Divorce Lawyer Invited to "Saving Our City Conference" in Flint

MEN’S CONFERENCE,2010 ,
SAVING OUR CITY.
Feb. 20th 2010,
Flint Northern High School. Facilitator Douglas Taylor,
douglas.taylor223@yahoo.com
Appears to be some affiliation with “Overcomers Youth Center Inc.”
Posted here by Terry Bankert A Flint Divorce Alwyer sharing his opinion.
http://www.flintfamilylaw.com/

As A Flint Divorce Attorney I have been invited to be a speaker at this event at 11:00 am and to speak generally about topics I focused on my radio show. I went off the air about a year ago,WFLT every Saturday Morning “Know the Law” where I focused on Flint Divorce and Family Law.

My plan is to talk about Young Men Getting parenting time when they go to court for child support. This first court hearing could be from a divorce, paternity or Prosecutors action.

Presentation can be found at;

http://flintdivorcelawyer.blogspot.com/

The circulated agenda to this public meeting follows.

Purpose: We believe one of the ways to save Flint is by coming together to address the issues that are holding Flint down. When building a house it must be built on a solid foundation to stand the test of any kind of weather; tornadoes, thunderstorms, floods, even earthquakes. When a house is built on sand or a weak foundation it will not stand the test. The reason for having this men conference is to build a foundation for Flint by helping men to create the correct mind-set to re-build our city we call home. We believe once we as strong men start building our families, homes, neighborhood, community Flint will have the foundation to stand against any storm.

Agenda

The agenda is posted in the information package everyone received upon entering the conference.

9:00 AM REBULIDING THE CITY: Speak on ways to help re-build the city by re-building the family structure. By doing this should help re-build the neighborhoods and communities.

9:30 AM STARTING YOUR OWN BUSINESS: Hire family members or youth from neighborhoods, after opening a business in the community. (Make city contracts)

10:00AM STOP YOUTH KIILS/CRIME: Showing the youth how to respect themselves and others. Encourage them to do good deeds in the communities. Encourage them to stay in school and show them by dropping out will make it harder for the next kid. (School closing makes it hard to learn)

10:30 AM BREAK (for 15 minutes)

10:45 AM RAISING THE HOME VALUE: Keep the neighborhoods clean, by taking charge of your home and your blocks. When every block stays clean then the community stays clean in return the value of the homes will raise.

11:15 AM HOW TO CREAT A BETTER SCHOOL SYSTEM: When the school enrollment is up; money from the state will increase. In some cases there will be enough money to hire teachers and reopen some of the city schools.

11:45 AM MAKING A COMMITMENT TO YOURSELF: In order t help the community and the city, we as strong men must make a comment to change our way of thinking about this city. Make a commitment to help ten young people every week for a year. (Have the names and the progress of each one for the next conference)

12:15 PM to 1:15 PM LUNCH BREAK Lunch will be set-up and prepared by women volunteers. (Mothers, wives, daughter, girl friends and sisters) Welcome back recap on what we discussed in the first half / portion /morning.

1:15 PM RESPECT WOMEN AT ALL TIMES: Treat all women like queens. How would you like someone to treat your mother, sister, wife or daughter?

1:45 PM FAMILY MATTERS: The role of a man in the family, support your wife and teach the kids respect.

2:15 PM WHAT CAN YOU DO? Think about what you as a man can do for your family, community and city to make it a better place to live.

2:45 PM 15 MINUTE BREAK 3:00 PM YOU’RE NOT ALONE: There are many of us in the same boat. In order to fight the storms we must support one another to keep the foundation strong. (Start support groups will meet once a month to discuss the issues and concerns.)

3:30 PM MAKE A DIFFERENCE IN SOMEONE’S LIFE: Spend one hour a week helping a young man stay on the right track by becoming a MENTOR. There are many organizations in the city looking for mentors, The Flint Schools, Big Bothers Programs etc.…

4:00 PM Q&A: Answer question end of the conference. Meet with the speakers until

5:00 PM
http://flinttalk.com/viewtopic.php?p=53066#53066
Flint Talk post

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Post Judgement can a Judge make a lump sum payment a periodic one ?

Terry R. Bankert a Flint Divorce Lawyer discusses several issues surrounding a Divorce appeal recently decided by the Michigan Court of Appeals.

The case we will look at is not a Geneses County, Flint Michigan, divorce case. It is from St. Clair County.

In this case the trial court erred in ordering the $310,000 lump sum payment provided for in the parties' settlement agreement incorporated into the consent divorce judgment could be paid in installments, contrary to the terms of the consent judgment.

