MODIFICATION OF CHILD SUPPORT, WHEN CAN YOU DO IT?
Your Flint Lawyer may petition and the court may modify child support provisions in judgments at any time until the child reaches 18 years of age and until the age of 191/2 under statutes providing for postmajority support.
Terry Bankert is a Flint Divorce Lawyer who will assist you. He practices exclusively in family law as your child support lawyer, child custody attorney or overall Flint Divorce Lawyer. Call Terry Bankert at 235-1970
(see §5.12). Your Flint child support and divorce lawyer will tell you that the specific statutes provide for modification
"as the circumstances of the parents and the benefit of the children require,"
MCL 552.17(1)(divorce, separate maintenance, annulment)
"upon proper application to the court and due notice to the opposite party," MCL 552.455 (Family Support Act)
"for proper cause shown or because of change of circumstances," MCL 722.27(1)©) (Child Custody Act)
The trial court may modify support while a Flint Divorce Layer is conducting an appeal which is pending, if the motion to modify is based on changed circumstances. Lemmen v Lemmen, 481 Mich 164, 749 NW2d 255 (2008).
Under MCR 7.208(A)(4), a trial court may only amend a judgment after a claim of appeal has been filed or leave to appeal has been granted if an exception is "otherwise provided by law."
Under MCL 552.17(1) and .28, a trial court may modify child or spousal support after the judgment has been entered if there is a change in circumstances.
In Lemmen, the supreme court held that the statutes are exceptions "otherwise provided by law" with regard to child and spousal support, if the trial court finds that there has been a change in circumstances.
Your Flint Divorce Lawyer will state the modification of child support orders is within the discretion of the court. Wyzenkiewicz v Wyzenkiewicz, other 224 Mich 11, 194 NW 482 (1923); Edwards v Edwards, 192 Mich App 559, 481 NW2d 769 (1992). A Flint child support attorney , such as attorney Terry Bankert, will tell you an order may be modified for the welfare of a child at any time during minority.
Stoutenburg v Stoutenburg, other 285 Mich 505, 281 NW 305 (1938); Puzzuoli v Puzzuoli, 3 Mich App 594, 143 NW2d 162 (1966). The Genesee County court must adhere to the requirements of MCL 552.17 when the modification of a child support order deviates from the MCSF. Burba v Burba (After Remand), 461 Mich 637, 610 NW2d 873 (2000). Income disparity, by itself, does not warrant deviation from the formula. Id.
Even if a divorce judgment has no provision for child support, the parent’s general support obligation is sufficient to modify the judgment to provide support necessary for a child’s welfare. Doughty v Doughty, other 292 Mich 319, 290 NW 812 (1940); see also Ballard v Ballard, 40 Mich App 37, 198 NW2d 451 (1972).
A Michigan court may order support where the divorce judgment entered in another state does not provide for child support. Scott v Scott, 182 Mich App 363, 451 NW2d 876 (1990). See §§5.54–5.62 for interstate support requirements.
A divorce judgment may be modified to provide for the support of a child born after the judgment was entered. Weaver v Weaver, 15 Mich App 15, 166 NW2d 4 (1968).
Wednesday, October 15, 2008
Tuesday, October 14, 2008
TEMPORARY RESTRAINING ORDERS IN MICHIGAN DIVORCE
FLINT DIVORCE TEMPORARY RESTRAINING ORDER
What is a temporary restraining order from a Flint County Family Court?
Requirements for a Flint Divorce Attorney seeking and the court granting a temporary restraining order (TRO): Flint Fathers Rights , Childrens Rights and Flint Mothers Rights equally apply.
It clearly appears from specific facts, as Prepared by a Flint Divorce Lawyer, shown in an affidavit or a verified pleading that immediate and irreparable injury, loss, or damage will result to the applicant from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be entered.
The applicant’s Flint Attorney certifies in writing any efforts to give notice and why notice should not be required.
A permanent record , By A Flint Family Court Judge, is made of non written evidence, arguments, or representations supporting the application. A record is what is done in front of a Flint Family Court Judge after the case is called. The record is produced by ordering transcripts.
The order, prepared by your Flint Divorce attorney, must be (1) endorsed with the date and time it is issued, (2) describe the injury and why it is irreparable, and (3) state why the order was granted without notice.
