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Clinton Township Divorce Law Blog

Child carrying guns as part of custody dispute?

Too often child custody situations get out of hand and parents end up behaving much worse than their children. A father engaged in a child custody suit was arrested at an airport while waiting for a flight back to Detroit. For some reason he thought it would be a good idea for the child to carry gun parts and ammunition hidden inside of the child's stuffed animals while on their flight back to Michigan.

The incident was described by airport police as a "domestic custody dispute," a description that defies explanation. Such officials found disassembled gun components said to be "artfully concealed" within a teddy bear, stuffed rabbit and Mickey Mouse doll.

Alimony more often paid by women than in the past

More mothers are paying spousal support and alimony than ever before. At least 47 percent of family law attorneys nationwide have noted an increase in mothers paying alimony during the recent years and as many have seen 56 percent of women paying child support.

This is a reflection of what is occurring across Michigan and the country. More women are graduating from college and applying for positions in corporations that were formerly reserved only for men. Women are also making more money while men are now taking on caretaking roles in the family instead of simply being the primary breadwinner.

Michigan's efforts to collect back child support payments

It's difficult to fathom how many parents are behind or have refused to make their child support payments. The Michigan Attorney General's Child Support Division has just announced that it has secured such child support payments for more than 10,000 children across the state.

The Attorney General's office makes around 770 arrests every year for parents that are delinquent in their child support obligations. The recent effort of their office has recovered close to $120 million in unpaid child support.

Use of spy gadgets when seeking child custody

Divorce and child custody matters concerning Michigan couples is already too complicated, but now certain spouses going through divorce are using spy gadgets to get the upper hand. Such technology has become so sophisticated that many spouses are planting cameras in their children's teddy bears or having recorders sewed to their child's jeans.

Such practices are legal in 38 states so long as such practices do not spill over to wiretapping of telephone conversations or invade private communications on computers. The problem with such technology is not just that it is a means of finding out what the other spouse is doing. It also can result in the recording of private conversations between spouses and their attorneys, family members or friends.

Property divisions in divorce are generally final

Why is the proper handling of a divorce so important as regards property division? It doesn't matter if you live in Michigan or any other state decisions concerning such divisions are generally permanent and will not be set aside by a later decision.

A partner in one of the nation's largest law firms seems to not have appreciated this particular premise. A property division during a divorce proceeding back in 2006 between this partner and his spouse involved millions of dollars of assets. The problem with such a division was that the partner took his split of assets and invested the money with Barnard Madoff. So the partner lost much of what he took out of the divorce while his former spouse now has lots of money saved because she did not make the same investment mistake that he made.

Dividing of assets is key in most divorces

Whatever else Michigan residents imagine marriage to be, it is in truth a financial partnership with a number of contractual obligations. Each spouse has its own particular obligations concerning this partnership, and each has contributed a proportional share when getting married.

Because most married individuals do not understand this particular aspect of marriage, they are often forced to deal with the shock when it comes to division of property and marital assets during a divorce. Too often, such individuals are under the assumption that some sort of marital agreement would be necessary concerning the division of assets because: (a) they do not contemplate every getting divorced; or (b) they are under the faulty assumption that what they bring into the marriage will remain theirs if the marriage ends.

Family law matters are decided by each state

A dispute over some ownership of some promissory notes that were transferred to a former spouse in lieu of alimony ultimately resulted in the State of Michigan, a judge and the former spouse being named as defendants in a federal lawsuit. Though this all sounds very complicated, what it all came down to was whether a state or a federal court had the right to hear this matter.

The federal court declined to hear this matter because: "Under the domestic relations exception federal courts are precluded from exercising jurisdiction over cases whose substance if generally domestic relations." In other words, family law cases will be heard in state court rather than federal court, and it is state law that will be applied.

Congressman $117,000 behind in child support

There is a misconception that child support disputes concern only single parents or poorer individuals. However, a recent out-of-court settlement concerning a Congressman from a neighboring state of Michigan demonstrates how this is not the case. This particular Congressman finally paid back approximately $117,000 in child support including interest.

Not surprisingly, the Congressman resolved the claim at the same time he was seeking reelection to the House. This individual had been married for 17-years and had three children through the marriage. It probably wouldn't look good to his constituents to make the case that he owed more than six figures in back child support.

A Closer Look at Celebrity Divorce

At the end of any marriage, friends, family and even acquaintances may wonder, "What happened?" Partly because rumors can be juicy, but more simply, people want to know why marriages end. Were there signs? Is there anything that would have prevented the break-up? Why does it seem like celebrity couples end marriage too quickly?

Celebrity divorces without a prenup can make a divorce settlement even more complicated and high-profile, with millions of dollars and future earnings at stake. Couples will split for any number of reasons: money, dissatisfaction in the bedroom, personal differences, general life disappointment, or simply growing apart. After only months of marriage, it is difficult to predict what went wrong with couples like Katy Perry and Russell Brand.

Common mistakes when seeking child custody

Michigan husbands and wives often sabotage their own chances in a child custody matter. Judges will try to look at all of a parents choices and behavior when making a child custody decision, and they will want to take into account any behavior that could potentially harm a child.

Poor behavior such as the bad mouthing of the other spouse often will be brought to the attention of the court. That's why every effort should be made to behave around other family members in the same way one would act in front of a judge.

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Clinton Township, MI 48038-3406
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