Bert Whitehead IV’s Answers

Bert Whitehead IV

Garden City Divorce / Separation Lawyer.

Contributor Level 6
  1. Is there anyway to force my husband out of the home?

    Answered over 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 almost 2 years 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 over 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. My ex and I have agreed to make some changes to our child support and perhaps custody. How can we do this?

    Answered 3 months ago.

    1. Bert Whitehead IV
    2. Craig A. Davis
    3. Anne E. Schulte
    4. Charles M. Kronzek
    4 lawyer answers

    First of all, Michigan LAW presumes that it is in the best interests of the child if parents agree as to both custody and parenting time. MCL 722.26a(2) states that, "If the parents agree on joint custody, the court shall award joint custody unless the court determines on the record, based upon clear and convincing evidence, that joint custody is not in the best interests of the child." MCL 722.27a (2) states that, "If the parents of a child agree on parenting time terms, the court shall...

    Selected as best answer

  5. Can you live in a two bedroom apartment with four children and one adult?

    Answered 3 months ago.

    1. Bert Whitehead IV
    2. Nancy Loukus Ballast
    2 lawyer answers

    Yes, one can live in a two bedroom apartment with four children and one adult. There is no law against that, nor is there a presumption in family law court that such an arrangement is not fit for the children. However, it certainly can be a fact that weighs against the ex-wife when the court considers the best interests of the children. The court uses the twelve "best interest factors" of Michigan statute MCL 722.23 to determine whether it is in the best interests of the children for a...

    3 lawyers agreed with this answer

  6. Asking for explanation of MarginSoft child support calculation.

    Answered over 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...

    Selected as best answer

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

    Answered over 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

  8. 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 about 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 "...

    Selected as best answer

  9. Seeking attorney in child custody (12 yr old boy). Need asap and looking for smaller retainer.

    Answered 3 months ago.

    1. Bert Whitehead IV
    2. Ravi R. Gurumurthy
    3. Melissa J. Houghton-Heinig
    4. Charles M. Kronzek
    4 lawyer answers

    Hi there, our firm serves the entire state of Michigan, including with in-person representation in any county, and our initial retainers are $750. We also offer monthly payment plans on the remainder of your fees. Our overall costs are typically much less expensive than the average lawyer, as well. If you do not qualify for free legal aid, then we are often the next best alternative for lower- and moderate-income people.

    2 lawyers agreed with this answer

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

    Answered over 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