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Peter Michael Kulas
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Peter Kulas’s Answers

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  • HOW CAN I FIGURE IF I AM GETTING THE CORRECT AMOUNT OF child support?

    HI I was wondering how to calculate child support. My ex has a business and claims he makes from his 30,000.00 40,000.00 a year also has a claims to subcontract work for another company that he does not wish to give information on. How ever I rece...

    Peter’s Answer

    I agree with my colleagues. You should contact the Friend of the Court and see what information they utilized when calculating the child support amount. If they did not include your ex's additional income, I suggest hiring an attorney to subpoena the appropriate information so a correct calculation can be made.

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  • My income is lower, will my child support payment go down

    My child support payments I make are based on $35,000 . For the last Three yrs I have made about $30,000 per yr. My review is up in Agust2014. Will My suport go down. I live in Traverse City Mi

    Peter’s Answer

    Once a child support order is in place, you can still ask a judge (by filing a motion to modify) to change it. If it has been less than 36 months since the current order was issued, a judge may modify it only upon finding a substantial change in a parent’s circumstances. Some examples of this are when a parent becomes sick or injured and can’t work, or if a parent is called to active military duty which impacts income. Also, a judge can change a current order to include health care coverage.

    Otherwise, the Friend of the Court will review your child support order every 36 months to ensure payments meet the child’s needs. Under some circumstances, like where custody has changed, the Friend could initiate a review sooner. Still, this state agency does not have the authority to modify a child support order. Only a court can do that. For this reason, the Friend of the Court must file a motion with the court, just as a parent would have to do, to modify the amount of child support.

    You can read more about the review process modifying child support orders here and within the Michigan Child Support Formula Manual Supplement, under section 3.01.

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  • I meet all requirements on the MI court rule 3.212 and want to transfer my domestic relations case. What forms do I need to file

    I need to know what forms for current county and future county. Also, do I have to pay the $150 fee to the future county before this is approved with current county in court?

    Peter’s Answer

    Michigan Court Rule, 3.212 sets forth the requirements that must be met for a post- judgment transfer of a domestic relations case to take place between counties within the State of Michigan. A motion must be filed in the court that currently has the case. A motion to transfer cannot be granted unless all of the following conditions are met:

    (1) the transfer is requested on the basis of residence and convenience of the parties, or other good cause consistent with the best interest of the child;
    (2) neither party has resided in the county of current jurisdiction for at least 6 months prior to filing the motion;
    (3) at least one party has resided in the county to which the transfer is requested for at least 6 months;
    (4) and the county to which the transfer is requested is not contiguous to the county of current jurisdiction.

    Filing fees include the $20 motion fee as well as the fee for filing the case in the transferee county – $150.00

    There is no such thing as “transferring” a case from one State to another. The term case “transfer” refers solely to intrastate (between counties); moving cases between States involves the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), the Uniform Interstate Family Support Act (UIFSA) or the process of domesticating a foreign order.

    Regardless of whether you are looking to transfer within Michigan or out of state, I suggest you consult with an attorney.

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  • Can a county employee disclose information from a police report to the public? I mean details of the arrest and such?

    I have a relative that works typing police reports and she shared information from that police report to another person, who in turn shared it with another person. it got back to me because it was about my husband. I need to know if this is lega...

    Peter’s Answer

    While what your relative may have done, if true, was not the best idea and she could probably face problems with her employer. Information in police reports are public record once the investigation is completed and closed. Anyone can file a FOIA request to the law enforcement agency requesting the information. There are certain limitations to the granting of a FOIA request and you should consult with an attorney.

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  • I have a ppo on my ex boyfriend. i recently have talked to him because he said hell hurt if i dont can i get into trouble

    he has broken into my house 4 times and the police have done nothing about it.

    Peter’s Answer

    If you have a PPO against your ex boyfriend you should not talk with him. If he insists on talking to you - you need to contact the police. If you continue to have conversations with him and allow him to speak with you and you have a PPO in place that is to prevent contact for your own safety a Judge will be less likely to renew it if and when that time comes.

    Regarding the break ins, my colleague is correct in his questions. Does he have a key? How do you know it was him? Did someone see him? Where you home? You need to file a police report for each time he has broken into your home so you have something documented if you have to go to court.

    Hope that helps.

    If you have further questions, do not hesitate to contact my office. Kulas Law Office, 616.610.0844

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  • (Michigan) Does collecting disability benefits relieve obligation to pay felony amount of past due child support?

    Child is now an adult, payer owes a felony amount of child support but recieves SSI.