Domestic relations TROs (unlike others) need not expire within a fixed period, and the court need not set a date for further hearing.
Motions for Temporary Orders as prepared by your Flint Divorce Lawyer outline follows;
A Flint Lawyer will prepare your Motions for temporary orders . Flint attorney pleadings typically concern Flint child custody and Flint support, Flint parenting time adjustments, marital restraints on distributing property, residence in the marital home, sometimes called exclusive use of the marital home, and requests for Flint attorney fees.
A Flint Lawyer’ s motion for a temporary order differs from an ex parte order in that it may not be granted without a hearing, unless the parties agree otherwise. MCR 3.207©)(2).
The motion may be made , by your Flint Legal Counsel, at any time during the pendency of a case by filing a verified motion setting forth facts sufficient to support the relief requested. MCR 3.207©)(1).
Other provisions regarding the Flint Divorce temporary order include the following:
The Flint Divorce order may be modified at any time, following a hearing and on a showing of good cause.
The Flint Divorce order must state its effective date and whether it may be modified retroactively by a subsequent order.
The Flint Divorce order remains in effect until modified or until entry of the final judgment or order.
The Flint Divorce Temporary order vacated by entry of the final judgment or order, unless specifically continued or preserved. An exception is support arrearage that have been assigned to the state.
MCR 3.207©)(3)–(6).
Your Flint Judge may not grant exclusive use of the marital home to one party in the absence of evidence of abusive conduct, a risk of physical harm, or conduct detrimental psychologically or emotionally to the children. That the petitioner is "uncomfortable" with the living arrangement probably does not justify depriving the other party of a residence.
At any time, a Flint Divorce party may request that the court order the other party to pay all or part of the attorney fees and expenses related to the action or a specific proceeding, including a Flint post judgment proceeding. The motion must allege facts sufficient to show that the petitioner is unable to bear the expense and that the other party is able to pay. Alternatively, the motion must allege facts sufficient to show that the fees and expenses were incurred because the other party was able to comply with a previous court order but refused. MCR 3.206©).
Posted here by
Terry Bankert
http://attorneybankert.com/
and
http://dumpmyspouse.com
What is a temporary restraining order from a Flint County Family Court?
Requirements for a Flint Divorce Attorney seeking and the court granting a temporary restraining order (TRO): Flint Fathers Rights , Childrens Rights and Flint Mothers Rights equally apply.
It clearly appears from specific facts, as Prepared by a Flint Divorce Lawyer, shown in an affidavit or a verified pleading that immediate and irreparable injury, loss, or damage will result to the applicant from the delay required to effect notice, or that notice itself will precipitate adverse action before an order can be entered.
The applicant’s Flint Attorney certifies in writing any efforts to give notice and why notice should not be required.
A permanent record , By A Flint Family Court Judge, is made of non written evidence, arguments, or representations supporting the application. A record is what is done in front of a Flint Family Court Judge after the case is called. The record is produced by ordering transcripts.
The order, prepared by your Flint Divorce attorney, must be (1) endorsed with the date and time it is issued, (2) describe the injury and why it is irreparable, and (3) state why the order was granted without notice.
Domestic relations TROs (unlike others) need not expire within a fixed period, and the court need not set a date for further hearing.
Motions for Temporary Orders as prepared by your Flint Divorce Lawyer outline follows;
A Flint Lawyer will prepare your Motions for temporary orders . Flint attorney pleadings typically concern Flint child custody and Flint support, Flint parenting time adjustments, marital restraints on distributing property, residence in the marital home, sometimes called exclusive use of the marital home, and requests for Flint attorney fees.
A Flint Lawyer’ s motion for a temporary order differs from an ex parte order in that it may not be granted without a hearing, unless the parties agree otherwise. MCR 3.207©)(2).
The motion may be made , by your Flint Legal Counsel, at any time during the pendency of a case by filing a verified motion setting forth facts sufficient to support the relief requested. MCR 3.207©)(1).
Other provisions regarding the Flint Divorce temporary order include the following:
The Flint Divorce order may be modified at any time, following a hearing and on a showing of good cause.
The Flint Divorce order must state its effective date and whether it may be modified retroactively by a subsequent order.
The Flint Divorce order remains in effect until modified or until entry of the final judgment or order.
The Flint Divorce Temporary order vacated by entry of the final judgment or order, unless specifically continued or preserved. An exception is support arrearage that have been assigned to the state.
