Margaret J. Nichols’s Answers

Margaret J. Nichols

Ann Arbor Mediation Attorney.

Contributor Level 8
  1. Ex wife never went through the Friend of the Court and assigned her support rights to a private agency.. is it discharged.

    Answered about 2 years ago.

    1. Margaret J. Nichols
    2. James T. Weiner
    2 lawyer answers

    You will need good records and a lawyer to figure this one out as much depends on when you last made a payment and which Statute of Limitations applies. If your son is 36, support was due under a pre-1997 order and the SOL is 10 years from when each payment was due. Any payments made toward the support obligation operate to extend the statute of limitations. See, Yates v Yates, 261 Mich App 152; 681 NW2d 5 (2004). The courts have found the payments to be voluntary, even if the money was taken...

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  2. Contact clause in custody arrangement

    Answered 6 months ago.

    1. Peter L. Conway
    2. John F. Brennan
    3. Eileen Warshaw
    4. Margaret J. Nichols
    5. William S. Stern
    5 lawyer answers

    The threat from your former spouse is concerning, especially in the context of what is supposed to be joint decision making about the important issues affecting your children. If you want to try to address this issue without ramping up the stress, try sending a message that includes a request that your ex consider a mutual agreement along the lines of the following: We agree: 1. We will not have significant others spend the night when the child(ren) are home unless we are in a committed...

    4 lawyers agreed with this answer

  3. Can I move in with another woman if I have a child with another.

    Answered about 2 years ago.

    1. Margaret J. Nichols
    2. Michael Joseph Haskell
    3. Joel David Kershaw
    3 lawyer answers

    Maybe it would help to acknowledge that you certainly have complicated your family life with two small children in the balance. The mothers are competitors, obviously, and afraid that their child will not fare well in the care of the other mother. Try letting each mother know that you realize this is a strain for all but that YYY will have a better shot at being a well rounded human being if he knows and experiences the love of both his parents. See if the court has a mediation service...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Joint Legal Custody and Release of Medical Records

    Answered about 2 years ago.

    1. Margaret J. Nichols
    2. Neil M. Colman
    2 lawyer answers

    If father filled out a permission to release records to third party, grandmother, and the records were sent to grandmother on that basis, the psychologist may be okay, but the better practice would have been to contact the other joint legal custodian BEFORE the release. Father had the right to see the records but they should only be disclosed under a prohibition of release to any other entity absent further release by the custodians. Grandmother cannot boot strap her way into a parental access...

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  5. My ex was ordered in divorce to take my name off mortgage he never did and loan now in foreclosure. What action can I take?

    Answered about 2 years ago.

    1. John F. Brennan
    2. Henry S. Gornbein
    3. Margaret J. Nichols
    3 lawyer answers

    While I agree with the other answers that enforcement of the requirement to take your name off the mortgage depends on the language in the Judgment, it also depends on whether ANY lender would have allowed the house to be refinanced and whether you knew that at the time of the entry of the Judgment. Was the loan balance greater than the value? Was your former spouse unemployed or underemployed such that paying the mortgage would have been out of reach? If so, the requirement to remove your...

    2 lawyers agreed with this answer

  6. I am a first time felon, i took a plea am i able to get that removed off my record?

    Answered about 2 years ago.

    1. Nicholas A. Leydorf
    2. Ronald S. Pichlik
    3. Margaret J. Nichols
    3 lawyer answers

    There is a brand new website undergoing a test run that may be of assistance to you. It is called Michigan Legal Help and contains self-help tools and forms for people to accomplish solving their own legal problems, if they can. Expungement of records is one of the active tools. Go to www.michiganlegalhelp.org (copy this address into a web browser). You answer the questions and find out if you are eligible to set aside your conviction and there is a section about asking the court to set...

    1 lawyer agreed with this answer

  7. In Michigan can a person divorce a spouse who has been declared mentally incompetent?

    Answered about 4 years ago.

    1. Henry S. Gornbein
    2. Margaret J. Nichols
    2 lawyer answers

    Henry is correct. Because a person who is legally mentally incompetent cannot be "available" to negotiate a settlement, someone else must stand in her or his place. Procedure varies from county to county on the appointment of a guardian for such a person. If the mentally incompetent spouse already has a guardian, he or she can hire an attorney (or ask the court to appoint one if the ward is indigent) so that the case can proceed with the interests of the incompetent person taken into account....

    1 person marked this answer as helpful

  8. Received notice of being sued, verified complaint for divorce. Do I need a lawyer? No children, Michigan.

    Answered about 2 years ago.

    1. Peter L. Conway
    2. Erika Leuffen Salerno
    3. Henry S. Gornbein
    4. Wesley Johnson Todd
    5. Thomas Jefferson Murphy
    6. ···
    6 lawyer answers

    It cannot hurt to at least sit down with counsel, go over what the outcomes could be, and then decide if you can represent yourself. If you know what is reasonable to expect, you can communicate this to your spouse and ask to see a proposed Judgment that contains such terms. If you both sign it and ask that it become the Judgment of Divorce, then you are done pretty cheaply. Alternatively, some lawyers offer an "unbundled" service that allows you to sign up for only what you want, such as...

  9. Is there anyway to have my father's rights terminated but my not my mothers?

    Answered about 2 years ago.

    1. Christine Marie Heckler
    2. Joshua Duane Jones
    3. Margaret J. Nichols
    3 lawyer answers

    First, let me say that I am sorry for your situation. Try to bring along books, games, whatever so that you can keep yourself occupied while you are with your dad. Second, I don't think we are talking about terminating your father's parental rights at all, for the reasons that other writers have already stated. Rather, I think you are seeking to adjust his parenting time to something that is more in line with your wishes. It sounds as if your mother has already asked the divorce judge at...

  10. Does a dad file for a custody order through the state that he and the child live in, or where child support was ordered from?

    Answered about 2 years ago.

    1. Ezra N. Goldman
    2. Neil M. Colman
    3. Margaret J. Nichols
    3 lawyer answers

    Your question does not say, but I surmise that you were never married to mother. Read your Wisconsin child support order carefully. It may well say that the child cannot be moved out of state without the court's permission. If Michigan is now the "home state" (see answers above), the Michigan family court where you live will decide whether mother can move the child from Michigan and, if yes, what arrangements must be made for you to have parenting time with the child. If you cannot afford a...