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J. Matthew Catchick Jr.
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J. Catchick’s Answers

1,772 total


  • How do I get it removed

    Expungement for something 20 years ago no priors and never anything since!

    J.’s Answer

    My advice would be to secure records of that old conviction, if you can, and then consult with an experienced Expungement attorney to confirm if you are eligible. The rules regarding whether one is eligible to file an Application for Order Setting Aside Conviction (the technical term for an expungement action in Michigan) are somewhat technical, and you need to ensure you properly and timely serve all the requisite Parties with the Application and notice of the applicable court date, once it is has been scheduled by the appropriate court. I wish you all the best of luck, and I hope you enjoy a nice weekend. Warmest regards, Matt.

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  • Please "Click More" to see my full question: In summary: This is a Glen Mills school, Debt, Child support question.

    My ex and I are divorced. He pays child support, I have full custody. Yesterday my son was sentenced to Glen Mills School. I was told by the Glen Mills rep the cost was going to be about $60K/year, which would be split with my ex. (So $30K/year ea...

    J.’s Answer

    You may need to file a motion with the assigned Court, requesting a deviation from the standard guidelines of the Michigan Child Support formula, based on the unique circumstances of your son's residence. If your ex is timely paying in full his share of the school cost, that will likely be taken into consideration. My advice to you is to try to find a lawyer who is very well versed in the Michigan Child Support Formula, and that lawyer can hopefully advise you as to all your options given your unique situation and the costs of the school and transportation, and that lawyer can run hypothetical child support calculations. I wish all the best for your son. Warmest regards, Matt.

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  • IN MICHIGAN CAN WE GET THE MARRIAGE ANNULLED AND IS THERE A DEADLINE?

    I JUST GOT MARRIED DECEMBER 27TH, 2015. MY HUSBAND HAS DECIDED TO CALL IT QUITS ALREADY.

    J.’s Answer

    In Michigan, you must meet one of the specific statutory grounds for Annulment, such as: 1) bigamy; or 2) marriage to a close relative; or 3) one party, at the time of the marriage, was legally incompetent or insane. A super short marriage, in and of itself, is not one of the bases for annulment in Michigan. My advice to you is to consult with a local Family Law Lawyer (Randy Velzen and Liz Bransdorfer are both great, among many other excellent lawyers here on AVVO), who can confirm whether the facts and circumstances of your case meet the requirements to request an annulment. I wish you all the best of luck. Warmest regards, Matt.

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  • Do I need permission to take my son on vacation?

    I have physical custody of my son, but share joint legal. Am I able to take him out of state for vacation? Do I have to ask his father permission? It doesn't say I can't in my order, nor does it say anything about vacation time and it's not during...

    J.’s Answer

    I would recommend you send him an email notifying him of where and when you'll be, and maybe an emergency contact number (and keep a printed-out copy of that email). As long you are not taking him out of the country (to a country that is not a member of the Hague Convention), you should be fine. If he tries to object, you may have to take the issue to court, but I really hope you don't have to waste your money on something like that. Hopefully, the dad respects your courtesy in notifying him. I hope you enjoy a great vacation! Warmest regards, Matt.

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  • What is going to happen to my sister?

    My sister was arrested for a OWI back in Nov 2015 in Charlevoix Co MI. She was sentenced to probation, 5 days community service and she has 87 days jail held in abeyance. She came to live with me here in Mason Co. MI and was arrested again on Jan ...

    J.’s Answer

    It's very possible, even likely. Your sister definitely needs to either ASAP retain a local, experienced OWI lawyer for these various offenses, or she needs to be sure to request a court-appointed lawyer, as she is facing substantial jail time. Does she have health insurance where she can enroll in some substance abuse counseling? If not, she should at least start attending AA at least 2x per week, and be sure to get a signature every time she goes. She needs to start accumulating documentation that proves she recognizes her disease, as the Judges will want to know this. Her driver license will be revoked, so she also needs to consult with an experienced AHS lawyer, to confirm what she needs to do to eventually get her driving privileges restored. I am so sorry for your sister, and I wish her all the best of luck. Warmest regards, Matt.

