Saturday, June 7, 2008

BANKERT INTERNET AND a.m. RADIO -WEEK IN REVIEW

BANKERT RADIO/VIDEO (a.m. and internet) 6/7/08, A WEEK IN REVIEW
________________________

9 AM/9AM/9AM WFLT FLINT AM RADIO 1420 A.M. 9 AM - Your family law questions This is a call in program 1-810-239-5733 todays topic NON- Retroactive modification of child support, a bad law see: http://flinttalk.com/viewtopic.php?p=29850#29850 [ you will have to scroll down..] __________________________

10AM/10AM/10AM LIBERAL AND LIVE- Saturday 10 am till 11 am. Terry Bankert on Flint Talk radio/video http://www.flinttalkradio.com/terrybankert.htm A WEEK IN REVIEW OF GOOD MORNING FLINT! From anywhere in the world call 1-810-235-1970. I would like to talk to my facebook friends.
______________________
GOOD MORNING FLINT! BY Terry Bankert 6/7/08 You are invited to join me at Face Book http://www.facebook.com/people/Terry_Bankert/645845362 ___________________________
Full article at http://goodmorningflint.blogspot.com/
Flint Talk http://flinttalk.com/viewtopic.php?p=29850#29850 __________________________
BLOGGING FOR MICHIGAN http://bloggingformichigan.com/
Great information from caring people in Michigan USA
__________________________
todays programming...................................

9-9:30 A.M. 6/7/08 on WFLT call in live 1420 AM Radio 1-810-239-5733

NON RETROACTIVE MODIFICATION OF CHILD SUPPOORT OR ANY OF YOUR FAMILY LAW QUESTIONS. SEE: http://flinttalk.com/viewtopic.php?p=29850#29850

10: a.m. TO 11:00 a.m. LIVE ON Internet radion Liberal and live Saturday 10 am till 11 am. Terry Bankert on Flint Talk radio/video http://www.flinttalkradio.com/terrybankert.htm During this hour I will re cap my blog Good Morning Flint from the last week.
________________________
06/06/08-MILITARY SUICIDE http://flinttalk.com/viewtopic.php?p=29815#29815 _________________________
06/05/08-HUMAN FAT TAX 06/05/08- http://flinttalk.com/viewtopic.php?p=29750#29750 __________________________
06/03/08-SALUTE TO HILLARY http://flinttalk.com/viewtopic.php?p=29618#29618 __________________________
06/01/08-Clinton plays the Misogyny card! http://flinttalk.com/viewtopic.php?p=29547#29547 __________________________

Posted here by Terry Bankert ... 096/07/08 (If you like this article please forward to your friends, if not just keep it to yourself.) Family Mediation and Divorce Practice. http://attorneybankert.com/ Join my political party of preference, http://www.michigandems.com/join.html Join me in creating a new voice in The Michigan Democratic Party, become a Precinct Delegate. You are invited to join me at Face Book http://www.facebook.com/people/Terry_Bankert/645845362 Link here for a broadcast OF THE GOOD MORNING FLINT ON FLINT TALK RADIO http://www.stickam.com/viewMovieGallery.do?uId=175398425 TODAYS SHOW AT Liberal and live Saturday 10 am till 11 am. Terry Bankert on Flint Talk radio/video http://www.flinttalkradio.com/terrybankert.htm 60291


14695

Sphere: Related Content

ONE COURT GIVES YOU CHILD CUSTODY ANOTHER MAKES YOU PAY CHILD SUPPORT

ONE COURT GIVETH ANOTHER TAKES AWAY!
Dads child support arrearage still his, $5,647.27 even after a juvenile court orders the child placed with him!
______________________
FAMILY LAW UPDATE BY Terry Bankert 6/6/08
TRB P.C. SEE:You are invited to join me at Face Book http://www.facebook.com/people/Terry_Bankert/645845362
_____________________

CAN RELIEF FROM JUDGEMENT BE USED TO SET ASIDE CHILD SUPPORT? NO!
Issues: Divorce; Child support;
Whether MCR 2.612 (relief from judgment) may be used to set aside accrued child support; Retroactive modification of child support; MCL 552.603; Fisher v. Fisher; Statutory analysis; Peterson v. Peterson; Waple v. Waple; Adams v. Linderman; Whether the trial court properly granted relief under MCR 2.612©); Determination of a conflict between a statute and a court rule; Muci v. State Farm Mut. Auto. Ins. Co.; People v. Cleveland Williams; Equity; Whether the prosecutor in the juvenile case should have given notice of changed custody pursuant to MCR 3.205 to the family court in another county
Court: Michigan Court of Appeals (Published)
June 3, 2008 9:05 a.m.
No. 272327
Wayne Circuit Court
LC no 87-721014-DM
Case Name: Malone v. Malone
e-Journal Number: 39534
See:http://www.michbar.org/opinions/appeals/2008/060308/39534.pdf

