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State: Michigan

Larissa Zubac

Written by Abby Johns on .

Having practiced law for over 18 years across different practice areas, Ms. Zubac is well-versed in handling legal matters. She has practiced family law, commercial real estate law, and higher education compliance. Ms. Zubac pursued family law because it touches every area of a person’s life, as well as the things that matter to them the most – their families.

“The legal system is complex enough as it is, let alone when you are trying to navigate it during stressful times. My goal is to make my clients feel as comfortable as possible, while moving through the process with them,” Ms. Zubac says.

She’s heard feedback from clients, saying that she has a very comforting demeanor and that she’s good at explaining things in plain English. This helps them feel as though they’re walking into a complex situation prepared and aware.

Certified Mediator

Troy Fathers’ Rights

Written by Joseph E. Cordell on .

If you are a Troy dad who is going through a divorce, you are rightfully concerned about preserving your dads rights in Michigan. You are also probably worried about how much child support you are going to be ordered to pay since many dads have heard horror stories about fathers rights in Troy being ignored when it comes to child support.

Child support in Michigan is determined by several factors:

  • Parenting time
  • The incomes of you and your ex-wife
  • Tax figures
  • Special needs of your child
  • The costs of childcare while you and your ex-wife are at work

Many divorces are contentious. If this is the case with yours, you are going to need the judge to spell out the conditions of joint custody, child support, and other important post-divorce parenting concerns. Ensure you know exactly what Michigan fathers’ rights are protected in your case.

During divorce, a man needs a Troy fathers rights attorney to aggressively fight against an excessive child support award. Call the Troy, Michigan dads’ rights attorneys of Cordell & Cordell at 1-866-DADS-LAW.

Troy Dads’ Rights Resources | Fathers’ Rights in Michigan Resources

Dads’ Rights

Michigan Fathers’ Rights In Divorce

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Michigan Child Support Laws – FAQs

Written by Joseph E. Cordell on .

In this article, a Michigan divorce attorney breaks down Michigan child support laws. If you are a parent going through divorce in Michigan, you will most likely be required to pay child support.

This article explains how the system works including the factors that go into the Michigan child support calculator.

Michigan Child Support

In Michigan both parents are obligated to support a minor child unless a court modifies or terminates the obligation or the child is emancipated. However, if the emancipation is court ordered, as opposed to emancipation by law, the obligation could continue past emancipation. Emancipation by law occurs with marriage, military service or age.

Even if a parent doesn’t have primary physical custody of a child, they are still required to contribute to the support of that child even if the custodial parent has sufficient income to meet the needs of the child without financial assistance.

Child support obligations continue until the last day of the month the child turns 18 unless the child is attending high school on a full-time basis after turning 18 with a reasonable expectation of graduating. However, in that case, the support will not extent beyond the child reaching the age of 19 years and six months.

Michigan Child Support Calculator

The court must apply the child Michigan Child Support Formula (“MCSF”) when calculating child support. The support obligation under the MCSF consists of: (1) a base support amount adjusted for parenting time; (2) medical support obligations which include ordinary and extraordinary medical expenses, health care coverage and division of premiums; and, (3) child care expense obligations.

The number of children covered, the overnights each parent has with the children, and the income of the parties, are used in calculating the base support pursuant to the MCSF. The base support number is then adjusted depending on the amount of health insurance premiums paid for the benefit of the child and any child care expenses either party pays. The base support, adjusted for health care costs and child care expenses, will provide the total child support obligation a parent has to pay.

Determining Income

A big question mark in child support cases is the parties’ incomes. The formula uses a parent’s net income, which is defined as all income minus deductions and adjustments permitted by the child support manual.

By using net income, the goal is to determine how much money is available for support of the child. Income is not limited strictly to wages, but can also include earnings generated from a business, partnership, rentals, distributed profits from retirement accounts, and any money or income due or owed by another individual. Income can also include market value of any perquisites received if they reduce personal expenses, have significant value or are received regularly. Certain expenses can also be deducted from income as well.

When determining income, a commonly contested issue is potential income when a party is unemployed, underemployed, or has an unexercised ability to earn income. In those instances, the court could impute or attribute income to a party based on their prior work history, education level, ability to work, availability of work opportunities, diligence in seeking employment, evidence that the party can earn the imputed income, personal history, presence of the children in the party’s home, and other factors.

