Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

616.608.4634

Issues Concerning Children

Collaborative Divorce – A Better Way

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Collaborative Divorce - A Better Way

Divorcing couples are often unaware of how a Collaborative Divorce works.  They gravitate toward traditional litigation because that is what they know.  At Schmitt Law, PLLC, one of the options is the Collaborative Divorce process which allows the couple to divorce dignity and be effective co-parents in their new life as single parents.

Why I Believe in Collaborative Divorce

Traditional litigation is an adversarial process pitting one party against another each trying to “win” the case they present to the court.  A Collaborative Divorce is designed to put control into the hands of the couple themselves.  They resolve their issues together without court intervention.  There are many advantages to a Collaborative Divorce:

  • The couple maintains control of the process.  There is an open exchange of ideas.  They can reach a fair and equitable child-centered resolution without needing a court to decide for them.  In litigation, when a couple cannot agree on custody and visitation, courts are charged with the duty to make decisions that are in the best interest of the children, but a judge will never know the family as well as they know themselves.
  • The couple maintains personal dignity and respect.  They can co-parent effectively after the divorce.  They make the decisions themselves about how much time each parent spends with the children, how they will spend holidays, and how they will manage the children’s extra-curricular activities.
  • Experts are available to help with decision-making.  A team of qualified experts are available to assist the couple in decision-making.  For example, a financial neutral will help with tax implications of a settlement, possible spousal support and can give direction on reasonable child support options.  The financial neutral also creates post-divorce financial models for each party to give them a clear picture of their budget options.  Child Specialists can help with childcare decisions.  Counselors can help work through communication issues that may be blocking how to solve what may seem like insurmountable disagreements.
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  • It is confidential.  Nothing is filed with the court except the Consent Judgement of Divorce.  Financial documents and other personal information is not filed with the court as it is in litigation.
  • It can be less expensive.  A Collaborative Divorce avoids the expense of litigation since only one set of experts are retained.  The couple commits to full disclosure instead of going through a lengthy, back-and-forth fact-finding process of litigation.  There is only one court hearing where Judgement of Divorce is presented for the signature of the judge.  It then becomes the final divorce decree.

For more information about how the Collaborative Divorce process can work for you, contact me, Laurie Schmitt, Attorney at Law, at Schmitt Law, PLLC, by calling 616-608-4634.

Change of Domicile and the 100 Mile Rule

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Change of Domicile and the 100 Mile Rule

Are you contemplating moving out of town or out of state with your child? Will this move be more than 100 miles from the child’s current legal residence? Has the court awarded you joint legal custody or sole legal custody?

 Before you decide to move with your child, you should review your court order. Did it grant both of you joint legal custody of the minor child? If so, you will be unable to move with the child more than 100 miles from the child’s current legal residence without consent of the other parent, or permission from the court. The child’s legal residence is where each the parties lived on the day the order was signed by the judge. This is called the 100 Mile Rule.

Did your court order grant you sole legal custody of the minor child? If so, this is the exception to the 100 Mile Rule. If you have sole legal custody, you will not have to seek the consent of the other parent, or the permission of the court if you want to move more than 100 miles from the child’s legal residence. You have determined that you have joint legal custody of the minor child. And let’s assume the other parent will not consent. You will need to pursue your request for a change of domicile through the court. The court will review the factors found in MCL 722.31 to determine if they will grant your request for a change of domicile.

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MCL 722.31 Factors:

  1. Whether the legal residence change has the capacity to improve the quality-of-life for both the child and the relocating parent.
  2. The degree to which each parent has complied with, and utilized his or her time under, a court order governing parenting time with the child, and whether the parent’s plan to change the child’s legal residence is inspired by that parent’s desire to defeat or frustrate the parenting time schedule.
  3. The degree to which the court is satisfied that, if the court permits the legal residence change, it is possible to order a modification of the parenting time schedule and other arrangements governing the child’s schedule in a manner that can provide an adequate basis for preserving and fostering the parental relationship between the child and each parent; and whether each parent is likely to comply with the modification.
  4. The extent to which the parent opposing the legal residence change is motivated by a desire to secure a financial advantage with respect to a support obligation.

When applying these factors, the court’s main focus is whether the move will improve the quality-of-life for both the child and the relocating parent, not just the parent. The focus must remain on the child. Courts want to hear about quality-of-life issues such as:

  1. The quality of the schools in the proposed location. The court will determine if the school is comparable to the child’s current school.
  2. The availability of extra-curricular activities. If the child is currently involved in extra-curricular activities, what is the availability of similar activities for the child in the proposed location.
  3. The presence of extended family in the current location verses the proposed location.
  4. Any other factors that provide the court with specifics of how this move will enhance the child’s life.

Because of the complexity of a change of domicile case, it can be difficult to represent yourself. Furthermore, you can expect that the results for a change of domicile case will vary significantly from court to court, as courts interpret the standards for a change of domicile very differently.

