Michigan Military Divorce

Virtual grandparenting visitation

The New York Times today focused on grandparents' webcam visits with their grandchildren—virtual tea parties and virtual hugs. For grandparents who live countries apart or just hundreds of miles apart, there can be real benefits when children and grandparents have access to a computer that is hooked up to a webcam. Newer laptops do have built-in webcams.

Child support | Opening a window of opportunity?

In an unpublished opinion, a panel of the Michigan Court of Appeals decided on November 25, 2008 that child support would be payable on behalf of a child who was over the age of 18 and residing with a parent, even though that child might not be able to graduate from high school by the age of 19 1/2. The ruling in this case, were the case published and controlling law, would have wide-reaching ramifications.

New IRS mileage allowances | Business use | Medical need | Charity

The IRS has announced that the optional mileage allowance for owned or leased autos (including vans, pickups or panel trucks) is 55¢ per mile for business travel after 2008. That’s 3.5¢ less than the 58.5¢ allowance for business mileage in the last six months of 2008. Further, the rate for using a car to get medical care or in connection with a move that qualifies for the moving expense deduction is 24¢ per mile, down 3¢ from the 27¢ per mile allowance for the last half of 2008. [See Rev Proc 2008-72, 2008-50 IRB , IR 2008-131]

Simplified deduction method. The mileage allowance deduction replaces separate deductions for lease payments (or depreciation if the car is purchased), maintenance, repairs, tires, gas, oil, insurance and license and registration fees. The taxpayer may, however, still claim separate deductions for parking fees and tolls connected to business driving. ( Rev Proc 2008-72, Sec. 5.04 )

The standard mileage rate may not be used for a purchased auto if:

Divorce in the midst of Michigan's unemployment & foreclosure mess

Families all over Michigan are struggling to keep their heads above water. I've just returned from the 7th Annual Family Law Institute, the premier family law conference of the year. The impact of Michigan’s failing economy on divorced and divorcing families was noted by many of the faculty.

Today, I noted with interest the wealth of information available in the New York Times. Susan Saulney and Monica Davey, reporting from Fennville, Michigan say:

“The bad news keeps coming to Michigan, a state long stuck in recession and at ground zero in the national economic downturn. But unlike in months and years past, there are no exceptions to the despair, not even here among the bucolic resort communities along Lake Michigan.”

Let me put the “take-away” right up front here. The New York Times article has facts and specifics family lawyers can use. There is an interactive graphic showing unemployment and foreclosure information in a way that could be usable to lawyers working with these families.

Sperm donation | Should donors' anonymity be protected?

  The Boston Globe reports on November 23, 2008 of rising demands for release of donor information from sperm banks so that children may identify their fathers. Sperm donation has traditionally been cloaked with anonymity, but many young people now challenge that. The Globe reports a growing debate about whether donors should be allowed to remain anonymous. At the center of the debate are organization such as the Donor Sibling Registry, an online entity that has helped over 5,900 people conceived by sperm donation with their half siblings or with the donors themselves. Thus, the debate revolves around who has greater rights--the donors who want to be anonymous or the children who want to know more about their fathers.

What are the risks of parental kidnapping & how can you prevent it?

Given Michigan’s disastrous economy, families are increasingly mobile. The prospects of a parent removing children from Michigan in violation of a court order or in the absence of a court order have increased as a result. Parental kidnapping is a felony punishable by 1 year and 1 day in prison. However, because of the potential harm to children, it is important to focus on prevention.

On June 14, 2007, legislation was initiated in Michigan that would help parents seek court intervention to prevent parental kidnappings. House Bill No. 4925  [Last accessed on November 22, 2008]. The Model Act is called the Uniform Child Abduction Prevention Act. Unfortunately, that legislation has languished in Committee ever since.

Family law experts around the country have actively supported this uniform law. The question for Michigan parents and family lawyers is this: How can this Model Act help prevent and/or resolve parental abductions?

Caught in the legal recession? ABA Journal Survey

The ABA Journal is surveying lawyers about the job market and the current state of the economy. We've been discussing this topic on the State Bar of Michigan Family Law Listserv. You can contribute to this survey online. It takes only 60 to 90 seconds to do so. Survey results will be published in the January ABA Journal. Answers will be kept confidential and used only in combination with all other responses received.

To participate, click here.

Home Alone | Is your child ready for this?

One question frequently asked by parents is “How old should a child be before he can be left home alone?” Often, I’m asked this question when holidays are coming up and parents will be at work, but children won’t be in school. The question is asked even more frequently as summer vacation approaches.

Of course, there is no simple one-size-fits-all answer. This decision is complicated because much depends upon the individual child and also family dynamics. A parent has to consider not only whether his or her particular child is “old enough,” but is ready enough to be left home alone. The issue becomes more complicated if there are younger siblings. Is the oldest child ready to stay home alone and to be “in charge of” the younger children?