Therefore, trying to minimize your income to lower your obligation is a losing strategy and courts can and will look beyond just what your income is to determine what you are realistically capable of earning when determining each party’s income for purposes of calculating support.

Deviation

Under the Michigan Child Support Formula, when applying the formula would lead to an unjust or inappropriate result, the court could deviate from the formula and determine a more appropriate amount.

To deviate, the court must state its reasons that the formula produces an unjust or inappropriate amount and is guided by specific deviation factors listed in the child support manual which includes any other factor deemed relevant to the best interests of the child.

This gives a court the ability to deviate where necessary, however simply trying to deviate because you disagree with the policies embodied in the formula is not allowed.

Medical Child Support in Michigan

The court also can order either of the parties to provide health insurance for a minor child which includes payment for hospital, dental, optical and other health-care expenses when the coverage is available at a reasonable cost. Reasonable is defined as not to exceed six percent of the parent’s gross monthly income.

Regarding uninsured health-care expenses, the formula presumes that a person will spend a certain amount per child per year on ordinary medical expenses. The number is currently $403 for one child, but this amount is periodically updated in accordance with fluctuating economic factors. This number is factored into the support formula and the payer’s share is part of the support payment.  When uninsured health-care expenses exceed that annual ordinary medical amount, those extraordinary expenses are apportioned between the parties based on their incomes.

Child Care Expenses

Child care expenses can be included in the formula so that a parent can maintain employment, look for employment, or attend educational programs to improve employment opportunities.

When there is an established child care pattern, the parties can use actual costs. When there is no established pattern, the expenses should be based on the community’s average child care costs or written quotations from local child care providers.

It is presumed that he need for child care continues until August 31 following the child’s twelfth birthday, however it can continue beyond that if the child’s health and safety require continuing child care. The expenses of child care are allocated in the formula based on each parent’s percentage share of the family income.

Child Support Modifications in Michigan

After child support is established, it can still be modified under certain circumstances. The law allows for modifications as the circumstances of the parents and the benefit of the children require, upon proper application to the court and due notice to the opposite party, and or proper cause or a change in circumstances.

However, it is important to know that support is only modifiable from the date notice of a petition for modification is given to the other party. In other words, if circumstances change that would warrant a modification, if you wait several months to petition the court to modify, the court will not go back to the date of the change in circumstances and can only modify support based on the date the petition was filed. There is also a minimum threshold for modification.

The Michigan Child Support Formula defines that minimum threshold as ten (10%) percent of the current support amount or $50 per month, whichever is greater. Based on that, even if your change in income would change the amount owed under the formula, if you don’t meet that threshold, the court will not modify the support amount.

This is just a brief overview of the child support laws in Michigan and is not meant to be a substitute for the advice of counsel. There are many complexities involved in calculating child support and the family court system can be difficult to navigate, so it is best to consult with an attorney to determine your obligations and rights regarding child support.

Michigan Child Custody Questions

Written by Joseph E. Cordell on .

Michigan child custody attorneys provide answers to frequently asked questions with regards to Michigan child custody laws.

Who will get custody of our child?

The Michigan Child Custody Act presumes it is in the best interests of a child to have a strong relationship with both parents. Courts in Michigan use 12 factors called the best interest factors to determine what custody arrangement is in the best interests of the child/children involved.

The court must look at the parenting situation before the divorce or custody case was filed. The court has to make a determination if there is an established custodial environment with either parent or both parents. An established custodial environment is a physical and a psychological environment that develops over an appreciable time and significant duration.

If there is an established custodial environment, the party petitioning the court to change it has to prove that the change is in the child’s best interests by clear and convincing evidence.

What is joint custody? What is sole custody?

In Michigan, there are two types of custody: legal and physical.

Legal custody is the ability to make important life decisions for your child, such as health care, education, child care and general welfare. Joint legal custody gives both parents the right to make these decisions and they should consult with one another before making non-routine decisions. Sole legal custody gives one parent all decision-making responsibilities.