MCR 3.207©)(3)–(6).
Your Flint Judge may not grant exclusive use of the marital home to one party in the absence of evidence of abusive conduct, a risk of physical harm, or conduct detrimental psychologically or emotionally to the children. That the petitioner is "uncomfortable" with the living arrangement probably does not justify depriving the other party of a residence.
At any time, a Flint Divorce party may request that the court order the other party to pay all or part of the attorney fees and expenses related to the action or a specific proceeding, including a Flint post judgment proceeding. The motion must allege facts sufficient to show that the petitioner is unable to bear the expense and that the other party is able to pay. Alternatively, the motion must allege facts sufficient to show that the fees and expenses were incurred because the other party was able to comply with a previous court order but refused. MCR 3.206©).
Posted here by
Terry Bankert
http://attorneybankert.com/
and
http://dumpmyspouse.com
Monday, October 13, 2008
Flint Divorce attorney lawyer on No Fault Divorce
What is a no-fault divorce?
In Genesee County Flint Mi USA -A no-fault divorce is one in which neither spouse (husband or wife) blames the other in court documents for the breakdown of the marriage.
You should consult an attorney / lawyer for your divorce. To find an attorney contact dumpmyspouse , or attorneybankert ( Terry Bankert). Just google these names.
Your Flint Attorney will tell you no accusations or need to prove "guilt" or cause of the breakdown are required in a Flint Divorce.
Your Flint Lawyer will tell you A common basis for a no-fault divorce is "irreconcilable differences" or "irretrievable marriage breakdown."
In a simple divorce or a contested one ,As those terms imply, the marriage is considered to be over, but the court and the legal documents do not try to assign blame. You may have a legal separation or an informal one.
Your Flint Divorce Attorney will advise: Another common basis for no-fault divorce is the parties living separately for a certain period of time, such as for six months or a year, with the intent that the separation be permanent.
Fault can be used to decide who gets what property.
By Terry Bankert
In Genesee County Flint Mi USA -A no-fault divorce is one in which neither spouse (husband or wife) blames the other in court documents for the breakdown of the marriage.
You should consult an attorney / lawyer for your divorce. To find an attorney contact dumpmyspouse , or attorneybankert ( Terry Bankert). Just google these names.
Your Flint Attorney will tell you no accusations or need to prove "guilt" or cause of the breakdown are required in a Flint Divorce.
Your Flint Lawyer will tell you A common basis for a no-fault divorce is "irreconcilable differences" or "irretrievable marriage breakdown."
In a simple divorce or a contested one ,As those terms imply, the marriage is considered to be over, but the court and the legal documents do not try to assign blame. You may have a legal separation or an informal one.
Your Flint Divorce Attorney will advise: Another common basis for no-fault divorce is the parties living separately for a certain period of time, such as for six months or a year, with the intent that the separation be permanent.
Fault can be used to decide who gets what property.
By Terry Bankert
Sunday, October 12, 2008
Dealing with divorce.
Just think about all the time you spend meeting, courting, getting to know your spouse.
The investment of time and energy in meeting family and friends. The emotional investment in planning and performing the marriage. The dreams of stability and family. We expect marriage to be permanent. Divorce changes everything our relationships with children , family and friends. Divorcing or saying to your self you want to Dump My Souse (dumpmyspouse) is the beginning of a new path in your life.
ENDING A MARRIAGE
Divorce may bet the only option. But unless it is simply and uncontested this ending of romance and partnership will emotionally impact both spouses.
Divorce is the process of getting into court to end a partnership. Divorcing is an emotional process of healing and building your self up emotionally.
WHO IS TERRY BANKERT?
Our marking though these key words and concepts allows us to bring a message to you.
Terry Bankert is a Flint Divorce Lawyer attorney. His practice issues involve Child custody, child support, fathers and mothers parenting times. The parents should attempt to cooperate. He is described as a Flint attorney, Genesee County lawyer, Clio attorney, Burton lawyer, Davidson attorney, Flushing lawyer, military divorce attorney, Flint lawyer, Michigan attorney, Flint alimony, Flint fathers rights, Flint mothers rights.
