce in Michigan is based on many factors such as:

The complexity of the case
What issues the parties cannot resolve
If there is a need for mediation
If there is a need to complete the discovery process
If there is a need for trial

If the divorce remains contested, the actual date of completion of the divorce will realistically exceed the statutory wait periods.

More commonly seen for time-frames to complete divorces in Michigan is that the process takes between six to nine months. If your divorce remains contested, and a trial is necessary, you can expect to have a trial scheduled and completed within a year of the date of filing. This means if your case requires a trial with the judge, you will not be divorced until a trial is held and a judge makes their final ruling.

If you have questions about how long a divorce takes in Michigan or any other questions related to the divorce process, contact Schmitt Law, PLLC and set up an appointment. Give us a call at 616-608-4634.

Questions for the Initial Interview With an Attorney

January 24, 2022 By Laurie Schmitt

Most people are overwhelmed when they find it necessary to meet with an attorney to discuss a possible divorce. And most people are unaware of what questions they should ask during the initial interview. It is also true that the biggest issue between a client and attorney is communication.

When you are at the initial interview, you want to make sure that you and the attorney will be a “good fit” and be able to work together effectively. If the following questions are discussed at the initial interview, there is less likelihood of misunderstandings with your working relationship with the attorney.

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How will you communicate with me? Do you handle most communication via the telephone, email, text, zoom, in person meetings, or a portal?
What time of day and what days are you available to communication with me? Is it simply regular business hours, or do you allow communication after hours and on the weekends? If you allow communication after hours or on the weekends, is it via telephone, cell phone, email, or text?
When I contact you, how long will it be before I get return communication from you? Do you return calls, emails, and texts within a specific period of time? If so, what is that timeframe?
Are after hours or weekend communication billed at a different rate other than your regular rate of pay? If so, what is that hourly rate?
Will most of the communication with your office be directly with you or other staff members? If it is with staff members, will I be charged for that time, and if so, what is that hourly rate?
What is your hourly rate, and is there a minimum billable time?
What will I be charged for? Calls, letters, emails, communication with your staff?

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If you ask these simple questions during the initial interview, you will have a greater understanding of how the attorney addresses communication with their clients, and whether their style of communication will meet your expectations and needs. As the divorce process is hard

Laurie Schmitt

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