Physical custody refers to the actual physical residence of the child. Joint physical custody allows the child to retain a residence with both parents, usually with one parent being the primary custodian and the other parent having parenting time on a set schedule. Sole physical custody means that the child resides with only one parent. The other parent may or may not have parenting time or visitation rights.

If both parents share custody does anyone pay child support?

Child support in Michigan is calculated using the Michigan Child Support Formula. This formula uses both parents’ incomes, the number of overnight visits each parent has with the child per year, and the child care and health care expenses each party pays to determine how much child support is needed.

Child support is almost always awarded to the parent who has the most overnight visits. The amount of child support will depend on the numbers input into the formula.

Can a parent refuse to allow visitation if child support is not paid?

No. Visitation and child support are separate entities. If you have not received a child support payment you should contact the Michigan Friend of the Court for the county where your child support order was entered. The Friend of the Court has the ability to garnish wages to help collect child support.

If visitation or parenting time was established under a court order, you could be held in contempt for not allowing the visitation.

When can my child decide which parent to live with?

A child’s preference can be considered when they are of the age and maturity the court finds sufficient to express a reasonable preference. Each judge has discretion whether to consider the child’s opinion in a custody dispute.

In Michigan, a child’s preference is just one of twelve factors the judge will consider; a child cannot just decide to live with one parent.

Do grandparents have custody and visitation rights?

Grandparents do not, by default, have custody and visitation rights. However, grandparents can petition the court for these rights in very limited circumstances: with the consent of the parents during or after a divorce; if the child was born of wedlock, paternity has been established, and the father is paying child support; if legal custody of the child has been given to someone other than a parent; if the grandparent had custody of the child within the last year; or if the grandparent’s child (the parent of the grandchild) is deceased.

What is a parenting plan, and do I need one?

A parenting plan, usually called a parenting time agreement, is an agreement between parents and signed by the judge that dictates when each parent will get time with the child. It is important to have a default parenting plan to fall back on if disagreements occur.

If my separation agreement includes custody/support can it be included in the divorce decree?

In Michigan a separation agreement is called a Judgment of Separate Maintenance (JSM). A JSM allows the parties to resolve the property, custody and support issues, but does not provide for them to be divorced. At any time, either party can petition the court to turn the JSM into a Judgment of Divorce, ending the marriage between the parties. The terms of the JSM can be rolled into the Judgment of Divorce.

What can I expect from temporary orders?

The most common temporary orders are for support (child or spousal) and for child custody. These orders are meant to give the parties and their children structure and financial support during the pendency of a divorce. A court can enter a temporary order when either party petitions for its entry.

Temporary orders are extinguished when a new order or a final order is entered. The content of a temporary order will vary depending upon the information the judge has at a hearing for entry.

When will child custody be decided?

An initial custody determination will be made by the Friend of the Court early in the case. The Friend of the Court will issue a recommendation based on information gathered from each parent. Each party then has the right to object to this recommendation and present evidence to the judge as to why a different order or recommendation should be made.

The parties can also negotiate a child custody agreement, and the judge will adopt it if he/she finds it is in the best interests of the children.

When can I modify custody?

Child custody can be modified if there is proper cause or a change in circumstances. The modification must be in the best interests of the children. It is up to the party asking for the modification to present evidence that a change has occurred or that there is proper cause, and that their proposed change is in the best interests of the children.

What if we cannot agree on a custody arrangement?

If the parents cannot agree on a custody arrangement the court will hold a trial. At the trial, each party can present evidence regarding why their proposed custody arrangement is in the best interests of the child. The court can adopt one party’s proposed custody arrangement or order any custody arrangement it feels is in the child’s best interests.

What is an ex parte order?

An ex parte order is an order that is entered without a hearing. The party seeking to get the order entered must allege sufficient facts for the judge to find that imminent danger or harm could occur in the time it would take to give notice to the other party.

Ex parte orders are usually entered when the divorce case is filed or in emergency circumstances. If the other party does not believe the ex parte order is necessary, an objection should be filed within fourteen days of receiving notice of the order.

How is custody decided?

