On March 25th, Jonathan Welsh wrote in the Wall Street Journal about devices used by dealerships, financing companies and leasing companies to disable vehicles if the drivers are behind in their payments. Rob Robertson of Austin, Texas, a member of the ABA Family Law Listserv, wrote today with this thought: How long will it be before we see this technology used in a divorce situation? Many family lawyers have clients with car loans that cannot be refinanced, and/or unhappy former spouses with credit woes when the ex doesn't make the car payment as ordered in the judgment.
On March 26th, the court of appeals reversed a trial court's decision to enter a judgment of divorce that included conditions regarding termination that were not included in the settlement placed on the record. This case illustrates how important it is to fully state the parties' agreement on the record in open court and to avoid making assumptions that "what we usually expect" as conditions for termination of alimony will also belong in the judgment.
Another relocation case was recently decided by the court of appeals, Skeins v Mead (March 17, 2009) Docket No. 287426. In this case, the parents shared joint legal and physical custody of the child, alternating custody on a weekly basis. Both parents were, in fact, engaged in jointly raising the child in two home environments, although the father was periodically absent for military deployments. It was undisputed, other than the time of defendant-father's deployment to Kosovo and short training period on his return, he complied with the schedule. He is now employed by the National Guard as a trainer.
Relocation. The Plaintiff's motion was precipitated by economic hardship - lack of local employment which led her new husband to find a good-paying job in Texas and optimistic hopes by plaintiff to also land a job.
On March 25, 2009, a judge in Broward County Florida took a very proactive approach to a domestic violence case. Apparently, a man had been brought to the courtroom in handcuffs. Likely, he'd been arrested for domestic violence and had spent the night in jail. At the hearing, a woman testified against him. For some inexplicable reason, the handcuffs were removed from the suspect. Violence ensued. The man began to pummel the witness. What happened next gives new meaning to the phrase "Here comes da judge!"
Children in families served by family lawyers often have only Medicaid coverage for health care. The Center for Children and Families released a report on
March 21, 2009 about Medicaid's role in health care reform.
According to the agency, Medicaid is a cornerstone of the U.S.
healthcare infrastructure and should be maintained, strengthened and
integrated with other components of the health care system as part of
health reform. The agency's recommendation was based on a research
report issued by the Georgetown University Center for Children and
Families ("CCF").
Massachusetts child abuse specialists say that cases of “shaken baby syndrome” which can cause devastating brain injury to infants have at least doubled in the last few months. They attribute the increase in frequency to economic stress on families in this challenging economy. Shaken baby syndrome is preventable. Near the end of this article, you will find a link to information about prevention. I bring this to your attention because shaken baby syndrome occurs right here in Traverse City and its environs as well.
A reader asks if a biological father who has been deprived of establishing a parent-child relationship by the mother -- who is hiding behind her marriage to another man -- might later have a child support liability. The answer to the question is yes, there is a risk that this might occur.
Imagine being deprived of a father-child relationship with a child you know is yours. Imagine that many years go by. And then imagine that the mother divorces her husband, who then refuses to support the child and disavows paternity.
As many of my readers know, I have written extensively on the topic of parentage issues arising in cases where the mother is married to another man. If a child is conceived and/or born while the mother is married, her husband is presumed by Michigan law to be the natural and legal child of the child. If the mother chooses to keep the biological father out of the child's life, he has no legal right to pursue or exercise any parental rights. Frequently, biological fathers are denied the right to see their children. Often this occurs even when the father has already formed a bond with that child.
Enough about custody fights over children. How about a dispute about who gets to keep the dog? On March 10, 2009, the Superior Court of the New Jersey Appellate Division approved for publication a decision in a case involving custody of the family dog. In Houseman v Dare, Ms. Houseman alleged that she and Mr. Dare had a verbal agreement after Dare broke their engagement that she could keep the pedigreed dog that they had acquired during their 13-year live-in arrangement.
In an appropriate case, spousal support may be ordered by a judge in a divorce case. Normally, court-ordered spousal support will be modifiable. Most cases settle before trial, though. Some divorcing parties may agree to spousal support. If their settlement agreement and/or divorce agreement doesn't specify that the spousal support is non-modifiable, then Michigan law provides that upon proof of changed circumstances, one of the parties can file a motion in court to raise or lower the amount, or to terminate the support altogether.
Parties have another option, which is to enter into an agreement for non-modifiable spousal support. In effect, they are contracting to bind themselves to pay or to receive a certain amount of money monthly or annually.
