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Daniel Findling
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Daniel Findling’s Answers

369 total


  • In my divorce the papers state in Federal Income Tax Exemptions 2

    In my divorce the papers state in Federal Income Tax Exemptions 2 that I would claim my oldest and my ex could claim my youngest. I was told this is referring to “claiming as a dependent” That I can not legally file trace for a dependent however I...

    Daniel’s Answer

    There are laws under the Internal Revenue Code and laws in the divorce. Under the IRC, see form 8332. Under State law, the Judgment of Divorce controls. I have attached a few links to help clear things up.

    Daniel

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  • My wife has been having an affair and now has left the home and has moved in with him witness by my adult daughter.Help needed?

    HOME PAID OFF WITH DISABILITY SETTLEMENT FUNDS AGREED BY HER DURING MY SURGICAL RECOVERY, THEN AFFAIR STARTED,,NO YOUNG CHILDREN.Disabled and cared for by daughter living with me .WIFE DOES NOT HAVE INCOME AND DEPENDS ON THE MAN SHE MOVED IN WITH ...

    Daniel’s Answer

    Fault can play a role in a divorce, but typically the fault must be more than an "affair". I have

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  • Is the non custodial parent required to carry dental insurance on mminor children?

    Non custodial parents birthday is before custodial which makes non custodial insurance primary, but they do not carry dental-is that legal?

    Daniel’s Answer

    Under the Michigan Child Support Formula Manual there is a provision for Health Insurance Premium (HIP) so, health insurance is part of a support amount. If dental insurance is purchased, the cost may be included in the insurance portion of the child support.

    Daniel

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  • My question is about marital joint ownership after a divorce. I want to receive my half of a timeshare purchased during marriage

    my wife and I purchased a timeshare during our marriage. When we divorced, the timeshare remained in both our names. Now I would like to sell and receive my portion of the timeshare. Do I require her permission to receive it if she prefers to mai...

    Daniel’s Answer

    You are likely limited by the restrictions in the timeshare agreement. If you and your spouse are on a deed, you may be able to sue him to partition the property.

    Daniel

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  • Signed a divorce agreement between parties in front of Judge and lawyers. When it was signed by Judge, not the org agreement.

    I received my final copy of divorce from my lawyer and it was not the agreement that was made in Court months earlier. I made the corrections and took the signed copy to my lawyers office. She stated she could not hand this mess over to the Judge....

    Daniel’s Answer

    If the mistake is a mutual mistake, ask your you can file an amended judgment of divorce. If the mistake was your lawyers, you must file a motion. In either case, talk to your lawyer.

    Daniel

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  • My husband and I have been separated for over 5 years, can i file as single?

    We filed jointly up to 2009, but he moved out of state, I also moved, but have not had income until now.

    Daniel’s Answer

    Please speak to an accountant regarding this question. Notwithstanding, my subject belief is you can file married filing separate, but not single until you are divorced. You may also visit the IRS website at IRS.gov for more information.

    Daniel

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  • Divorced and moving

    Foreclosure on the family home is forcing me to move. I want to move 45 minutes away. I have the kids on Thursday nights and have a home which is 13 minutes away from the school that I can stay at on thursdays. My ex says the move does not provid...

    Daniel’s Answer

    The 100 mile rule is measured in radial miles (as the crow flies) and not in driving miles. If you are within 100 radial miles you can move without seeking the court's permission.

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  • What punishments does the law allow when non custodial does not pay child support while living in another state & isn't working?

    ex-wife dropped 17 yr old off with me and abruptly moved to Arizona with her boyfriend. viewing the BF's FB page i was able to get their address in AZ. i went to court last week and got a signed order giving me custody of my son & an order for h...

    Daniel’s Answer

    First, it is important to understand that it may be difficult to collect from your ex-wife if she has not assets or income. Notwithstanding, since a support order is in effect, you can seek enforcement via the threat of jail (felony non-support), interception of her tax refund, and a show cause. The Michigan order is enforceable in all fifty States.

    Daniel

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  • Is there a law with an age restriction when leaving a child home alone?

    We are looking into our daughter staying home alone for 30 min between getting off of the bus and us coming home from work. We want to know if there are any age restrictions or if we feel our child is ready and responsible enough to stay home than...

    Daniel’s Answer

    Not in Michigan as it depends on the child's maturity level.

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  • Divorced last year. laid off every few weeks. can i get child support lowered

    I have had multiple weeks of layoff this year and got injured on work last year and made 17,000 less than normal. My question is with all of these layoff weeks, can i get my child support lowered to reflect all of the layoff weeks? And how do i go...

    Daniel’s Answer

    Child support can be modified anytime there is a material change in circumstances. You can modify support on your own or with the help of a lawyer. I have provided a link to the process.

    Daniel

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