In Michigan, all child custody decisions must be in the best interests of the children. The factors a judge considers are:

  • The love, affection and other emotional ties between the parents and the child;
  • The capacity and disposition of the parties involved to give the child love, affection and guidance, and to continue the education and raising the child in its religion;
  • The capacity and disposition of the parties involved to provide the child with food, clothing and care;
  • The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
  • The permanence of the existing or proposed home;
  • The moral fitness of the parties involved;
  • The mental and physical health of the parties involved;
  • The home, school and community record of the child;
  • The reasonable preference of the child, if the court considers the child to be of sufficient age to express it;
  • The willingness of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent;
  • Domestic violence; and
  • Any other factor the court considers to be relevant.

How can I increase my chances at getting a larger custody agreement?

In order to get more parenting time with your children you have to show the court that you can handle the time and that you are genuinely interested in raising your children. Before your custody trial, get as involved with your kids as you can, and document everything you do. Find a routine that works for you and your kids and stick to it.

Obey every court order, even if you do not agree with it. Gather your evidence and witnesses. You have to bring information to court that will show the judge it is in the children’s best interests to spend as much time as possible with you.

What is visitation?

Visitation, called parenting time in Michigan, is court-ordered time for each parent to enjoy with their children.

Can a judge order supervised visitation or no visitation?

Yes, but there has to be a reason to do so. The courts can only order supervised or no parenting time if there is a concern over the safety and well being of the child during the parenting time. Supervised parenting time should only be used when other, less restrictive methods of ensuring the child’s well-being cannot be used.

What should I know before a custody trial?

The most important thing to know is the law. You should carefully review the best interest factors and be able to present evidence that supports you having custody for each factor.

Can I collect my own evidence to use if my custody case goes to court?

You must collect your own evidence. The judge is a fact finder and can only determine what facts exist based on the evidence put in front of him or her. If you don’t show something to the judge, he or she will not know it. You should use care when collecting evidence to ensure that you are not violating any laws.

Keeping a journal and having witnesses that can testify about your time with your child are two strong sources of evidence. You should consult with your attorney to determine what type of evidence will be necessary for your specific case.

Do I need to use a Guardian ad Litem/Custody Evaluator?

In Michigan, it is the job of the Friend of the Court to investigate and make recommendations on child custody, parenting time and support. Guardian ad Litems are rarely used in custody cases; they are usually sought to represent children who have been victims of abuse or neglect.

A Guardian ad Litem can be used in a child custody case if there is a question about the parent’s ability to make decisions that are in the best interests of the child.

Will my child need to appear in court?

Not usually. A child custody case can usually be decided without subjecting the child to the court process. However, if the child would like to voice his or her opinion or is needed to testify about a specific occurrence, the child can be required to attend a court hearing.

Judges usually interview children in their chambers, away from both parents. Some judges do not even allow attorneys to be present. When a child testifies, the goal is to minimize any harm that can be done to them.

What is the Parental Kidnapping Prevention Act?

In Michigan, it is a crime for an adoptive or natural parent of a child to take the child, or retain the child for more than 24 hours, with the intent to detain or conceal the child from the other parent who has parenting time rights, the adoptive parents, or any other person in charge of the child at the time of the taking.

Parental kidnapping is a felony punishable by up to 1 year in jail and/or a fine of up to $2,000. The Parental Kidnapping Prevention Act is a federal statute that gives Michigan the ability to enforce custody orders from other states to prevent parental kidnapping.

What if my wife tries to move the kids out state?

After a custody order is entered, a parent must seek the court’s permission to make a residential change of over 100 miles or outside of the state of Michigan. If the parent seeks to move out of state, the relocating parent must get permission from the other parent or the court.

If both parents do not agree, the relocating parent must show the change of domicile is warranted. The court must be satisfied that the move will improve the quality of life for the child and the relocating parent. The court must determine the degree to which each parent has complied with court orders and utilized their parenting time. This way the court must ensure that the relocating parent is not moving just to defeat the parenting time schedule.

The court must be satisfied that the change will allow a modification of parenting time that will preserve and foster a relationship with each parent. The court must consider whether opposition to the move is based on a desire to secure financial advantage. The court must also consider any domestic violence.

Can a parent change the child’s last name without the other parent’s permission?

No. In order to change a child’s last name a court must enter an order allowing the change to occur. A parent petitioning for a child’s name change must notify the other parent and any interested parties and allow them an opportunity to object to the name change at a hearing.

If I have custody, will I receive child support?

