Michigan

Child Support – The Most Frequently Asked Questions

June 10, 2022 By Laurie Schmitt

One of the most asked about parenting issues is child support. Clients have many questions and misconceptions about how child support works in Michigan. The following are the some of the top questions clients ask when they meet with Schmitt Law, PLLC. For the purpose of this blog, each question contains a brief answer. However, there can be far more to the story! If you require more detailed answers, please contact Schmitt Law, PLLC to arrange for a consultation to discuss your specific case.

HOW IS CHILD SUPPORT CALCULATED IN MICHIGAN?

In Michigan, child support is calculated using the Michigan Child Support Formula. The Michigan Child Support Formula takes into consideration the following major factors: (1) both parents’ gross incomes, (2) the amount of overnights each parent exercises (3) the number of children to be supported (4) health care costs and (5) daycare costs. There are many other factors that can be taken into consideration in determining a party’s child support obligation. Contact Schmitt Law, PLLC for more information about how your child support will be calculated.

WHAT IS CONSIDERED INCOME FOR THE PURPOSE OF CALCULATING CHILD SUPPORT?

Income includes all wages, overtime pay, commissions, bonuses, tips, royalties, interest, dividends, or other monies from all employers. Income also includes earnings from any business, profit sharing, pension or retirement, trust fund, unemployment, or disability insurance. There are many other items that are considered income for the purpose of calculating child support. Contact Schmitt Law, PLLC for a detailed discussion about what Michigan considers income for the purpose of calculating your child support.

IF I HAVE A CHILD SUPPORT ARREARAGE, CAN I ASK IT TO BE WAIVED?

Neither the court nor Friend of the Court will waive an arrearage unless the parent receiving child support agrees to waive the arrearage. If the parent receiving child support agrees to waive a part or all of the arrearage, they can contact Friend of the Court and sign a document waiving part or all of the arrearage.

WHAT HAPPENS IF I FAIL TO PAY MY CHILD SUPPORT OBLIGATION?

If you fail to make your child support payments, Friend of the Court will take action to enforce the child support order. Some of the consequences for failure to pay support are that you can be held in contempt of court, your passport can be taken away, your driver’s license can be suspended, other business licenses can be suspended, and you can be sentenced to jail time.

WHEN DOES MY CHILD SUPPORT OBLIGATION END?

In Michigan, child support ends when the child turns 18 years old. However, it can extend to 19.5 years old if the child is still attending high school and lives with the parent receiving the support.

CAN I STOP PAYING CHILD SUPPORT IF I AM BEING DENIED PARENTING TIME?

No! The payment of child support and parenting time are two separate legal matters. If you are not receiving your parenting time as stated in your parenting time order, you need to file a parenting time complaint with Friend of the Court or take action through the court to have your parenting time order enforced.

DO I HAVE A SAY AS TO HOW MY EX SPENDS THE CHILD SUPPORT?

No! There is no specific requirement outlining how the parent receiving child support spends the money. It is assumed that if the child is living with the parent receiving child support, the money is being used for housing, food, and clothing for the child. Child support is for the basic needs of the child, and the parent receiving support may spend the money as they deem appropriate.

DO YOU HAVE QUESTIONS RELATED TO CHILD SUPPORT? GRAND RAPIDS FAMILY LAW ATTORNEY SERVING KENT, OTTAWA, AND ALLEGAN COUNTY. CONTACT SCHMITT LAW, PLLC.

If you have questions about how your child support will be calculated, contact Schmitt Law, PLLC. We partner with our clients to find efficient, effective, and fair solutions. Contact Schmitt Law, PLLC online or by calling (616) 608-4634 for a consultation today.

What Is Required To File For a Michigan Divorce?

May 25, 2022 By Laurie Schmitt

PERSONAL INFORMATION REQUIRED TO FILE FOR A DIVORCE

The following is a list of personal information you will need to gather so that your attorney may complete your divorce documents.