Judge(s): Zahra, Talbot, and Meter
[This case has been modified for the purpose on media presentation. Read the original and consult an attorney before you rely on it. -trb]

NO RETROACTIVE MODIFICATION OF CHILD SUPPPORT IF DUE PROCESS PROTECTIONS ARE IN PLACE.
Deciding an issue of first impression as to whether MCR 2.612 allows a court to grant a party relief from a support order by retroactively modifying court-ordered child support, the court held as long as the minimum protections of due process are afforded to a party ordered to pay child support, the party cannot receive retroactive abatement of accrued child support obligations.
CASE BACKGROUND
DIVORCED 1988-SUPPORT $40 per week
The parties were divorced in October 1988, the plaintiff-mother was awarded custody of their only child in the divorce judgment, and defendant was ordered to pay $40 a week in child support.
In 1994, the support was increased to $80 a week plus an amount toward an arrearage.
WHILE DIVORCED THE PARENTS LIVED TOGETHER 1988-1992 CHILD SUPPORT CONTINUED TO CHARGE!
The parties CONTINUED TO LIVE together and separated in 1992. My guess is that mom was on public assistance.
MINOR CHILD LIVED WITH MOM 1992-2004
The child lived with plaintiff between 1992 and 2004.
DISRUPTIVE CHILD LIVES WITH DAD AFTER CHILD FIGHTS MOM, ORDERED BY JUVENILE COURT!
TWO MONTHS WITH DAD, FOUR MONTHS WITH MOM
Defendant alleged plaintiff and the child had "serious problems" in 2004, and domestic violence charges were filed against the child in juvenile court, due to an altercation with plaintiff. As a result, the child lived with defendant for two months in 2004, but then lived with plaintiff from April 2004 to July 15, 2004.
THE JUVENILE COURT ORDERED MINOR CHILD TO LIVE WITH DAD FROM 6/15/2004 TO PRESENT. THE MICHIGAN COURT OF APPEALS SAYS DAD STILL HAS TO PAY CHILD SUPPORT BECAUSE HE DID NOT FILE A MOTION TO STOP IT.
Defendant alleged the child was then released to his care and custody by the juvenile court and has resided with him since then.
DAD DID NOT HAVE MONEY TO HIRE AN ATTORNEY AND MOTION TO STOP HIS CHILD SUPPORT FOR TWO YEARS....CHILD IS WITH HIM AND HE IS STILL PAYING HER CHILD SUPPORT....
Defendant claimed financial hardship prevented him from filing a motion to change custody or modify support, but continued to pay support.
DAD SAYS I GOT THE CHILD, A COURT ORDERED IT, I SHOULD NOT HAVE TO PAY CHILD SUPPORT, RIGHT!!!!!
He filed a motion in the family court on March 7, 2006 to modify child support and to adjust the arrearage dating back to February 2004, to give him credit for support plaintiff received after the child was not in her custody. [ He also filed for a change of custody.]
TRIAL COURT GRANTED 100% ABATEMENT- TWO STATUTES IN CONFLICT
Mom testified that what father was saying as to where the child lived was true.
The trial court, relying on MCR 2.612, held the support should be abated 100 percent after the child was placed with defendant and set the arrearage at 0. The court held MCR 2.612©) and MCL 552.603(2) conflict and could not be reconciled.
THE FRIEND OF THE COURT SAID THE JUDGE SCREWED UP, DADS CHILD SUPPORT SHOULD HAVE BEEN STOPPED.
"AT THE CONCLUSION OF A HEARING, THE Wayne County Friend of the Court)FOC) referee indicated on the record that she believed that the Macomb County Juvenile Court ‘erred in not stopping his [defendants] child support and ordering mom to pay’ So, I think under those circumstances the court can rectify it. It was court error."
The referee said the court should be able to correct its own mistakes.
The referee determined that dad had the minor child for 19 months because of a Juvenile Court order. He was still charged support, assessed surcharge and he paid support.
[When the referee tried to set thing right, mom Plaintiff appealed to the circuit court judge.She raised the concept on non retroactive modification of child support, the most unfair draconian law designed. Citing MCL 552.603 and the Appellate case, Waple vs Waple, 179 Mich App 673 1989-trb]
THE REFEREE TRIED TO BE FAIR, THE JUDGE IN THE FAMILY TRIED TO BE FAIR, THE COURT OF APPEALS SAID YOU CANNOT BE FAIR BECAUSE THE MICHIGAN LEGISLATURE WILL NOT LET YOU...
THE STATUTE IS CLEAR AND SUPERIOR TO A COURT RULE
The statute represented a clear expression of Legislative policy on a substantive matter and the court rule must give way to the statute. Thus, the trial court erred in concluding MCR 2.612©) allowed it to abate defendant's child support arrearage. MCL 552.603(2) allows for the retroactive modification of child support from the date notice was given to the recipient of the support payments of the petition to modify support.
The Waple case talked about above was another case where the minor child lived with the parent who was ordered to pay child support. Why because of a law passed by the Michigan Legislature MCL 552.603. Before this piece of work was passed by the legislature child support could be changed because of a change in circumstances. The payee exercising custody when the judgement said other wise is a change in circumstance to change custody.
THE COURT OF APPEALS SAID THE COURT CANNOT BE FAIR OR EQUITABLE WHEN THE LEGISLATURE SAID THEY CANNOT.
PARTIAL MODIFICATION TO DATE OF FILING MOTION
Defendant was entitled to a partial retroactive modification of child support, effective March 7, 2006. Because it was not clear from the record whether he paid support since then or how much, the case was remanded for a determination of his support arrearage. Reversed and remanded.
The Michigan Court of appeals said the family court, the prosecutor in the juvenile court , the friend of the court has no responsibility to change custody and stop dads child support. We see this every day. It’s the same actors but because dad did not file a $20 motion he cannot get justice.
A DOOR LEFT OPEN
The defendant could pursue a civil remedy from plaintiff for her wrongful acceptance of child support when she did not have custody. Loack of notice of support orders may allow a constitutional due process protection