The Michigan Child Support Formula usually awards child support to the parent who has the most parenting time. The amount of support will depend on income, overnight visits and other costs. In some cases, the support amount can vary from the support guidelines if both parties agree.

Is Michigan a community property state?

Written by Joseph E. Cordell on .

In Michigan divorce law there are two kinds of property: separate property and marital property.

Separate property is any property owned by either party prior to the marriage, and some property acquired during the marriage by gift or inheritance. Separate property is normally awarded to the party it originally belonged to. Separate property can become marital property. If separate property is commingled, or mixed, with marital property it may be considered marital property at the time of division.

Marital property is any property, or debt, acquired during the marriage (from the date of the wedding until the judgment of divorce is entered). Marital property is subject to division between the parties.

Property division in Michigan follows the rule of equitable distribution. This means that rather than dividing the property equally, property will be divided “equitably” or fairly. There is a presumption that the division will be roughly equal, and a court must clearly explain its reasons if it decides to deviate from the “roughly equal” guideline.

There are numerous factors that courts consider when dividing property. The most common factors considered are:

• the source of the property;

• contribution toward its acquisition;

• the number of years of married life;

• the needs of the parties and the children;

• the earning power of the parties;

• the cause of the divorce;

• general principles of equity; and

• any other factor the court deems relevant.

Courts most frequently depart from the “roughly equal” model of property division in short-term childless marriages; in cases in which there is significant separate property; or in cases in which one party has greater need.

In short-term marriages, courts often return the parties’ premarital property to them and equitably divide between the parties’ assets that were accumulated during the marriage.

In longer-term marriages, or those in which the parties have changed their positions in reliance on the marriage, such as by having children or sacrificing career or educational progress, courts are less likely to try to return the parties to their premarital status and more likely to compensate one party for their sacrifice for the family.

Property division and support issues are closely related. If a party needs support, a property settlement can award that party more than half of the assets, in lieu of, or in addition to, support payments.

The reasoning for this is to ensure that the parties can have similar standards of living without forcing one party to have to dip into their property award to survive, while the other can live on their income and enjoy the benefits of their property award.

Most property is divided by the parties working with their family law attorneys and made part of a settlement agreement. Property division is one of the areas in a divorce with the most room for negotiation.

A final property division can usually be worked out with the help of a domestic relations mediator, who facilitates discussion and negotiations between the parties.

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Michigan Spousal Support

Written by Joseph E. Cordell on .

During the divorce process, one or both parties can ask for spousal support. It is at the discretion of the court as to how much support it orders, as there is no formula to determine support. The court reviews several factors to determine whether support is warranted, including: 

  • The conduct of the parties, including past relations
  • The length of the marriage
  • The ability of the parties to work
  • The source and amount of property awarded to the parties
  • The age of the parties
  • The ability of the parties to pay alimony
  • The present situation of the parties
  • The needs of the parties
  • The health of the parties
  • The prior standard of living of the parties and whether either is responsible for the support of others
  • General principles of equity

Michigan does not have a formula to determine spousal support; however, in addition to the above factors, attorneys use calculators as guidelines. The court can consider these calculations, but it cannot base spousal support entirely on the amount generated by the calculators, as the court must weigh and address all of the above factors in its decision.

What is Spousal Support?

In Michigan, spousal support is completely discretionary, and there are no bright-line rules, formulas, mandatory marriage lengths, minimum payment years, prior standard of living, and other requirements to guide the judge.

Each case is different, and the court determines a spousal support order based on multiple factors. Types of spousal support can include:

  • Lump-sum payment / Lump-sum support (alimony in gross)
  • Periodic spousal support (alimony payments paid monthly)
  • Temporary support or short-term alimony (rehabilitative alimony)
  • Permanent

What Qualifies You for Spousal Support in Michigan?

Spousal support in Michigan is determined by a judge on a case-by-case basis. Each case is different and is based on the factors listed above. Attorneys may use spousal support calculators, but the court cannot solely rely on those figures.

How is Alimony Calculated in a Michigan Divorce?

