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

Sphere: Related Content

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 ]

Sphere: Related Content

SEPARATE MAINTENANCE

SEPARATE MAINTENANCE

FYI “Married persons may request separate maintenance because the parties have a religious objection to divorce, or want to stay married for other reasons.”Source Michigan Family Law Benchbook, Ch 2 , Icle 2nd ED 2006

“ Separate maintenance may allow both parties to have continued health care coverage, but some employers and heath insurance providers treat an action for separate maintenance as a triggering event disqualifying a nonemployee spouse from continued health insurance coverage. This is not uniformly applied by either employers or health insurance providers.”

Presented here by Terry Bankert Flint Divorce attorney (810)-235-1970, www.attorneybankert.com

“An action for separate maintenance is filed in the same manner and on the same grounds as a divorce. MCL 552.7. Either the plaintiff or the defendant must have resided in the state for at least 180 days and in the county of filing for at least 10 days immediately preceding the filing of the complaint. MCL 552.7(1), .9(1). Both of these residency requirements are jurisdictional and must be met on the date of filing. If the requirements are not met, the action may be dismissed or the judgment set aside. Lewis v Lewis, 153 Mich App 164, 395 NW2d 44 (1986) (circuit court lacks jurisdiction in separate maintenance action if neither party met residency requirement before filing). See chapter 1 for a complete discussion of the procedural requirements for a divorce.”

“When the matter is concluded, the parties are still technically married, but the marital property may be divided, MCL 552.19, and the court may order support for a spouse who requires it, MCL 552.23(1).”

“A separate maintenance action will result in a divorce judgment if the defendant files a counterclaim for divorce and the statutory grounds are established. MCL 552.7(4)(b).”

“ If a party wishes to divorce after a final judgment has been issued in a separate maintenance action, the party should file an entirely new cause of action. Although many issues will already have been decided and are enforceable under the judgment, any remaining issues like dissolution of the marriage should occur under the new action.”

“In Kresnak v Kresnak, 190 Mich App 643, 476 NW2d 650 (1991), even though the husband died before the entry of the judgment, a property settlement agreement in a separate maintenance action was enforced where the parties had placed it on the record and it had been generally approved by the court. The general rule that the divorce court lacks jurisdiction to render a divorce after the death of one of the parties did not apply. The issue was not the severing of the relationship, but the enforcement of a contractually binding agreement. Id. at 649–650.”

“MCL 700.2801(1) of the Estates and Protected Individuals Code excludes an individual from surviving spouse status when that individual is divorced from the decedent or the marriage has been annulled. A decree of separation does not terminate the status of husband and wife and is not a divorce for purposes of MCL 700.2801(1). However, MCL 700.2801(2)(c) provides that a surviving spouse does not include “[a]n individual who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.” Although a judgment of separate maintenance does not terminate the status of husband and wife, it is a court proceeding “purporting to terminate all marital property rights.” But see §2.4(discussing same-sex marriage after Obergefell v Hodges, 576 US ___, 135 S Ct 2584 (2015)).”

“Unless it provides to the contrary, a waiver of “all rights” in the property or estate of a spouse or a complete property settlement entered into after the marriage

Sphere: Related Content