Assets not distributed cause interest penalty. Terry Bankert 810-235-1970.

Can the court award interest on assets distributed in a judgement of divorce but not speedily transferred? Yes.

FYI- “The trial court possesses equitable powers to grant “interest on the amounts granted in thedivorce judgment.” Lawrence v Lawrence, 150 Mich App 29, 34; 388 NW2d 291 (1986).

Such power is within the trial court’s discretion. Id. “This discretion also applies to awards of intereston amounts to be paid pursuant to a property division when such amounts are overdue.” Id.

The purpose of awarding interest is not to compensate the party for lost use of such entitled topayments; rather, it is to “prevent[] the delinquent party from realizing a windfall and assuresprompt compliance with court orders.” Olson v Olson (On Remand), 273 Mich App 347, 354-355; 729 NW2d 908 (2006).”

SOURCE is Michigan Court of Appeasls Unpublished 3/21/19. Sicher No. 34141 Livinston County 12-005416 DM

Presented here by Flint Divorce Lawyer Terry Bankert  if you have additional questions please call 810-235-1970. Or contactme through my web page at attorneybankert.com.

http://www.AttorneyBankert.com

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FLINT DIVORCE LAWYER ,CHILD SUPPORT CUSTODY, FLINT ATTORNEY

Daily internet new from Flint MI USA

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Spouse moving out of state with child. 235-1970

TOPIC

A PARENT WANTS TO  MOVE OUT OF STATE. CAN THIS PARENT MOVE AND WHAT IS THE IMPACT ON CUSTODY PARENTING TIME AND CHILD SUPPORT?

HERE THE PARTIES HAVE JOINT LEGAL AND JOINT PHYSICAL CUSTODY IN A MICHIGAN ORDER.

Presented here by Terry Bankert  Flint / Genesee County MI Family Law Lawyer (810) 235-1970, www.attorneybankert.com.

FACT SITUATION

The mother desires/plans to move more than 100 miles to another state.

Father is opposed to the child moving. On its surface the issues are 

1. Change in domicile. 

2. Change in parenting time and effectively custody. 

How is father's position defended?

SUMMARY

In summary, in ruling on requests to modify previous judgments, or orders concerning custody, the court must consider three issues before modifying a custody order:

 

Has the petitioner carried the initial burden of establishing either “proper cause shown” or a “change of circumstances”?  Father will argue that Mother has not met her burden.

Is there an established custodial environment?  Father will argue that the established custodial environment is joint custody.

Is the modification in the best interests of the child? []MFL12] The best interest burden is clear and convincing evidence and will not be met. 

This requires an analysis of the best interests factors of MCL 722.23.Google and review .

 

Presented here by Terry Bankert  Flint / Genesee County MI Family Law Lawyer (810) 235-1970, www.attorneybankert.com

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Spousal Support 810-235-1970

SPOUSAL SUPPORT REVIEW BY FLINT DIVORCE ATTORNEY TERRY BANKERT 810-235-1970. WWW.ATTORNEYBANKERT.COM

The purpose of spousal support is to “balance the incomes and needs of the parties in a way that will not impoverish either party” based on that which is “just and reasonable under the circumstances of the case.” Myland v Myland, 290 Mich App 691, 695; 804 NW2d 124 (2010). [3/19/19 Csercse ]

To assist the analysis, this Court has enumerated several factors for a court to consider: Factors to be considered are

(1) the past relations and conduct of the parties,

(2) the length of the marriage,

(3) the abilities of the parties to work,

(4) the source and amount of property awarded to the parties,

(5) the parties’ ages,

(6) the abilities of the parties to pay alimony,

(7) the present situation of the parties,

(8) the needs of the parties,

(9) the parties’ health,

(10) the prior standard of living of the parties and whether either is responsible for the support of others,

(11) contributions of the parties to the joint estate, and

(12) general principles of equity. In addition, the court may consider a party’s fault in causing the divorce. [Thames v Thames, 191 Mich App 299, 308; 477 NW2d 496 (1991) . [3/19/19 Csercse ]

“[T]he effect of cohabitation on a party’s financial status” is also relevant. Berger v Berger, 277 Mich App 700, 727; 747 NW2d 336 (2008). [3/19/19 Csercse ]

The trial court should make specific findings of fact for factors that are relevant to the case. Myland, 290 Mich App at 695. [3/19/19 Csercse ]

The “Tax Cuts and Jobs Act signed into law on December 22, 2017, eliminates the alimony deduction (Section 71 payments) for agreements executed after December 31, 2018,[ICLE]

A Judgment of Divorce is required by MCR 3.211(B)(4) to contain a provision “reserving or denying spousal support.” If for some inexplicable reason, a Judgment of Divorce is silent regarding spousalsupport, under MCR 3.211(B)(4), the issue of spousal support is reserved. Prior to the enactment of MCR 3.211(B)(4), if a Judgment of Divorce was silent in regards to spousal support it was barred and, therefore, not modifiable. Mack v Mack, 283 Mich 365; 278 NW 99 (1938).[ICLE]

SPOUSAL SUPPORT REVIEW BY FLINT DIVORCE ATTORNEY TERRY BANKERT 810-235-1970. WWW.ATTORNEYBANKERT.COM

PRINCIPAL SOURCE. S T A T E O F M I C H I G A N C O U R T O F A P P E A L S GREGORY ALLEN CSERCSE, Plaintiff/CounterdefendantAppellant, UNPUBLISHED March 19, 2019 v No. 342902 Gladwin Circuit Court SHARON ANN CSERCSE, LC No. 17-008899-DO Defendant/CounterplaintiffAppellee. Before: STEPHENS, P.J., and GLEICHER and BOONSTRA, JJ. PER CURIAM. CITED HERE [3/19/19 Csercse ]

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