The law requires the court to engage in a lengthy fact-finding analysis when determining a spouse’s ability to pay and the receiving spouse’s needs. While the court has discretion as to whether to order support and the amount ordered, it must be based on the factors above, including general principles of equity (Sparks vs. Sparks, 440 Mich. 141; 485 NW2d 893 (1992) and MCL 552.13. It must balance the needs and income of the parties without causing impoverishment to either.

After considering income, ability to work, job skills, the health of each party, fault, need, the duration of the marriage, age, financial needs, and other relevant factors, and if neither can afford spousal support or the circumstances do not justify spousal support; the court should not award it.

How Long Are Spousal Support Payments Paid in Michigan?

The length of Michigan alimony will depend on the amount awarded and the financial situation of the party paying the spousal support to make payments. The court will determine these factors during the divorce.

The length of spousal support depends on the circumstances of each case. The court could order lump-sum spousal support or periodic support. If the court believes that the receiving spouse needs financial support long enough to finish his or her education or to work himself up in the workforce, the support may be temporary.

If the court orders permanent spousal support, it can end when the non-paying spouse remarries if the parties negotiate this term. While it will be enforced, the statute currently does not require it. It always ends when one of the parties dies.

How Long Do You Have to Be Married to Get Alimony in Michigan?

Alimony law in the Michigan statutes does not give an amount of time in Michigan to be married to get alimony. The court does take the length of the marriage, along with other factors, when determining spousal support. A party is more likely to be awarded permanent support for long-term marriages. The longer the marriage, the more likely it is the Court will award spousal support, as long as the other factors are also weighed.

For example, a long-term marriage where both spouses earn similar incomes or are capable of earning similar incomes will likely not support a spousal support award. In contrast, a long-term marriage, where there is a significant discrepancy in incomes, would be a fairly strong case for an award of spousal support.

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The Challenges With Spousal Support in Michigan

Michigan is a no-fault state, which means you don’t have to prove fault in a divorce. However, the court can consider fault, such as adultery, when making an award for alimony. As long as the court rationalizes its decision with the factors listed above, such as age, health, employability, duration of marriage, etc., the award is generally not set aside on appeal.

A Michigan family lawyer can help secure a fair and reasonable award for alimony, including determining the duration of spousal support. If required, a lawyer can help you appeal an unfair spousal support award.

Can Spousal Support Be Modified After the Divorce is Final?

Yes. You can modify a spousal support order after the divorce is final. However, you will have to show that you experienced a significant change in circumstances, such as a health issue that prevents you from working or a reduction in your salary that is through no fault of your own. Reaching regular retirement can also support a claim to modify support. Additionally, if the recipient of spousal support starts earning more money, the payor can request a downward modification of support.

Michigan also allows for non-modifiable spousal support. However, this can only be accomplished by the agreement of both parties, as they are waiving their statutory rights to modify support in the future. A judge can only grant non-modifiable support with the parties’ express agreement. (Therefore, non-modifiable support cannot be awarded by a court in a trial decision.) Non-modifiable support means that neither party can change the terms of the award in the future for any reason. The benefit of non-modifiable support is that it provides a specific end date as well as a specific amount. If you earn more money, support cannot be increased due to your increase in income. However, if you lose your job and/or are unable to work, you cannot have support decreased either.

Why Work With Cordell & Cordell

A family law attorney can help protect your rights and work for a fair and reasonable outcome. A family law attorney at Cordell & Cordell can also help you meet deadlines and may be able to help you settle out of court. Get in touch with our team today (1-866-323-7529) to if you are facing a spousal support case or have questions.

Fight For Your Financial Freedom

Spousal support can hinder your financial freedom, depending on the amount the court deems appropriate. Contact a Michigan family law attorney if you were served with divorce papers or you are considering filing for divorce.

Detroit Fathers’ Rights

Written by Joseph E. Cordell on .

To understand fathers’ rights in Detroit, Michigan, look at the example of child custody determinations.

Nearly every year in Michigan, some legislator has introduced a bill that would grant more dads rights in Michigan by requiring judges to begin with the presumption that a child should spend an equal amount of time with both mom and dad.

Michigan Fathers’ Rights Laws | Detroit Dads’ Rights Bills

Current Michigan law shows the problem with dads’ rights in Detroit. The state child custody law says a child is entitled to a relationship with each parent, but the law does not fix the quantity of time each parent has to establish and foster that relationship.

