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Ellen M. Paynter's Answers

Ellen M. Paynter
West Bloomfield Family Law Attorney.
Contributor Level 5

4

Attorney answers:

  1. Ellen M. Paynter
  2. Henry S. Gornbein
  3. Michael H. Cutler
  4. Mary Katherine Brown

Do i need a divorce lawyer and how much would it cost?

Asked by a user in Detroit, MI - 3 months ago.

In order to file for divorce in Michigan one of you must have lived in Michigan for at least the last six months. If the minor child has not been in Michigan the last six months, it is possible that Michigan does not have jurisdiction over the minor child. You will need to consult with a divorce attorney that practices in your County to confirm that Michigan has jurisdiction over your matter. Divorce attorneys generally charge hourly rates. The amount your case will cost depends on...

4 lawyers agreed with this answer

2

Attorney answers:

  1. Ellen M. Paynter
  2. Paula Brown Sinclair

A couple of years ago while in front of our judge I offered to pay my ex $400 per year for extra cirricular expenses.$200 per

Asked by a user in Muskegon, MI - 4 months ago.

If this extracirrcular expense payment is included in your child support order, you most likely cannot retroactively modify it. So, if your child support order does not say that the other parent has to prove payment of these expenses, you most likely will not be able to get the money back from last year. However, it may be possible to can file a motion to modify your child support order for the future so that either this provision is removed or clarified to provide that you only pay when...

4 lawyers agreed with this answer

2

Attorney answers:

  1. Ellen M. Paynter
  2. Michael H. Cutler

In Michigan, is there an age that a child can choose which parent they want to live with?

Asked by a user in Lansing, MI - 3 months ago.

In Michigan, there is no specific age where a minor child may have the ultimate choice as to whom they wish to live. If a party is able to prove a change in circumstances or proper cause for a change in custody, then the best interest factors are weighed by the Court. One of the best interest factors is the reasonable preference of the child. It is only one of the factors that is weighed by the Court and is not the single deciding factor. A child's preferences is not enough for the...

3 lawyers agreed with this answer

2

Attorney answers:

  1. Ezra N. Goldman
  2. Ellen M. Paynter

Re: unnesessary motion

Asked by a user in Detroit, MI - 4 months ago.

I am not sure by your post if payment was made directly to mom, or if it was made to MISDU. If it was made to MISDU, there is lag time from the posting to her receiving payment. So, if payment was made to MISDU, you may want to go online to check your account to make sure money has been posted to the account and remitted to her. If payment was made directly to mom, you better make sure she has provided documentation of receipt of the child support payment for you to provide to the Court....

3 lawyers agreed with this answer

1

Attorney answers:

  1. Ellen M. Paynter

I already have an avffidavit of parentage to establish parental rights for my daughter but i also want to get my name on the bir

Asked by a user in Wayne, MI - 4 months ago.

If your Affidavit of Parentage is on file with the Michigan Central Parentage Registry, you can find the form to add the father's name to the birth certificate at http://www.michigan.gov/documents/add_dad_6589_7.pdf Ellen Paynter elpaynter@aol.com www.YourMichiganLawyers.com Receipt or review of this message does not, under any circumstances result in the creation of any attorney-client relationship whatsoever.

2 lawyers agreed with this answer

4

Attorney answers:

  1. Henry S. Gornbein
  2. Ellen M. Paynter
  3. Peter L. Conway
  4. Ezra N. Goldman

Married for 4.5 years to a salaried GM employee who makes approx 150,000. Is there any entitlement to pension?

Asked by a user in Lansing, MI - 4 months ago.

Any asset accumulated during a marriage can be divided in a divorce, including retirement benefits. Generally a spouse is entitled to one-half of the other spouse's pension benefit in a divorce. If you wish to know the approximate dollar value of the benefit (1/2 of the portion accrued during the marriage), you would need to hire a financial expert to provide you with an evaluation of the pension benefit. Ellen Paynter (248) 851-7555 phone elpaynter@aol.com www....

2 lawyers agreed with this answer

3

Attorney answers:

  1. Ellen M. Paynter
  2. Edward Jacob Sternisha
  3. Daniel Nelson Deasy

My daughter dropped out of college and went back to high school part time

Asked by a user in Flint, MI - 4 months ago.

Attorney Sternisha is correct. Your Uniform Child Support Order should include the statement that: "The support obligation for a child continues through the end of the month of the later: 1) the child's 18th birthday, or 2) the last day of regularly attending high school full time with the reasonable expectation of graduating, as long as the child is residing full time with the recipient of support or at an institution, but under no circumstances shall the support obligation continue...

1 lawyer agreed with this answer

2

Attorney answers:

  1. Ezra N. Goldman
  2. Ellen M. Paynter

Is my husband reliable for back child support if

Asked by a user in Monroe, MI - 4 months ago.

If the mother and another man signed and filed an Affidavit of Parentage as the father of the child (and it has not been revoked), or if mother was married to someone else when the child was born (and there was no judgment/order determining he wasn't the father), then the child already has a legal father and your husband has no legal standing to file a court action to ask for a dna test. Ellen Paynter elpaynter@aol.com www.YourMichiganLawyers.com Receipt or review of this message does...

1 lawyer agreed with this answer

3

Attorney answers:

  1. Ralph John Stephan Jr.
  2. Jennifer Lambourne Lynn
  3. Ellen M. Paynter

Laws for terminating a fathers rights in the state of michigan

Asked by a user in Grand Rapids, MI - 4 months ago.

Ralph above is correct. There are only two ways to terminate a parent's parental rights in Michigan. 1. Through the criminal code when the parent is charged with some form of criminal abuse or neglect, or 2. Through the step parent adoption code, when one parent has remarried (for at least one year), and their new spouse wishes to step parent adopt. There is no other way to terminate parental rights in Michigan. There is no way in Michigan for a parent to "voluntarily"...

1 lawyer agreed with this answer

3

Attorney answers:

  1. Christine Marie Heckler
  2. Ezra N. Goldman
  3. Ellen M. Paynter

I live in MI and my fiance lives in KS. I have a 6 yr old son and 100 mile restriction. Can I move with my son to KS?

Asked by a user in Waterford, MI - 4 months ago.

Due to the economy today in Michigan, your question is not unique. However, if your spouse does not agree to the move, you would have to file a motion with the Court for a change of Domicile. Purusant to MCL 722.31, the court must consider the following factors, with the child as the primary focus in the court's deliberations: (a) Whether the legal residence change has the capacity to improve the quality of life for both the child and the relocating parent. (b) The degree to which...

1 lawyer agreed with this answer