WIFE

Full Name
Maiden Name
Address
Date of Birth
Place of Birth
Social Security Number
Number of this marriage

Date of Marriage
City, State and County of Marriage
Separated (yes/no)

HUSBAND

Full Name
Address
Date of Birth
Place of Birth
Social Security Number
Number of this marriage

IF THERE ARE MINOR CHILDREN OF THE MARRIAGE, YOU WILL NEED THE FOLLOWING ADDITIONAL INFORMATION:

For both parties:

Eye Color
Hair color
Height
Weight
Race
Driver’s license number
Name, address and telephone number of employer
Gross weekly income
DHS case number, if applicable

For the minor children:

Names, birth dates, and social security numbers of each child
Address(es) of where the children have lived in the last five years
Names and addresses of who the children have lived with for the last five years

WHAT DOCUMENTS MUST BE FILED?

Complaint for Divorce
Summons
Record of Divorce

IF THERE ARE MINOR CHILDREN OF THE MARRIAGE, YOU WILL NEED TO FILE THE FOLLOWING ADDITIONAL DOCUMENTS:

Verified Statement and Application for IV-D Services
Uniform Child Custody Act Affidavit

IF YOU HAVE PENDING OR RESOLVED FAMILY LAW CASES

If there are any pending or resolved family law cases involving you, your spouse, or your children, you will be required to complete a Confidential Case Inventory. This document requires you to list any known pending or resolved family law cases to include personal protection orders, divorce, custody, paternity, child support, juvenile delinquency, and child protective proceedings.

You will be required to list the county of the court, the case name, the case number, the name of the judge, whether the case is pending or resolved, and if there are any support/custody/parenting time orders in effect.

Contact the Knowledgeable Michigan Divorce Attorney at Schmitt Law, PLLC for Immediate Assistance

If you filed for divorce, or are considering filing in the near future, contact the Michigan family law attorney at Schmitt Law, PLLC. We have extensive experience handling all types of Michigan divorce cases and the related issues that frequently come up in the divorce process, including spousal support, child custody, and child support. We provide custom-tailored legal advice and solutions for clients. To learn more about how we can help you through the divorce process, contact Schmitt Law, PLLC today by completing our online contact form or calling us at (616) 608-4634 to schedule a consultation.

Stopping A Divorce Action In Michigan

May 9, 2022 By Laurie Schmitt

If I file a complaint for divorce in the State of Michigan, can I change my mind afterwards? Does the case move forward even though I no longer want to pursue a divorce?

In Michigan, if the Judgment of Divorce has been signed and entered by the court, the divorce has been finalized and the parties cannot “reverse” the divorce. The only option would be for the parties to remarry.

If the divorce action hasn’t been completed, the divorce can be dismissed. If your spouse has not filed an answer to the complaint for divorce, you may motion the court to dismiss the case.

If your spouse has filed an answer to the complaint for divorce and counterclaim for divorce, then both parties need to agree to dismiss the divorce. This is a very easy process as it only requires a stipulated order to dismiss to be entered with the court. You would draft the stipulated order to dismiss the action, both of you would sign it, and then present the stipulated order to dismiss to the judge for their signature.

A stipulated order to dismiss is required because it shows the court that both parties agree to dismiss the divorce action. Once an answer to the complaint for divorce and counterclaim for divorce has been filed, both parties have asked the court for relief, and the divorce action cannot be dismissed without the other party’s consent.

Once the judge signs the stipulated order to dismiss the action, the case is closed with the court. Parties wishing to dismiss the divorce action should understand that once the judge signs an order dismissing the divorce action, the case is closed with the court. If in the future either party wishes to seek a divorce, they would be required to file a new action and pay a new filing fee.

It is important to note that the responding party in a divorce action cannot request to have the divorce action dismissed, as it requires the filing party to agree to the dismissal. If you file for a divorce, and your spouse wishes to have the divorce action dismissed, they cannot unilaterally have the case dismissed with the court unless you provide your consent to the court.

To summarize, a divorce action can be easily dismissed if both parties consent. But it cannot be dismissed by the responding party without the consent of the filing party.

Experienced Divorce Attorney

We understand that filing for divorce can be an emotional and confusing experience. That is why we are committed to providing personalized service to each client we represent and will be with you through this difficult journey. We are prepared to guide you in all aspects of your case.

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.

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.

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.

What Is Considered Marital Property In The State of Michigan?

January 17, 2022 By Laurie Schmitt

Is the house considered marital property?

