On behalf of Faupel, Fraser & Fessler, Attorneys at Law posted in Child Support on Tuesday, May 15, 2012
Michigan residents who have gone through divorce know that it can be a difficult and complicated process. In addition to a variety of powerful emotions, couples must deal with a number of legal considerations. Different states have different laws, which can affect all aspects of a divorce, such as child custody and child support. These differences can play a major role in any divorce proceeding, especially if ex-spouses live across state lines.
The amount of child support can be one of the more contentious areas of any divorce, and a particular state's law can have a significant effect on how much each party pays. Each state has its own laws outlining the method for calculating child support obligations and its own law regarding enforcement of those obligations.
On behalf of Faupel, Fraser & Fessler, Attorneys at Law posted in Same-Sex Partners on Friday, May 11, 2012
Last month, a Livonia, Michigan hotel hosted a same-sex wedding expo. It was the second annual event for the group Between the Lines. At this event over 300 people searched for vendors of all types, including travel agents, florists, caterers, ring makers and the all-important wedding photographer, all under the same roof.
A bonus of the expo was a talk given by an attorney on gay and lesbian partnerships and marriage equality for same-sex couples in Michigan. The talk highlighted issues regarding Michigan's 1996 law and 2004 state constitutional amendment. The former permits marriage only between persons of the opposite sex. The latter proscribes same-sex marriage and equivalent unions. Taken together, these laws make Michigan one of the states with the farthest-reaching prohibitions on same-sex marriage in the country, according to the presenting attorney.
On behalf of Faupel, Fraser & Fessler, Attorneys at Law posted in Family Law on Wednesday, May 2, 2012
The law may impose an obligation on Michigan parents to support their children even after the relationship that produced the offspring has ended. But the nature and amount of this obligation can be a bone of contention between divorced and separated couples. One high-profile family law dispute illustrates the differing opinions that parents can have on the issue of child support.
The dispute involves a French executive and a model who had a son together in 2006. The two sides have been unable to come to an agreement over how much money the father should provide in child support each month, and it appears that they will now litigate the matter.
On behalf of Faupel, Fraser & Fessler, Attorneys at Law posted in Divorce on Thursday, April 26, 2012
Many Michigan residents devote significant attention to social media websites, such as Facebook and Twitter. They can be an invaluable tool for connecting with old friends and keeping in touch with others. But a person's profile, tweets and other information can be even more valuable to a spouse during divorce proceedings.
Although a wide segment of the public can access a person's social networking information, some people appear to be less discreet when using social media. They may say things in posts or publish pictures that they would otherwise not disseminate to a larger group of people. Some of this information can adversely affect various aspects of a divorce case, which is why an overwhelming majority of attorneys report that many more divorce cases today involve information culled from various social media outlets.
On behalf of Faupel, Fraser & Fessler, Attorneys at Law posted in Divorce on Wednesday, April 18, 2012
Some say that the word honeymoon refers not just to a couple's post-wedding vacation, but also to the couple's first month of marriage, which is traditionally regarded as the sweetest. But like the moon, that sweetness can wane, leading some couples to divorce. One new multi-year study in the Journal of Family Psychology has attempted to discern why some people continue in their marriages while others do not.
To compare apples to apples, the researchers only followed couples who said they were initially quite happy in their marriages. Then over the course of a decade, the researchers administered surveys at intervals to gauge the state of their relationship, asking in particular how they addressed problems, supported each other and dealt with stress.
On behalf of Faupel, Fraser & Fessler, Attorneys at Law posted in Child Custody on Friday, April 13, 2012
Michigan music fans may have heard the rumors that Jennifer Lopez and her husband, Marc Anthony, were going to divorce. Those rumors became fact when Anthony filed the necessary legal papers for divorce earlier this week. Although the two are high-powered celebrities, their divorce will involve many of the same issues that other divorcing couples encounter. But they will also have to resolve other issues that many couples do not have to address.
For example, Lopez and Anthony were married for seven years and produced two children. Like other divorcing parents, they will have to decide on a child custody agreement. Reports indicate that Anthony wants to share legal and physical custody of the young children with Lopez. Determining parenting time under a custody arrangement can occasionally be a source of dispute, but it appears that the couple is getting along amicably at this stage.
On behalf of Faupel, Fraser & Fessler, Attorneys at Law posted in Divorce on Wednesday, April 4, 2012
A divorce can introduce a certain amount of instability into a family. Children of separating parents can be greatly affected by the changes caused by a divorce, as their time may be divided between parents according to the terms of a parenting plan. In some cases, the divorce may affect a child's academic performance. But there are steps that parents can take to ensure that, although their marriage will not continue, their mutual support of their children will.
Children can benefit when both parents remain involved in their school. Experts recommend that divorced parents communicate with their children's teachers to monitor their development and visit the teachers together during scheduled conferences. Even if they do not share joint custody, a divorced couple should demonstrate their joint support by going to their son or daughter's art fair, drama presentation or sporting event.
On behalf of Faupel, Fraser & Fessler, Attorneys at Law posted in Child Support on Tuesday, March 27, 2012
Many basketball fans will remember that Dennis Rodman began his long career here in Michigan. Known as much for his colorful personality as for his rebounding ability, Rodman earned millions of dollars playing in the National Basketball Association. But Rodman apparently lacks the funds necessary to meet court ordered child support payments.
Rodman has been married and divorced multiple times. The current support obligations stem from his marriage to his third wife, which produced two children. He is required to pay his ex-wife $4,500 every month, which consists of both child and spousal support. As of earlier this month, Rodman was over $800,000 in arrears for child support on that one account. He also owes support obligations to a third child he had with a different woman.
On behalf of Faupel, Fraser & Fessler, Attorneys at Law posted in Child Custody on Tuesday, March 20, 2012
Michigan residents who watch the long-running television show "Top Chef" will be familiar with Padma Lakshmi, one of the show's hosts. They may also know of her relationship with Adam Dell and their subsequent child custody dispute involving their young daughter. The dispute went to court, but was recently resolved, largely in Dell's favor.
When the couple separated, the visitation agreement in place limited Dell's ability to see his daughter. In fact, Lakshmi disputed whether Dell was the father of the child. She suggested that another man with whom she had a relationship and who created a trust fund for the young girl could have been the father.
On behalf of Faupel, Fraser & Fessler, Attorneys at Law posted in Divorce on Tuesday, March 13, 2012
April is fast approaching, and many Michigan residents are likely gathering tax documents from last year in preparation to file tax returns. For those who have recently undergone a divorce, tax season can involve a number of new variables. For instance, alimony and child support both factor into a person's tax calculations, but the Internal Revenue Service accords them different treatment and has special rules that may characterize alimony as child support in certain circumstances.
To begin, alimony and child support differ in whether paying ex-spouses can deduct payments on their tax returns. Child support is not deductible. Alimony, subject to some exceptions, is deductible. And the exceptions are numerous. For example, alimony is only deductible if it is paid under a court-issued divorce or separation order. The IRS will deem anything paid outside an official legal agreement not alimony and therefore not deductible. The Internal Revenue Code also prohibits a deduction if the paying and receiving spouses are living in the same household at the time of payment.
