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Timothy P. Smith's Answers
- 37 Legal Answers
- 5 Legal Guides
5
Attorney answers:
I was in a car accident, rear ended by a truck on the highway.
Raymond: I realized I didn't answer your final question, "do I really need to hire a lawyer if he's just going to take 33% of my recovery"? The answer is - it depends. If you were hit by a driver carrying PL/PD and a 20,000/40,000 policy and they were offering to pay you the full policy limits of $20,000 I would say you don't need a lawyer to handle that claim. I've had people come into my office with the same scenario and I, at no charge, agreed to simply review the paperwork [the...
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Attorney answers:
How much of my husband's 401k can i go after during the divorce?
Typically, since michigan is a No-Fault Divorce state, the spouse is entitled to 1/2 of the marital assets upon divorce. There are factors for the court to consider in shifting the asset division into bigger or smaller shares, but generally speaking, it's 50/50. In your case we have a short term marriage and we should only look at the value of the asset during that short marital period. Whether we are talking about the house, the 401K or any other major asset, we need to know a couple...
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Attorney answers:
My husband sometimes throws things at me, chairs, water bottles, etc., he then says its my fault.
1. This relationship is unhealthy. You need to get out. 2. Get a restraining order. If he has physically assaulted you by throwing things at you - even if he missed or it didn't hurt - you can get a restraining order from a local judge. 3. The restraining order should bar him from coming into the home and being within 500 feet of you. This will allow you to feel safe at home with the children. 4. File for divorce. In Michigan, everything that you and he accumulated during the course of the...
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Attorney answers:
What are the penalties for Contempt of Court in MI?
The court has wide discretion in imposing contempt charges. The punishment can range from a verbal warning to jail. You can only "plead the 5th" if answering the question might cause to admit guilt of a crime. You can't "plead the 5th" to avoid taking the stand in court in front of a defendant who terrifies you. If this is a criminal matter, I'd call the prosector that issued the subpoena and go in and talk to him/her about your concerns. Also, check in with the victims rights co-ordinator at...
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Attorney answers:
MI divorce law
Any assets that you and your wife own now are part of your marital estate. If you were to leave, and your wife files for divorce, you still have a marital interest in those properties. If, once you leave to pursue your graduate degree, your wife begins accumulating new assets and segregating them from the existing marital assets, then she may be able to make a claim that those new assets are separate property and not subject to division like the house/cars/401K etc. This works for you too....
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Attorney answers:
What is the best way to handle changing parenting time when both parents have joint physical and legal custody?
If you file a motion to change custody, the court will look at the statutory Best Interest Factors to determine what chance if any, needs to occur. The best interest factors are as follows: MCL 722.23 "Best interests of child" defined. Sec. 3. As used in this act, "best interests of the child" means the sum total of the following factors to be considered, evaluated, and determined by the court: (a) The love, affection, and other emotional ties existing between the parties involved...
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Attorney answers:
Can we be taken to small claims court?
Can your friend sue you in small claims? Yes. Will he win? It doesn't sound like it from your facts. Once he has served you with a small claims complaint, you have to file an answer that can be as simple as, "We deny everything and did no damage to the truck". But make sure you file something. It will be his burden of proof. He will have to prove to the district court judge that you damaged his vehicle. Make sure you bring with you to court on the day of your hearing any witnesses/folks that...
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Attorney answers:
Can I get a copy of my noncompete and/or my employee file when I resigned in Michigan?
The short answer is yes. The Bullard-Plawecki Employee Right To Know Act guarantees you access to your file. Failure of the employer to provide the requested information subjects them to the civil penalties and fines provided for under the above cited act.
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Attorney answers:
Contract validity? Countersuit validity?
From the facts you've presented, it looks to be enforceable. Since $2000 is the amount at issue, small claims would be the cheapest and most effective way to go. The bigger issue will be collecting on the judgment once the court orders the band member to pay. His claim against you for monies arising out of CD sales may have merit depending on how the music and lyric was copyrighted. Further, he may have a simple claim in equity if he can show that he was something more than simply a hired...
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Attorney answers:
I am supposed to be a witness in a divorce case, but there is a conflict of interest for me
If you've been subpoena'd, you're going to have to show. There are some technicalities on the form and service of the subpoena that might get you out of appearing [like they forgot to include the statutory witness fee with the subpoena] but all you're likely to do is irritate the judge if you fail to show. My suggestion would be to appear. Listen to the question. Answer only the question. If a yes or no will suffice, just leave it at that. The more you say, the more questions that might pop...
1 person marked this answer as helpful