On the day my paycheck is deposited, he is transferring all funds to his personal account, leaving without any money for gas, etc. We have a status quo? I can't afford to petition that he is violating the order. How is what he is doing legal?
Agree with Ms. Garris. In addition, as to other comments, if you do indeed have a status quo order, and you do transfer your paycheck into another account, and it is contrary to the order, then you could possibly be held in contempt, as well, although you may have a very good defense to do so. Double check the language in your court orders and file a motion to enforce. If there is no such order, than redirect where your income is being deposited to a separate account. If you are having trouble with any of this or interpreting your order, please contact legal counsel.See question
I have been working with a legal coach and filed a motion to change venue on a child custody case in Michigan. The county of jurisdiction is a county in which my ex still resides. The minor child (primarily) and I reside in a different county in M...
I agree with the other attorneys, but will add that you don't have to get an attorney in the same County that the case is filed in, either to hear it there, or to attempt to remove it. Much of the work may not even occur in that County, perhaps they can appear by phone, I am not sure what the options are, but they should be explored.See question
I've been trying to get unsupervised visits with my children for years. I have a misdemeanor sex offense, but cps is against me having unsupervised visits
I agree with the aforementioned responses, but would also add, that if CPS has not opened a case against you for abuse and neglect, then you may file an action within your normal family law case, assuming you have one, asking for specific and unsupervised parenting time. It is not clear in what context CPS is claiming that they have the power to deny you unsupervised time. The court would make those orders. You should hire an attorney to review your situation and advise accordingly.See question
I have been told that I should no longer be paying alimony. Is this true?
Does your Judgment terminate spousal support upon your wife's remarriage? If so, you will need to file a motion with the court asking that the spousal support be terminated due to your wife's remarriage.See question
I wondered if adultery. Matters in Michigan during the judges division of property, Alimony, etc.which state is an adulterer going to definitely "pay the "piper " in a final divorce hearing?
Adultery is a factor to be considered in the division of assets and in spousal support if it is found to be the reason for the breakdown of the marriage (or fault). However, the weight that it is given varies from judge to judge and of course, whether or not you are willing to take it all the way to trial to have the judge weigh in on it to let the judge weigh in. Judges have the discretion to determine that adultery is not the breakdown of the marriage and that it has little effect on how the assets will be divided. Every case needs to be evaluated fact specifically considering all other factors, who the Judge is, and what the assets, income are that may be affected. Reviewing Court of Appeals and Supreme Court cases where fault is found, the typical deviation from an equal division is 55/45 or 60/40 in what is found to be a very egregious case. Very few cases swing further from an equal division when fault is found.See question
The mother of my child has manic depressive disorder and called me at 5am last week planning her death. I'm starting to fear for my sons safety. I'm pretty sure she hasn't taken her medication. I've asked her not to contact me after 9pm unless its...
If by planning her death, you mean that she is threatening to commit suicide while the children are in her care, you should be contacting Child Protective Services in your County. You do not say the ages of the children involved or if they are in her care when she is making these threats, but it sounds to me that these are issues of safety that need to be investigated. You should definitely contact a family law attorney in your area to also seek a change of custody and perhaps obtain a psychological evaluation.See question
My sons mother and I were never married, but we were together until 6 months ago....when we split up I moved out and my son is living with me. He only sees his mother on the weekends. I have no custody over him and have been paying child support. ...
If she does not show up, she will technically be in default. It depends on what type of hearing date you are scheduled for, but if it is for an evidentiary hearing, the judge will allow you to put on your proofs and present your case as to why you think it would be in the best interests of your child for you to have sole legal and physical custody and what parenting time is appropriate and in your son's best interests. If you are before a referee on this matter, the referee will issue a recommendation and she will have time to object if she desires and if she fails to object, it will become a court order. child support will also likely be ordered in this matter depending on if you requested it in your motion.See question
You can use one lawyer in the sense that the lawyer is only representing one of you. In Michigan, one of you will be the Plaintiff and the other one will be the Defendant. The two of you should decide who should retain the lawyer, and although the attorney fees may come out of joint funds, that lawyer will only be giving one of you any legal advice, etc. If everything is agreed to, this should not cause too much of a problem as the lawyer can act primarily as a scrivener to draft your agreement in proper form and then as a counselor to guide you through the legal system to file the papers and get the final hearing date. However, if disputes arise, then that lawyer will only be advising and advocating for the represented party.See question
i am trying to obtain over nite visitation w/ my sone and have completed my probation w/ random urine tests and mouth swabs..... now my sons mothers lawyer is asking for hair test? is this against my rights and if i refuse can the judge pass judge...
A judge can order you to submit to the hair follicle test. You can refuse. The judge will likely make your parenting time contigent on your submission to the test and negative results. A hair follicle test generally goes back 90 days and tests for various substances. If you will pass the test, then you have nothing to lose and will be able to exonerate yourself and hopefully obtain visitation with your son.See question
My ex, with whom I have 2 children, has another child that is not mine. I was listed as the father. I never signed the birth certificate, was never married to the woman, didn't live with the woman, and never established a relationship with the c...
No, if he attempted to "sign away his rights" before birth, it would not be legally enforceable because technically, there is no child until there is a live birth. Also, he would still be obligated to support the child unless his parental rights were terminated involuntarily or the child was adopted by a third party. Based on what you have divulged so far, your case sounds typical of an impending paternity action being filed after birth so that paternity of the father can be established, custody can be determined, and support set and collected. The order that results, referred to as an Order of Filiation, can name you as the sole legal and physical custodian, thus stripping him of custodial rights. However, custody is always modifiable, so he can always come back in later to seek modification, seek parenting time or otherwise exercise his "parental rights", unless they are terminated as set forth above.See question