Sphere: Related Content

Thursday, June 5, 2008

A SAD LOSS

Army major found dead in national cemetery[d]

______________________
GOOD MORNING FLINT!
BY Terry Bankert 6/6/08
You are invited to join me at Face Book http://www.facebook.com/people/Terry_Bankert/645845362 ___________________________
Full article at http://goodmorningflint.blogspot.com/
Flint Talk http://flinttalk.com/viewtopic.php?p=29815#29815 __________________________
BLOGGING FOR MICHIGAN http://bloggingformichigan.com/
Great information from caring people in Michigan USA
__________________________

REFLECTIONS; As our country prepares to realign itself politically we are daily reminded of the two front war with our troops at risk. That risk is physical on the battlefield and emotional later. With respect we express the loss of Major Lance Waldorf.[TRB]

SUICIDE IN THE MILITARY The roll call of Iraq and Afghanistan vets who have committed suicide... continues to grow in an utterly disturbing and rapid manner. [h] We, on the out side of the military hope that there are programs in place for troubled soldiers.[trb] "The war had a great deal to do with this," said Lana Waldorf, about her husband's death. Waldorf said her husband suffered from post-traumatic stress and increasing depression after returning home from serving as a civil affairs specialist in Afghanistan. [d2] "We see a lot of things that are going on in the war which do contribute -- mainly the longtime and multiple deployments away from home, exposure to really terrifying and horrifying things, the easy availability of loaded weapons and a force that's very, very busy right now," said Col. Elspeth Ritchie, psychiatric consultant to the Army surgeon general.[A]

MILITARY SUICIDE IN OAKLAND COUNTY The body of an Oakland County U.S. Army major, an apparent suicide, was found about 2 p.m. Monday by a Great Lakes National Cemetery caretaker.[d] "Anyone coming back from a war where they have seen killing, where they have seen death, where they have feared for their own life, is going to come back with emotional wounds," she told the AP. "Those wounds need to be treated with loving care -- through a church, through the Veterans Administration, through their families. And the government needs to orchestrate this."[h]