To conclude, it is best to seek the advice of a family law attorney versed in change of domicile cases prior to you filing any motion seeking to move with the child.

Enforcing Child Support / Friend of the Court

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The Friend of the Court is responsible for enforcing child support orders.  Many enforcement methods (described below) can be used if a parent does not follow terms of the order.

Income Withholding

An income withholding order can be used to collect both current and past-due support (arrearages).  All new and modified child support orders are required to include income withholding, unless both parents and the court agree on other payment methods.

Under income withholding, child support and medical support payments are deducted from the non-custodial parent’s paycheck.  The employer sends the support payments directly to the Michigan State Disbursement Unit (MiSDU).  Federal and state laws require employers to honor income withholding orders.

A parent’s income from other sources, such as unemployment benefits, Social Security benefits, independent contracting, workers’ compensation claims, and insurance claims are also subject to income withholding.

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Tax Refund Offset

If the amount of past-due support (arrearages) reaches a certain level (threshold), both federal and state tax refunds can be intercepted to pay support.

The past-due threshold for state tax refund offset is $150.  The federal past-due threshold is $150 for cases that receive cash assistance; the non-cash assistance threshold is $500.

For both state and federal tax refund offset, the person who owes the support receives a notice explaining his or her right to object to the tax refund offset and reasons to object.  In a joint tax return, a spouse may make a claim to retain his or her portion of the refund.

Show Cause/Bench Warrant

A person who has not paid child support or has not provided medical support can be ordered to appear before the court to explain to the court why he/she should not be held in contempt.  This is called a show cause hearing.

If the person ordered to appear at a show cause hearing does not show up, the court may order a variety of enforcement actions, including issuing a bench warrant for the arrest of the person who did not show up for the show cause hearing.

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Lien/Levy

The Friend of the Court or the Office of Child Support can initiate a lien/levy against real or personal property, financial assets, or insurance claims for collection of child support.

License Suspension

Driver’s licenses, recreational or sporting licenses (hunting, fishing, etc.), and professional licenses can be denied, suspended or revoked if a parent is behind more than two months in payments.

Credit Reporting

If a parent is behind more than two months in payments, he or she is automatically reported to a consumer credit reporting agency.

Passport Denial

A parent’s passport may be denied or revoked when he or she reaches the past-due support threshold of $2,500.

National Medical Support Notice

Enforcement of medical support is done through the National Medical Support Notice for employer-provided insurance or through any of the other enforcement methods listed if cash payments are required.

Pension Account(s)

A Qualified Domestic Relations Order (QDRO) is a support order against a private pension account.  An Eligible Domestic Relations Order (EDRO) is a support order against a state or federal government pension plan.  A QDRO or EDRO can be issued for current support or past-due support (arrearages).

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Surcharge

A judge may order a surcharge be added to a case that has arrearages.  If a surcharge is ordered, it will be added to the case every January 1st and July 1st and become a part of the total amount of support owed.  The surcharge is a variable rate tied to five-year United States Treasury Notes, plus 1%.

Criminal/Felony Charges

The Friend of the Court can refer the case to the county prosecutor, who may charge the person who owes support with the crime of felony non-support.  In some counties, the case may be referred to the Attorney General for criminal prosecution of felony non-support.  Felony non-support charges are generally issued after other child support collection methods have not been successful.  Custodial parents may also ask the county prosecutor or Attorney General for felony non-support prosecution.

For assistance with your child support issue, contact me, Laurie Schmitt, at Schmitt Law, PLLC.  I am an Attorney, Mediator, and Collaborative Divorce lawyer.

Child Support Payments at CVS and Walmart

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The Michigan Department of Health and Human Services and Michigan State Disbursement Unit has once again made it easier for parents to pay their child support.

Parents who owe child support may now make payments at CVS Pharmacy and Walmart stores using the MoneyGram payment option.  This option will be available at CVS Pharmacy and Walmart stores only, and does not include CVS Pharmacy locations within Target or other retail stores, or online payments at MoneyGram.com.

The Michigan child support program is committed to providing alternative payment methods and increasing customer convenience in paying support.  With the addition of the MoneyGram payment option, Michigan child support is now payable at over 34,000 additional locations. Other retailers may be added at a later date.

The process is simple.  Parents simply need to:

  1. Find a MoneyGram location – over 34,000 agent locations – at moneygram.com/locations
  2. Bring these with you:
    • Cash – Enough to pay your child support + $3.99 fee
    • Order ID/Docket Number _______________________.  Parties needing their order ID or docket number can call 1-877-543-2660 to speak with a customer service representative.
    • Receive Code: 14689

For assistance with your child support issue, contact me, Laurie Schmitt, at Schmitt Law, PLLC.  I am an Attorney, Mediator, and Collaborative Divorce lawyer.