Bert Whitehead IV’s Answers

Bert Whitehead IV

Garden City Divorce / Separation Lawyer.

Contributor Level 5
  1. Is there anyway to force my husband out of the home?

    Answered about 2 years ago.

    1. Bert Whitehead IV
    2. Howard M Lewis
    3. Ronald S. Pichlik
    3 lawyer answers

    I'm sorry you are going through this. From a legal perspective, the only way to "force" your husband out is by either divorcing him, or by filing a separate maintenance action (which settles issues of property and spousal support, and allows you to be separated, but you remain married). The court could, as part of the property and spousal support settlement agreement, order that you will get the house and that he must go elsewhere. As part of the property settlement, the court may also grant...

    6 lawyers agreed with this answer

  2. My ex spouse claims he made a deal with the IRS to pay back taxes in the amount of 1700 per month.

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Bert Whitehead IV
    3. Neil M. Colman
    4. Christopher Michael Larson
    4 lawyer answers

    I would somewhat disagree with the other responses. I don't believe that the Fed comes first in this situation. Bottom line: he has a court order to pay you $1800 per month. He is obligated to pay that to you regardless of what other deals he makes with the Fed or any other creditor. If he fails to pay you the $1800, then you can take him to court for a show-cause hearing, where he must show why he is failing to pay your children their support. Regardless of what deals he makes with any one...

    4 lawyers agreed with this answer

  3. Parental rights

    Answered almost 2 years ago.

    1. Bert Whitehead IV
    2. Steven Arnold Heisler
    2 lawyer answers

    Hi there. The answer to your question depends on whether the bio-father was married to the mother, or not. I will assume no, first, and then yes further down. Parents not married: 1. Bio-dad's rights to child if mom dies. For a child born out of wedlock, a bio-dad has no rights unless he and the mother have signed an Affidavit of Parentage or the father has been determined to be the father by other court order, such as an Order of Filiation. Without these, the bio-dad has no more rights...

    4 lawyers agreed with this answer

  4. Asking for explanation of MarginSoft child support calculation.

    Answered almost 2 years ago.

    1. Bert Whitehead IV
    2. Neil M. Colman
    2 lawyer answers

    Looking at the numbers that you provided, it does not seem to be accurate that you would have to pay him anything. I would think that he should be paying you. Most family lawyers have the same Marginsoft software that the FoC uses. Therefore, I recommend that you contact a lawyer for a consultation and ask if they will re-run the numbers using the Marginsoft calculator. You'd want to also fax or email them a copy of the reports you received from the FoC. If there is an error, you can make a...

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  5. My neighbor is harassing me can she. Have video with audio on my family its about 20 feet from our front door

    Answered about 2 years ago.

    1. Bert Whitehead IV
    2. James T. Weiner
    2 lawyer answers

    Hi there, you can seek a Personal Protection order against them as well, which specifically indicates that they are not allowed to point lights into your property or videotape your activities. There is possibly a claim of trespass, but this would more difficult to prove and would take more time and expense. I would recommend trying the PPO option, but be specific about why you are asking for it, and what you are asking for. You can't file a PPO petition simply for retaliation because they filed...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. My ex H agreed to pay more than the state formula for child support. It was granted, now he wants to reduce it. Can he do that?

    Answered almost 2 years ago.

    1. Bert Whitehead IV
    2. Alfreda M. Menlove
    2 lawyer answers

    Hi there. You may have a chance, depending on the facts. The "state formula" you mention is a calculation by child support software that is used by the courts and many lawyers. The calculator requires one to enter the incomes of the parties, number of overnights in which the children will be with each parent, and other factors. It then calculates an amount that should be paid. The income can be actual income, if someone is employed. If a person is not employed, the income should be "...

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  7. Getting ex wife imputed for voluntarily not working. what can i do to get support lowered?

    Answered about 2 years ago.

    1. Bert Whitehead IV
    1 lawyer answer

    Hello. You could go for full custody but not if the motive is solely to change the child support equation. You may want to have a lawyer re-run your numbers, given that you have more parenting time overnights than her, and that your income is only $13 per hour. The formula also takes into consideration any other children you have by your new wife, or children of hers you support if she cannot get support for them. The formula also adjusts if you are paying for health insurance. Finally, there...

    2 lawyers agreed with this answer

  8. I received a DC 100c there is not a reason on it. I withheld 50.00 from rent due to him parking a large trailer in my space.

    Answered 6 months ago.

    1. Bert Whitehead IV
    1 lawyer answer

    Hello. With a DC100c, the landlord does not need to give you a reason for evicting you (when telling you to get out), as long as they give you the minimum required notice (30 days). However, once the 30 days is over, they must still file a DC 102c, and on that document, they must list the reasons. Any reason is valid as long as allowed by the lease. For example, if you are living there on a month-to-month lease, they can seek to evict you for no reason, with 30 days notice followed by a DC 102c...

    1 lawyer agreed with this answer

  9. How do i get someone that staying in my rental property out?

    Answered almost 2 years ago.

    1. John J. Keenan
    2. Bert Whitehead IV
    3. Peter Walter Weston
    3 lawyer answers

    John is correct with the procedure, and that you can get the forms online at the Michigan Courts website, at: http://courts.michigan.gov/scao/courtforms/landlord-tenantlandcontract/ltlindex.htm Hope this is helpful.

    1 lawyer agreed with this answer

  10. Kids being taking away.

    Answered almost 2 years ago.

    1. Bert Whitehead IV
    2. Neil M. Colman
    3. James T. Weiner
    3 lawyer answers

    Hi there, I'm sorry you are going a divorce. I know this must be tough. He cannot take the children away, without your consent, unless the court agrees that it is in the best interests of the children to do so. Michigan law, however, starts with the presumption that it is in the best interests of the children to have a strong and loving relationship with both parents equally. From that presumption, then each parent may argue that it is in the best interests of the children to spend more...

    1 lawyer agreed with this answer