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  • Can i, or how can I request not to testify in front of him?

    I got a subpoena to testify against my husband for a domestic violence case.

    J.’s Answer

    If the Court issued a subpoena for you to appear at Trial, and if you disregard that subpoena, you could be found in contempt and jailed yourself. IMHO, the single most effective way for you to avoid testifying at your husband's DV trial is to retain an experienced local criminal defense attorney to defend your rights against the prosecutor and/or Judge, who may be upset when they hear you are unwilling to cooperate. I wish you all the best of luck. Warmest regards, Matt.

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  • Can I fix this?Can I file against the referee? What can I do to not lose my house because of the referee in a way threateningme

    I had a Court date today in front of a referee. I'm worried I maybe to late to be asking this but I did not know this was how the situation would go. Child support fight has been going on since Oct last thing was done I sent in a letter on why my ...

    J.’s Answer

    I am so sorry you have to go through this. Unfortunately, IMHO, the best way for you to deal with this is to retain a family law lawyer who is very familiar with the Michigan Child Support Formula, and Manual. In Michigan, child support is almost always calculated pursuant to the Michigan Child Support Formula, which is a complex mathematical formula involving dozens of input variables. Your family law lawyer can confirm the facts of your case, and they can "run the numbers" to compare with what the Referee told you. Time is of the essence in your situation, so please ensure you consult with someone ASAP. I wish you all the best of luck, and I hope you enjoy a pleasant weekend. Warmest regards, Matt.

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  • What action can NYC court take against me if I am unable to represent myself in a divorce case in USA due to reasons explained?

    My husband filed for a divorce which is pending in the NYC court. However, in the meantime my visa expired and thus I left the country. Now, I am unable to afford my attorney fees in NYC since I am jobless. In addition, a similar case is pending i...

    J.’s Answer

    You really need to have an experienced NYC family law lawyer carefully review your situation, and advise you as to whether the NYC proceedings or the India proceedings takes precedence. I would kindly recommend you re-post your question under the "New York family law" section of Avvo, so you can get advice from family law lawyers who practice in New York. I wish you all the best of luck. Warmest regards, Matt.

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  • What are my rights? I do NOT wish to testify at all.

    Husband attacked me while on PPO I had against him. (Which is now dropped) Nothing too serious. Got subpoenad to court under DV case. I understand sprousal privilage does not apply. DO NOT want to testify against him. Don't really wish to get a la...

    J.’s Answer

    IMHO, the single most effective way for you to deal with the prosecutors in this type of situation is to retain your own, independent local criminal defense lawyer (Jeff West is great, among many other fine lawyers here on AVVO), who can serve as a "buffer" between you and the prosecutor. In DV cases, prosecutors have to deal with non-compliant witnesses all the time, and they often get frustrated and may even threaten to arrest you is you don't appear for the DV trial. If your desire it to try and "shut down" the DV charges against your husband, the best way to do that is have your own lawyer defending your rights. Please stay safe, and I wish you all the best of luck. Warmest regards, Matt.

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  • Can I request more time to respond to the divorce? How can I get an order for my husband to be required to pay for my attorney?

    My husband filed for a divorce and I only have one week left to file a response. I want to save our marriage and family. We have six children and I am a stay-at-home mom. My husband is the breadwinner for our family. However, he has had several pe...

    J.’s Answer

    I am so sorry your family has to endure these challenges. In Metro Detroit, many Judges will liberally set aside a default in a divorce case if the party retains a lawyer, but it is highly dependent on the facts and circumstances of each case, especially at what point in the proceedings the case is at when the default is requested to be set aside. Many lawyers accept credit cards (if that helps you), and some might be willing to take the case with either no or little money down, and then seek their fees from your husband. At the very least, you should schedule an initial consult with a local family law lawyer -- most here on AVVO offer free initial consults. I wish you all the best of luck. Warmest regards, Matt.

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