    Peter’s Answer

    Collecting disability does not absolve you of an obligation to pay child support. If you are facing felony charges for failure to pay child support, I suggest you contact an attorney right away.

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  • I live in Grand Rapids Michigan, how much of notice to I have to give my roommate before I evict her?

    She is not on the lease

    Peter’s Answer

    The only legal eviction is a court ordered eviction. If a landlord forces a tenant out through any other means, the eviction is illegal and the tenant is entitled to damages and repossession of the property. Only someone from the county sheriff's department, or in rare cases a specially authorized police officer, may legally remove evicted tenants from their home. That person must have a court eviction order, called a writ of restitution.

    There are three legal bases on which landlords can evict tenants:

    1. non-payment of rent

    2. creating a health hazard

    3. termination of a tenancy (usually requires a 30-day notice)

    Good Luck.

    If you have further questions, feel free to contact my office.

    Peter M. Kulas
    Kulas Law Office
    www.kulaslawoffice.com
    616.610.0844

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  • Can My Ex just pop up at my house without consent through Friend Of the Court?

    He said FOC told him my address, but I informed them to keep my address confidential.

    Peter’s Answer

    I agree with my fellow colleagues that you should inform your ex that his presence is not wanted nor desired at your home. If he shows up again, contact the police so you have a record of his presence from a neutral third party. If you feel threatened or intimidated by him and/or there is a past history of domestic violence, you can request a personal protection order be issued by the court.

    Should you have further questions, feel free to contact me office.

    Peter M. Kulas
    Kulas Law Office
    www.kulaslawoffice.com
    616.610.0844

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  • Ok i'm 20 years old i am in a predicament. i got a girl pregnant she wants to give the baby up for adoption what are my rights.

    Ever since i turned 18 years of age i went from under the table jobs to on the books. I personally have brought in a net pay of over 100,000 in three years working long hours. If i get laid off due to lack of work weather or just season i have ano...

    Peter’s Answer

    When a parent wants to place their child up for adoption it is called voluntary termination of parental rights.

    In order to voluntarily terminate parental rights a release of parental rights must be executed. See MCL 710.22(u); MCL 710.28(1)(a).

    After ALL parental rights over a child are relinquished, the child is released to DHS or a child placement agency. See MCL 710.22(u); MCL 710.29(7). The release may ONLY be given to DHS or a child placement agency. A parent cannot release their rights to the court or a third party, but may consent to the adoption by a third party.

    Thus it is important that you establish yourself as the biological father of the child because she will not be allowed to give the child up for adoption without you also releasing your parental rights.

    You will want to file a verified notice of intent to claim paternity. This raises the presumption that you are the father unless the mother denies the claim. The notice is admissible in paternity proceedings and creates a rebuttable presumption of paternity.

    You should contact an attorney to assist you. If you have any further questions, feel free to contact my office.

    Peter M. Kulas
    Kulas Law Office
    www.kulaslawoffice.com
    616.610.0844

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  • My fiancee has a show cause hearing for being a little less than $1000 behind. What should we expect to happen?

    My fiancee is a little less than $1000 behind in child support. They right now take 50% of his paycheck. He has a show cause hearing coming up and his ex keeps telling him he's going to jail. What should we expect when we go in, will he be goin...

    Peter’s Answer

    An order to show cause hearing is a court proceeding to determine if your fiancee should be held in contempt of court for not paying the court ordered child support.

    They do this by one of two ways:

    1) Failure to pay out of available resources. This is basically for those who are making money and not paying anything or not paying enough and are behind with large arrearages.

    2) Failure to exercise due diligence to comply with the order. Due diligence basically means doing something about the situation. For example if the payer of support is unemployed, what steps is s/he taking to handle this court order? Is s/he looking for a job, part of a employment agency, in contact with the FOC and notifying them of what is going on, and making any type of payment - no matter how small. Basically the Court wants to see the payer of support doing something to show they are not trying to avoid paying child support.

    Your situation is interesting because he has 50% coming out of his check. It is a little late now, because the court will not back date motions to modify support, however, I would suggest you go to FOC and request a review of your fiancee's support obligation and perhaps, do to his loss in income they could modify it so the amount taken out of his pay check is lower.

    I would advise you have a lawyer present at the hearing, because the worse scenario is your fiancee could face jail time if he does not pay.

    If you have any further questions, please contact my office.

    Peter M. Kulas
    Kulas Law Office
    616.610.0844
    www.kulaslawoffice.com

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