If the house was acquired during the marriage and paid with marital funds, it is marital property. If one party is to retain the house, the house should be appraised (considering the volatility of the current market). Once the fair market value has been determined, then we subtract all mortgages and home equity loans from the value to determine the net value of the home. That net value will be divided equally between the parties. This means the person retaining the home will owe the other party one half of the net value. If the house was owned by one the parties prior to marriage, then we have an issue of “separate property”. Separate property means that one party purchased the house prior to marriage and may have a claim to the equity that was in the home at the time of the marriage. If this is the case, then it needs to be determined what the value of the home was prior to marriage, minus any mortgage on the home, to determine the net value. That net value may be given to the party before determining the true net value to be divided. As an example:

Home purchased prior to marriage

Appraised value at time of marriage $100,000
Mortgage at time of marriage $50,000
Net value $50,000

The party owning the home prior to marriage would be given credit for the first $50,000.00 of equity in the home before determining what would be paid to the other party.

Of course, this example is an over-simplification, and further information would be needed before Schmitt Law, PLLC could provide legal advice about your specific case. Also see my blog “Marital Property verses Separate Property” for more information regarding this subject.

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Are bank accounts considered marital property?

If the bank accounts were opened during the marriage, they are marital property. It does not matter if each party contributed equally to deposits into the account. This means the person who may have contributed more does not get a larger division of the account, as the entire balance is considered marital for the purposes of division of the account.

Are retirement accounts considered marital property?

For the purposes of this blog, I will provide a simple answer. If the money in the retirement account was acquired prior to marriage, and no other monies were deposited into the account during the marriage, the account most likely will be classified “premarital” and remain the sole account of one party. This means it will not be divided between the parties.

If the money in the retirement account was deposited into the account during the marriage, the account will be classified as marital and should be divided equally between the parties.

Note, that this is a complex subject, and should be thoroughly discussed with your attorney, as there are gray areas to this issue that will not be discussed in this specific blog. Note that this is a complex subject, and the answer provided is an over-simplification of the subject. Further information would be needed before Schmitt Law, PLLC could provide legal advice about your specific case.

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Are vehicles, boats, or other recreational vehicles considered marital property?

If the vehicle was purchased during the marriage, it will be classified as marital property. The most typical scenario is that one party will retain the vehicle, the equity value* of the vehicle will be determined, and the other party will receive credit for one-half of the equity value. Another scenario is that the vehicle may be sold, and the proceeds divided equally between the parties.

If the vehicle was purchased prior to the marriage, and marital funds were not used to purchase or pay for the vehicle (or any loan), the vehicle most likely will be classified “premarital” and remain the sole property of one party. This means that not equity value will be shared with the other party.

* Equity value: the market value of a specific item, minus any loan owed on the item = equity value

Are wedding rings considered marital property?

Engagement/Wedding rings are conditioned on the marriage taking place. If you were married, then the ring is considered a gift, and does not need to be returned to the other party. If there was no marriage, then the ring must be returned. In a divorce situation, each party retains their respective engagement/wedding rings as their sole personal property.

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Are pets considered marital property?

In the State of Michigan, animals are considered “personal property” for the purposes of property division. Some judges in Michigan treat dogs like any other personal property, in which case the highest bidder for the animal should win. The traditional method is simply assigning fair market value to the dog.

Some judges will consider other issues in determining the division of animals:

Nature of the pet, i.e., companion, family pet, service animal. •
Sentimental value of the pet to one party versus the other.
In which party’s name is the dog registered?
Even if the property is separate (i.e., owned by one party before the marriage) it can be transmuted into marital property through use, care, feeding, walks, etc., by the other party.
Who purchased the animal?
Who is the primary caretaker?
Show receipts for veterinary care by one party.
Show licensing records.
Grooming receipts by one party.
Dog training classes by one party.
Who feeds the dog?
Who buys things for the dog?
Neighbors’ testimony that one party always walked the dog,

Also see my blog “Divorce “The New Custody Case – Pets!” for more information regarding this subject.

To discuss solutions with your property division issues, or any other aspect of your divorce process, contact me, Laurie Schmitt, at Schmitt Law, PLLC. I am an Attorney, Mediator, and Collaborative Divorce lawyer.