The Divorce Attorney Journal

Anyone who is divorced with children in the state of Michigan is well-acquainted with child support. There is one important facet with this area of the law, however, that often results in some confusion: child support modification.

The first thing to know is that child support modification cannot happen independently of the courtroom. The judge who is assigned to a divorce case when the divorce papers are filed has jurisdiction on all issues thereafter involving custody, parenting time, and, yes, child support… at least until the child turns 19.5 years old or graduates from high school, whichever comes first. That judge will make the decision about when, or if, any modification to child support can occur.

So when can the amount of child support be increased or decreased? What has to take place to convince a judge that a modification is in order? Watch this video featuring Macomb County lawyer Jacob Femminineo for insight into this complex matter.

In the state of Michigan, an initial interview with the Friend of the Court must take place when a divorce involves children. This interview will occur very early on in the divorce process, usually within the first one or two months of filing. It’s highly recommended that each party have their attorney present for this meeting.

During this initial interview, there is more of an emphasis placed on the physical custody of the children than the legal custody. On the table for discussion: the number of overnights each parent will have and the income of both parents. These very crucial details are taken into consideration to help the Friend of the Court make a recommendation of how much child support should be paid, and which party should be paying it.

In this video, lawyer Jacob Femminineo explains where this initial interview is held in Macomb County, why it’s required, how to prepare, and what can be expected from the Friend of the Court.

When a couple decides to go their separate ways, they must always file a complaint for divorce. In the most basic terms, this filing alleges that there has been a breakdown of the marriage and that there is no reasonable likelihood that the relationship can be preserved.

So where does the “no fault” divorce come into play? By law, Michigan is a “no fault” divorce state, which essentially means that neither party is legally at fault regarding the dissolution of the marriage. While that sounds simple enough, the matter can get a little complicated. Jacob Femminineo explains in detail in this video that fault can indeed matter. If there is a definitive cause for the breakdown of the marriage, such as addiction or infidelity, fault certainly comes into play.

Watch this video to find out how the fault of one party can affect the divorce settlement, particularly the division of assets.

Whether two people are married or not, when a couple who has a child together decides to end their relationship, there is one legal constant: One party will have custody of the child and the other party will pay child support.

In this video, Macomb County lawyer Jacob Femminineo goes into detail about the three main factors that are involved in determining what your child support payment will be in the state of Michigan. The first two factors involve money – your income and the other party’s income. The third factor involves the number of overnights the child will have at one party’s residence and at the other party’s home.

When added together, these factors create a non-negotiable number that one party will have to pay to the other. If more than one child is involved, the numbers get multiplied accordingly. That’s the objective formula. But there’s more – watch this video to learn about the other elements that can affect what that final child support number will actually be.

In a divorce case involving child custody, what was once referred to as “visitation” is now called “parenting time.” Michigan divorce law defines “standard” custody to be when one party has sole physical custody of the child (or children) and the other party – known as the non-custodial parent – has reasonable parenting time to spend with their child. In other words, the parent without sole custody gets to see their kids on weekends, holidays, and in the summer.

This weekend-holiday-summer arrangement isn’t set in stone though. Jacob Femminineo gets into the specifics of parenting time in this video and describes the many, many ways that parenting time can be divided between divorced parents. Naturally, the goal is to consider what is in the best interest of the child – but there is a way to get to a “magic number” so that both parents can get equal quality parenting time with their kids.

Custody issues in a divorce case can easily become controversial and complicate the divorce process. While there are a variety of elements concerning custody, in this video Michigan lawyer Jacob Femminineo delves more deeply into two aspects of the matter: physical custody and legal custody.

Physical custody is, simply enough, where the child lives. Whether the child ultimately resides with the mother or father or is split between both parents’ homes will be decided during the divorce process. Typically, there is usually one parent who has sole physical custody.

The concept of legal custody is more involved. This type of custody takes into account all the major decisions regarding the child such as care, education, religion, and health. Michigan divorce cases involving children almost always end with joint legal custody. Watch this video to find out why, to get specific examples of situations involving legal custody, and to find out what circumstances will have a judge getting involved.

There are two types of conferences in a Michigan divorce case: status and settlement. Conferences such as these occur during the divorce process when both parties have retained lawyers individually.

In a status conference in Macomb County, the two attorneys – and sometimes the parties as well – will meet with one of the judge’s referees. Conferences of this nature may occur early on in the divorce process and, though some people may consider them a waste of time, they are helpful in getting the divorce case moving and that much closer to settlement.

A settlement conference is somewhat similar to a status conference but, in this type of meeting, the parties and lawyers are sitting down with the judge who, believe it or not, wants to keep his or her finger on the pulse of what’s happening with the cases on their docket and move them along.

Watch this video, featuring Michigan lawyer Jacob Femminineo, for more details about exactly what happens, what matters are discussed, and what decisions are made during status and settlement conferences in the Michigan divorce process.

Download the Initial Divorce Interview form

Divorce is never easy, no matter how amicable a couple’s situation may be. Oftentimes, the most difficult part of a divorce is deciding when to file, particularly if children are involved. Working with the right Michigan attorney to ease the burden and simplify the process is half the battle in managing a divorce. In this video, Macomb County lawyer Jacob Femminineo explains how an initial interview with a divorce lawyer at Femminineo Attorneys will proceed. The biggest takeaway – that first consultation is completely free.

Femminineo Attorneys will tell you what you can expect from the divorce process every step of the way, whether or not you can use one attorney in your Michigan divorce, what will likely happen at the end of the divorce process, and they’ll help you determine when to file. In addition to the free, confidential, initial interview, these Michigan divorce lawyers have simplified the divorce process by offering an online divorce questionnaire that describes what information to prepare for your first meeting with your lawyer. Whether you decide to file for divorce immediately or not, this basic information will be at the ready to quickly get the process underway.

When referring to Michigan divorce cases, the term “jurisdiction” means one thing – which court will be hearing your divorce case. In the state of Michigan, all divorce cases are held in the circuit court of the county in which the person who has filed for divorce lives. This may seem simple enough, but there are two crucial details that can affect how timely, costly, and inconvenient a divorce may be (beyond the obvious).

In this video, Michigan divorce lawyer Jacob Femminineo explains the two most important numbers to remember when it comes to jurisdiction in Macomb County and beyond. Learn about the laws of establishing Michigan residency before legally filing for divorce, as well as the 10-Day Rule for county residency. And find out why, if you’re at all suspicious about a soon-to-be-ex-spouse’s “vacation” or “visit” to another part of the state, it’s in your best interest to file for divorce before they do.

One of the most common questions in the divorce process is, “How long is this going to take?” For couples who are filing a DM divorce – in other words, a divorce that involves children – they can expect the process to last a minimum of six months, or 180 days. Divorces that do not involve children are labeled DO – these take a minimum of 60 days to complete.

Before you get too hopeful about the prospect of having a divorce finalized in two months, listen to Michigan lawyer Jacob Femminineo in this video as he delves more deeply into the 180- and 60-day divorce laws. Learn about possible waivers that a judge may grant if it’s in the best interest of children who are wrapped up in a divorce. Understand why divorces take so much time and why so much paperwork needs to be filed. And find out why a 60-day divorce is the minimum for every couple in Michigan, no matter their marital, financial, or parental situation.