At odds with the law is the required presumption that a child should spend a majority of his or her time in “the established custodial environment.” This usually goes against Michigan fathers’ rights because the primary caregiver – either in reality or as perceived by an older, traditional judge – is often Mom.

With the growing number of stay-at-home dads and two-working-parent households, one would think that the presumption that a child should spend equal time with each parent is a given – but not so, as Michigan dads’ rights advocates can attest to.

Each year the Michigan fathers’ rights bill is invariably met with hostility from the public, attorneys and advocates as a perceived attack on women.

So Detroit dads’ rights attorneys must continue to fight a lopsided battle in order to ensure your rights are protected. Cordell & Cordell’s divorce attorneys for men are committed to that battle and to advocating Michigan fathers’ rights to play a vital role in their children’s lives.

Get help with dads rights in Detroit by arranging a meeting with a Cordell and Cordell men’s divorce attorney, please call 1-866-DADS-LAW.

Dads’ Rights in Detroit Resources | Michigan Fathers’ Rights Resources

Dads’ Rights

Michigan Fathers’ Rights In Divorce

Information on Fathers’ Rights

Ann Arbor Fathers’ Rights

Written by Joseph E. Cordell on .

After divorce, both parents end up re-establishing themselves. But, any changes in a child’s living arrangement can significantly impact a child’s life. Ann Arbor dads’ rights can be impacted, also.

Currently, Michigan law states that parents with joint custody cannot move more than 100 miles away without order of the court. Some custody orders have a provision on how a move is to be handled. In this case, an Ann Arbor fathers’ rights have been preserved ahead of time.

When there is no provision, however, parents are obligated to adhere to the 100-mile rule or return to court.

If a custodial mother returns to court for permission to move farther than 100 miles away, a fathers’ rights regarding visitation are challenged. The court will consider the effect that this will have in the life of the child and issue an order in the child’s best interests.

This is when it’s necessary to protect those Michigan dads’ rights in order to ensure fathers are not shut out of their children’s lives by the court allowing such a substantial move.

Even after a divorce, a man needs an Ann Arbor fathers’ rights attorney to aggressively champion his interests. Call the Ann Arbor dads’ rights attorneys of Cordell & Cordell at 1-866-DADS-LAW.

Ann Arbor Dads’ Rights Resources | Fathers’ Rights in Michigan Resources

Dads’ Rights

Michigan Fathers’ Rights In Divorce

Information on Fathers’ Rights

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Michigan Resources

Written by Joseph E. Cordell on .

Family law issues can be emotionally taxing, especially for clients in family court. Whether you are dealing with divorce, custody, alimony, or any other family law issue, having an experienced Michigan family law attorney is vital.

Read through our Michigan divorce and child custody articles to gain a better understanding of the road ahead. Knowing what to expect offers an advantage when it comes to planning for the process and communicating with your lawyer.

Michigan Divorce Process

Divorces in Michigan fall into two categories: those involving the Friend of the Court and those that do not. The Friend of the Court is an agency-like body that assists the Family Division of the Circuit Court with child custody and parenting time, child support, and (depending on the county) spousal support.

Each county has the authority to establish how its Friend of the Court operates, but in general, the Friend of the Court makes recommendations regarding custody, parenting time, spousal support, and child support for the Court’s review and consideration. The FOC also assists the Court in enforcement and offers mediation services.

A divorce without children requires a 60-day waiting period, and a divorce with children requires six months. Any divorce in Michigan cannot be entered until sixty days after the filing of the Complaint for Divorce.

Related Article: How To Respond To Being Served Divorce Papers

Michigan Residency Requirements

To obtain a divorce in Michigan, one of the parties must have resided in Michigan for at least 180 days and in the county in which he or she files for divorce for at least ten days prior to filing.

Related Article: Is Michigan a Community Property State?

Grounds for Divorce in Michigan

Michigan is a no-fault divorce state. The complaint for divorce need only allege that there has been a breakdown in the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood the marriage can be preserved. Fault is sometimes relevant in child custody, spousal support, and property distribution.

Michigan Property Division Process

“Equitable distribution” governs property division in Michigan. The court starts with the presumption that the parties should each receive a “roughly congruent” share of the marital property.