One Divorce or Family Law issue discussed is whether the trial court properly,, ordered the lump sum payment provided for in the parties' settlement agreement could be paid in installments (contrary to the terms of the consent judgment); The trial court is the local family law court where the divorce attorneys or lawyers argued the case then one or both appealed. See In re Lobaina Estate; Construing unambiguous contract provisions; Rory v. Continental Ins. Co.;

In this case the Court of Appeals found the lower court was in error. They said "We do not believe that any of these provisions authorized the court to convert the lump sum payment negotiated between the parties, and memorialized in this consent judgment of divorce, to installment payments. MCL 600.6107 refers to judgment creditors and debtors. The marital relationship is not that of a debtor and creditor. Lindner v Lindner, 137 Mich App 569,572; 358 NW2d 376 (1984).

The second divorce issues discussed is whether MCL 600.6107 and MCL 600.6201 gave the trial court authority to allow the defendant-husband to pay the judgment in installments; The Court of Appeals found that it did not.

The Court of Appeals pointed out "We first note that while the trial court referred to its powers to enforce an agreement, the agreement was for a lump sum payment, and the trial court did not enforce this provision.

Instead, the trial court altered it. Modifications of property settlements in divorce judgments are strongly disfavored. Baker v Baker, 268 Mich App 578, 586; 710 NW2d 555 (2005)"

The third issues discussed is the applicability of MCL 600.6107 (referring to judgment creditors and debtors); Lindner v. Lindner; Modifications of property settlements in divorce judgments; Baker v. Baker; Lentz v. Lentz; Bers v. Bers; Alexander v. Alexander; Molnar v. Molnar;

To clarify this State Statute MCL 600.6107 refers to judgment creditors and debtors. The Michigan Court of Appeals found that marital relationship is not that of a debtor and creditor. Lindner v Lindner, 137 Mich App 569, 572; 358 NW2d 376 (1984).

Here we will discuss Whether the trial court denied the plaintiff-wife her right to foreclose on her liens against defendant's properties and to obtain a judicial sale in order to enforce the lump sum payment; Draggoo v. Draggoo; Wiand v. Wiand;

Divorce proceedings are conducted in the same manner as other suits in courts of equity;and these courts have the power to award issues, to decree costs, and to enforce its decrees.Draggoo v Draggoo, 223 Mich App 415, 428; 566 NW2d 642 (1997). A court possesses inherent authority to enforce its own directives. Wiand v Wiand, 178 Mich App 137, 144; 443 NW2d 464 (1989).
Our fourth issues is whether the trial court properly limited plaintiff's recovery of attorney fees and costs; In re Temple Marital Trust;

Once again, the parties negotiated an agreement to enforce the provisions of the judgment by requiring the other party to pay the costs and fees of enforcing its provisions.

While the record demonstrates that plaintiff had been attempting to collect the lump sum owed to her prior to the case’s reassignment, the trial court nevertheless limited the award of costs and fees.

Because the specific language in the judgment leaves no room for interpretation, the trial court’s limitation constituted an abuse of discretion. See In re Temple Marital Trust, 278 Mich App 122, 128; 748 NW2d 265 (2008).

Our fifth issue is whether there should be Interest awarded on the defaulted amount; Olson v. Olson;

The statutory interest on money judgments, MCL 600.6013, does not apply to divorce judgments, but in appropriate circumstances a court may award interest in its exercise of equitable powers. Olson, supra at 351. In its discretion, a trial court may award a party interest where the payments due on a property settlement are overdue. Reigle v Reigle, 189 Mich App 386, 394; 474 NW2d 297 (1991).

Our final issue is whether the following state statute is applicability . It is MCL 600.6013; Reigle v. Reigle; Request for assignment of the case to another judge on remand; Bayati v. Bayati; People v. Pillar

A case should be assigned to a different judge on remand if it would be unreasonable to expect the trial judge to be able to put previously expressed findings out of mind without substantial difficulty. People v Pillar, 233 Mich App 267, 270-271; 590 NW2d 622 (1998).

The Michigan Court of Appeals found However, our review of the entire record does not demonstrate that the trial judge will be unable to put his previous rulings out of his mind, and justly resolve the issues at a subsequent hearing. Pillar, supra at 271; Bayati, supra at 603.

See:Court: Michigan Court of Appeals (Unpublished),Case Name: Slota v. Slotae-Journal Number: 45029,Judge(s): Per Curiam - Servitto, Fort Hood, and Stephens ,UNPUBLISHED,February 9, 2010 ,No. 285676,St. Clair Circuit Court,LC No. 02-002811

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$ for Flint Schools?

GOOD MORNING FLINT! 1/4/09 Terry Bankert Recently the City of Flint School System announced it has reactivated a task force of nearly 30 people to spread the word about the crucial millage, which in the past has generated more than $15 million of the school district's budget. 1. Is this a new millage? 2.What will it be used for? 3.What is the real financial situation of Flint Schools? 4.Who are these 30 people tasked to convince us to spend our tax money? 5. I do not have a position....yet. Do you support a millage renewal? Terry Bankert 111561

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