A NOTE LEFT Michigan State Police Detective Sgt. Gary Muir said Lance Waldorf, 40, of Bingham Farms, dressed in his military camouflage fatigues, left behind a suicide note and then drove to the 544-acre veteran's cemetery off Belford Road. Waldorf sat down under a tree within view of a lake and ended his life with a self-inflicted gunshot wound, police said. [d] "It is a sad, tragic story," said Muir. "He left behind photos and notes to his wife about what he planned to do but with no explanation for his actions or what prompted them. [d] WHY Lana Waldorf, 51, said her husband of seven years suffered from depression as a symptom of post-traumatic stress disorder. She only learned of it when she found a document on their printer he had prepared for an appointment at a Veterans Administration hospital.[A] "My husband kept all of this from me," she said. "I read it and was stunned because I had no idea what he was going through."[A]

SCHEDULED FOR DEPLOYMENT "He was scheduled for a deployment to Iraq but there was no indication it -- or anything else for that matter -- played a role in his suicide." [d] Family members could not be reached for comment Wednesday. He is survived by a wife and stepson. [d] Waldorf said her husband, who served with the 414th Battalion out of Southfield, never wavered in his support for the military's mission. She said as a civil affairs officer in Afghanistan, he was responsible for rebuilding roads, schools, hospitals, villages and orphanages.[A] "One of his favorite things was when they would visit the orphanage," she said. "Children just clung to the soldiers. They would hold onto their hands for hours."[A]

20 YEAR COMMISSIONED OFFICER Waldorf was a chartered financial consultant with Merrill Lynch's Auburn Hills office and spent 20 years as a commissioned officer in the United States Army and Army Reserve. He returned home in 2007 after having served two tours in Afghanistan as a civil affairs officer coordinating humanitarian assistance and as a diplomat to the Afghan government. Waldorf was awarded the Bronze Star for meritorious service for his accomplishments. [d]

SUICIDE IN THE MILITARY Military officials said last week that Army soldiers committed suicide in 2007 at the highest rate on record. The toll is climbing ever higher this year as long war deployments stretch on.[A] The 115 confirmed suicides among active-duty soldiers and National Guard and Reserve troops who had been activated amounted to a rate of 18.8 per 100,000 troops -- the highest since the Army began keeping records in 1980.[A] The 115 confirmed suicides in 2007 among active-duty soldiers and National Guard and Reserve troops activated amounted to a suicide rate of 18.8 per 100,000 troops, the highest since the Army began documenting such statistics in 1980. And the numbers are growing higher this year with extended deployments.[d2] Visitation for Waldorf will be from 1-4 p.m. and 6-8 p.m. Friday at the McCabe Funeral Home, 31950 W. 12 Mile in Farmington Hills. Services will be 9:30 a.m. Saturday at the NorthRidge Church, 49555 N. Territorial in Plymouth. [d]

MILITARY SHOULD BETTER TREAT THE EMOTIONAL WOUNDS Lana Waldorf believes her husband's depression kept him from aggressively seeking help. She would like the military to institute monthly evaluations for returning soldiers.[A] "Anyone coming back from a war where they have seen killing, where they have seen death, where they have feared for their own life, is going to come back with emotional wounds," she said. "Those wounds need to be treated with loving care -- through a church, through the Veterans Administration, through their families. And the government needs to orchestrate this."[A]

HE SERVED HIS LORD, FAMILY AND COUNTRY "He was a diligent worker and he was a servant of the Lord and always sought to do the right thing," she said. "It is a tremendous loss to my family, to my friends and to my country, and it is a tremendous gain for heaven."[h]
–END

Posted here by Terry Bankert ...
6/03/08 5 Family Mediation and Divorce Practice. http://attorneybankert.com/
Join my political party of preference, http://www.michigandems.com/join.html
Join me in creating a new voice in The Michigan Democratic Party, become a Precinct Delegate. You are invited to join me at Face Book http://www.facebook.com/people/Terry_Bankert/645845362
---
[d] Detroit News http://www.detnews.com/apps/pbcs.dll/article?AID=/20080604/METRO02/806040451/1361
[D2] Detroit News http://www.detnews.com/apps/pbcs.dll/article?AID=/20080605/METRO/806050384/1409
[a] AP http://www.mlive.com/news/index.ssf/2008/06/soldiers_wife_says_husband_cou.html
[h] Huffington Post http://www.huffingtonpost.com/greg-mitchell/another-shocking-vet-suic_b_105255.html
[trb] Comments of Terry Bankert http://attorneybankert.com/
59995
14615

Sphere: Related Content