Marital property is any property (including debt) acquired during the marriage (from any source) and not property acquired before the marriage or passive increases in the value of that property.

The court considers several factors:

  • The length of the marriage
  • The parties’ needs
  • Age
  • The value of the property
  • Fault

Fault is, in general, relevant if the fault that caused the breakdown of the marriage is related to marital property (e.g., your spouse had a gambling habit and, as a result, acquired substantial debt by refinancing your marital home).

The court may also invade each party’s separate property if the other party contributed to the increase in value of that property or if the other party “needs” a share of the property, using the same multi-factored analysis. Note that while invasion can happen, it is not common.

Related Article: Divorce Tips For Men: What To Do With The House

Michigan Child Custody Laws

Michigan custody has two components: legal custody and physical custody. Usually, the parties share legal custody, which involves the power to make important life decisions for the child, such as educational and medical decisions.

  • Physical custody is the actual possession and time with the child. Because the term physical custody suggests that the other parent has no time with the child, courts increasingly call physical custody “allocation of parenting time.”
  • Legal custody is the ability to make decisions about the child, such as their health care, education, religious teachings, etc.

Any custody decision must consider the 12 best interest factors:

  • The love, affection, and other emotional ties existing between the parties involved and the child
  • The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any
  • The capacity and disposition of the parties involved to provide the child with food, clothing, medical care, or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs
  • The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity
  • The permanence, as a family unit, of the existing or proposed custodial home or homes
  • The moral fitness of the parties involved
  • The mental and physical health of the parties involved
  • The home, school, and community records of the child
  • The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference
  • The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents. A court may not consider negatively, for the purposes of this factor, any reasonable action taken by a parent to protect a child or that parent from sexual assault or domestic violence by the child’s other parent.
  • Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
  • Any other factor considered by the court to be relevant to a particular child custody dispute.

Related Article: Michigan Child Custody Questions

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Michigan Child Support

Child support is based on the Michigan Child Support Formula (MCSF). The MCSF calculates support using each parent’s income and overnights with the child, with credit given for child care and health care costs.

The Friend of the Court utilizes a computer program with the MCSF to calculate each party’s support obligation, if any. Either parent may ask to deviate from the formula amount if it is “unjust or inappropriate.” Parties may opt out of the Friend of the Court system but should only after a thorough consultation with an attorney. Note that while the parents can agree to modify or temporarily withhold child support under certain circumstances, they are not permitted to permanently end child support, as the order is ultimately for the child’s rights, not the parents’.

Related Article: Michigan Child Support Laws – FAQs

Michigan Spousal Support

Alimony in Michigan is called “spousal support.” The court may award temporary spousal support during the divorce process while rehabilitative or permanent support is awarded after the final decree if necessary.

There are several strategies you can use to reduce your exposure to spousal maintenance in Michigan:

  • Reduce your current household expenses.
  • Establish a precedent of your ex supporting her own needs with little support.
  • Help your ex get a better job or education.
  • Do not participate in marital misconduct.
  • Hold off on finalizing the divorce if income is trending down to use a lower income in calculating alimony.

Related Article: Spousal Support, Spousal Maintenance and Alimony

Why Work With Cordell & Cordell

Cordell & Cordell focuses on advocating for clients who are too often ignored by the family court system. We offer a history of success from highly experienced attorneys who are familiar with Michigan’s unique family law standards inside and out. With our communicative attorney-client relationship and an aggressive approach to court hearings, you can confidently approach your family law issue in Michigan. Take a look at what some of our previous clients had to say about our services.

Client Experiences

“First and foremost, Frank was an exceptional person to have worked with me on my case. He not only explained everything regarding strategies and how to proceed in great detail, he let me choose my path under his guidance, and I was 100% satisfied with the outcome.” — James T.

“If I ever (and I hope I don’t) have to use your services again, it would be because of your people who have been working hard and are professionally unmatched!!” — Jeffrey M.

Giving Michigan Clients a Voice

Cordell & Cordell is a national law firm with experience across the country, including family attorneys who operate in Michigan. We focus on helping clients with family law issues, and we will put that experience to work for your case. Get in touch with our team at 866-323-7529 or by filling out our online contact form to schedule an initial consultation.