Often the emotions of the parents takes the emotional hurt to the children. Please do all you can to keep your hurt from the children. Bankert also represents parents in several other issue areas. They are; Flint grandparents rights, Flint paternity attorney ,Flint Child visitation Lawyer, Bankert is a Flint spousal support attorney , one of the Flint lawyers, or Flint attorneys, he handles Flint guardianship,he prectices exclusively in Flint family court.
Often people in divorce only look at their own emotions. We should also consider , Flint childrens rights, and Flint parents rights.
There are ways to settle your issues privately through Flint mediation and Flint collaborative law. Once an order is entered you may need help getting what is yours. You can ask for Flint child support collection, Flint divorce judgement enforcement, and Flint judgement changes. Some divorces have few issues not resolved by the parties. You may have a Flint uncontested divorce , and you may agree on Flint child support payment. Call and ask about Flint simple divorce, at our Flint Law Firm, law.
Bankert practices Law in the court rooms of Judge Duncan Beagle, Judge Michael Theile, Judge David Newblatt, Judge John Gadola, Judge Robert E. Weiss. Terry Bankert can be found by googling his name terrybankert or , attorneybankert , Bankert can also be found at the internet sites, findlaw, lawyers com, dumpmyspouse, terrybankert blogspot.
The Emotional Process of Divorce
Many feel a predictable range of emotions through the divorce process. These emotions range from denial, rage, futility, rebuilding, hope and building for the future.
You attorney will tell you the process stages of divorce. But what are the emotional stages? Know you are not alone. 50% of the population divorces. It may help for you to know the emotional stages of divorce and how most people emotionally react. What then are the emotional steps of divorce?
GENERALLY
1.facing the reality of the divorce
2.working through painful feelings
3.experiencing the full range of emotions associated with the breakdown of a marriage
4.coping with the situational and lifestyle changes resulting from loss
5.adapting to the change, and reconfiguring life
A."Shock and Disbelief" begins as soon as the idea of a separation and divorce is introduced and sinks in. It involves four major tasks and issues to be worked through.
Facing reality
Self esteem and inadequacy
Telling the world
Support and help
B. "Initial Adjustment" involves the ability of people to actively adapt to this new phase of their lives. The primary goal of this stage is adaptation and mustering the personal resources needed to manage the many emotional and practical changes faced by people during this phase of their divorce work, and tasks include:
Functioning and responsibility
Practical reality
Legal Matters
Managing emotions
C. "Active Re-organization" centers around how people live their lives and cope with the tasks of being suddenly single. Major tasks to be dealt with and worked through include:
Managing life style and practical affairs
Re-defining relationships
Reconstructing personal values and beliefs
Concluding legal procedures
D. "Life Re-formation" represents the final steps as readers pass through to the "other" side of their divorce. During this stage people deal with the emotional issues and life choices involved as they move on with their lives.
Constructing relationships
New interests
Personal responsibility
Accepting your new life
SO HOW DO YOU HANDLE DIVORCE
" Shock and disbelief typically passes the most quickly. It's the quick hit, and sometimes numbing shock wave, as people realize their marriage is over. Follow your heart, create a support group but be concerned about your children. Your "Initial Adjustment" and " Active Re-organization" are the most active times for you this includes the legal divorce process active legal, practical, and emotional changes in your life. The final process " life Re - formation" stage represents that time in life during which husband and wife are moving far away from their divorce, and into their new life. This time has no formal "end," and is marked by the full acceptance of the divorce and a resolution of most of the practical issues and many of the emotional.
You are not in this alone.
Source
Rich,Phil Ed.D., MSW at
http://www.selfhelpmagazine.com/articles/divorce/fourstages.html
Womans Divorce
http://www.womansdivorce.com/healing.html
Healing from Divorce
http://www.alovelinksplus.com/advice/rhonda_findling/healing-from-divorce.htm
The investment of time and energy in meeting family and friends. The emotional investment in planning and performing the marriage. The dreams of stability and family. We expect marriage to be permanent. Divorce changes everything our relationships with children , family and friends. Divorcing or saying to your self you want to Dump My Souse (dumpmyspouse) is the beginning of a new path in your life.
ENDING A MARRIAGE
Divorce may bet the only option. But unless it is simply and uncontested this ending of romance and partnership will emotionally impact both spouses.
Divorce is the process of getting into court to end a partnership. Divorcing is an emotional process of healing and building your self up emotionally.
WHO IS TERRY BANKERT?
