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Posts tagged "Family Law"

What factors are considered when setting child support

Filing for divorce can be a complicated process, especially when there are children involved. Matters of determining child custody and setting child support are necessary to include in the final divorce settlement. Child support is designed to minimize the effect children experience when moving from a traditional family situation to a single-parent household. In Michigan, and in many other states throughout the nation, the income shares model is used to determine how much child support will be ordered. Under this model, it is believed that children should receive the same amount of financial support that they would have been exposed to had their parents remained married. 

Will my child support spending be monitored?

You may have questions about child support during your divorce. Perhaps your friends, associates and family members have told you that the court will keep tabs on how you spend the money. Your ex may have said you are supposed to provide him or her with receipts or may even have a list of expenditures he or she deems acceptable to spend child support on. Understandably, you are probably feeling some anxiety if you are hearing these claims.

Study shows the benefits of joint custody for kids

Going through a divorce can be overwhelming, not only for the couple who is terminating their marriage, but for the children who are unwilling participants of the separation. It can be extremely difficult for kids to transition from a two-parent family and household to a single-parent living arrangement. Traditionally, courts award sole-physical custody to the parent who is the primary caretaker of the child in order to keep the child in a consistent environment. However, studies show that joint-physical custody may provide children with many behavioral and developmental benefits. 

Helping your children prepare to welcome a new sibling

Preparing to adopt is an exciting time and one that also brings unique challenges for you and your family. If you already have children living in your home, you will need to help them prepare for the addition of a new family member who will undoubtedly have a different background and life story. At Gormley and Johnson Law Offices PLC, we have helped many families in Michigan as they are working through the adoption process. 

What is a QDRO?

During a divorce in Michigan, it is necessary to divide shared property fairly between you and your ex-spouse. Some assets may be easier to divide than others. For example, with a shared checking or standard savings account, it may be a simple matter of closing the account and dividing the money equally, but the same does not hold true for a retirement account because tax penalties can arise from early withdrawal. Division of retirement savings accounts often requires the court to issue a qualified domestic relations order.

What is harassment?

Many people in Michigan may have a narrow perception of what constitutes harassment. In fact, harassment encompasses a broad range of different behaviors. Many of these behaviors can involve criminal punishment. Some may carry felony charges, while others are only misdemeanors. 

Can you modify a child custody agreement if you move?

Even though your divorce has been finalized for some time now and you and your ex have had a smooth ride with the child custody agreement that was arranged, you have been considering relocating to somewhere else. Now, you are wondering whether or not the courts in Michigan will agree to modify the original agreement based off of the merits that you are moving and may no longer be able to abide by the arrangement that was outlined initially. 

What you can do to gain joint custody

As a parent going through a divorce in Michigan, you should keep in mind that you, your spouse and the court system all want what is in the best interests of your children. Generally speaking, the law presumes that close contact with both parents is in every child's best interest, and we at Gormley and Johnson Law Offices agree.

Should you get an annulment or a divorce?

If you want to end your marriage, you have two main options in Michigan. You can get a divorce or an annulment. However, you need to be aware that an annulment is not an option for everyone. In fact, it is very limited. According to VeryWell Mind, the court issues an annulment in only rare circumstances. Typically, that would be if the marriage was illegal in some way.

What is a cohabitation agreement?

Marriage offers a couple a lot of advantages, but it also involves a big commitment and a lot of legal and social implications. Some couples in Michigan do not wish to enter into marriage, perhaps because of personal beliefs or because doing so would be economically disadvantageous. If you and your partner fall into this category but would still like to delineate rights, responsibilities and financial obligations to one another through legal means, you have the option of entering into a cohabitation agreement.

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