Our marking though these key words and concepts allows us to bring a message to you.
Terry Bankert is a Flint Divorce Lawyer attorney. His practice issues involve Child custody, child support, fathers and mothers parenting times. The parents should attempt to cooperate. He is described as a Flint attorney, Genesee County lawyer, Clio attorney, Burton lawyer, Davidson attorney, Flushing lawyer, military divorce attorney, Flint lawyer, Michigan attorney, Flint alimony, Flint fathers rights, Flint mothers rights.
Often the emotions of the parents takes the emotional hurt to the children. Please do all you can to keep your hurt from the children. Bankert also represents parents in several other issue areas. They are; Flint grandparents rights, Flint paternity attorney ,Flint Child visitation Lawyer, Bankert is a Flint spousal support attorney , one of the Flint lawyers, or Flint attorneys, he handles Flint guardianship,he prectices exclusively in Flint family court.
Often people in divorce only look at their own emotions. We should also consider , Flint childrens rights, and Flint parents rights.
There are ways to settle your issues privately through Flint mediation and Flint collaborative law. Once an order is entered you may need help getting what is yours. You can ask for Flint child support collection, Flint divorce judgement enforcement, and Flint judgement changes. Some divorces have few issues not resolved by the parties. You may have a Flint uncontested divorce , and you may agree on Flint child support payment. Call and ask about Flint simple divorce, at our Flint Law Firm, law.
Bankert practices Law in the court rooms of Judge Duncan Beagle, Judge Michael Theile, Judge David Newblatt, Judge John Gadola, Judge Robert E. Weiss. Terry Bankert can be found by googling his name terrybankert or , attorneybankert , Bankert can also be found at the internet sites, findlaw, lawyers com, dumpmyspouse, terrybankert blogspot.
The Emotional Process of Divorce
Many feel a predictable range of emotions through the divorce process. These emotions range from denial, rage, futility, rebuilding, hope and building for the future.
You attorney will tell you the process stages of divorce. But what are the emotional stages? Know you are not alone. 50% of the population divorces. It may help for you to know the emotional stages of divorce and how most people emotionally react. What then are the emotional steps of divorce?
GENERALLY
1.facing the reality of the divorce
2.working through painful feelings
3.experiencing the full range of emotions associated with the breakdown of a marriage
4.coping with the situational and lifestyle changes resulting from loss
5.adapting to the change, and reconfiguring life
A."Shock and Disbelief" begins as soon as the idea of a separation and divorce is introduced and sinks in. It involves four major tasks and issues to be worked through.
Facing reality
Self esteem and inadequacy
Telling the world
Support and help
B. "Initial Adjustment" involves the ability of people to actively adapt to this new phase of their lives. The primary goal of this stage is adaptation and mustering the personal resources needed to manage the many emotional and practical changes faced by people during this phase of their divorce work, and tasks include:
Functioning and responsibility
Practical reality
Legal Matters
Managing emotions
C. "Active Re-organization" centers around how people live their lives and cope with the tasks of being suddenly single. Major tasks to be dealt with and worked through include:
Managing life style and practical affairs
Re-defining relationships
Reconstructing personal values and beliefs
Concluding legal procedures
D. "Life Re-formation" represents the final steps as readers pass through to the "other" side of their divorce. During this stage people deal with the emotional issues and life choices involved as they move on with their lives.
Constructing relationships
New interests
Personal responsibility
Accepting your new life
SO HOW DO YOU HANDLE DIVORCE
" Shock and disbelief typically passes the most quickly. It's the quick hit, and sometimes numbing shock wave, as people realize their marriage is over. Follow your heart, create a support group but be concerned about your children. Your "Initial Adjustment" and " Active Re-organization" are the most active times for you this includes the legal divorce process active legal, practical, and emotional changes in your life. The final process " life Re - formation" stage represents that time in life during which husband and wife are moving far away from their divorce, and into their new life. This time has no formal "end," and is marked by the full acceptance of the divorce and a resolution of most of the practical issues and many of the emotional.
You are not in this alone.
Source
Rich,Phil Ed.D., MSW at
http://www.selfhelpmagazine.com/articles/divorce/fourstages.html
Womans Divorce
http://www.womansdivorce.com/healing.html
Healing from Divorce
http://www.alovelinksplus.com/advice/rhonda_findling/healing-from-divorce.htm
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