Is your baby mine? and if so why did this guy sign an affidavidit of Parentage?

REVOCATION PATERNITY


In Michigan when deciding who the baby daddy is there is a new sheriff in town.

The Revocation of Paternity Act MCL 722.1437 et.al has changed the rules of this game.

Yes the boy friend biological father of a child conceived now has a chance to  have a court name him "baby daddy". But the husband of a wayward wife during the marriage can say that baby is not mine. Mothers can clear the air by revoking the paternity of a husband or ex husband that has acted as the child father. And for a little less than a year these action can affect the paternity of adults, or any age child. Have you been unfairly label father of a child that is not yours and suffering child support order. Have you been denied fatherhood because you baby’s mother did not bother to divorce. Now is the time for yoy to ask   HTTP://WWW.IsYourBabyMine.COM. Call 235-1970.

The Revocation of Paternity Act uses  the several procedures found in new Michigan law  MCL 722.1431 et al   other Michigan Compiled Laws, Michigan Family Law case law and court rule  to revoke Paternity ,Create. A traditional paternity petition to create an   an order of filiation regarding the new father with optional orders of child custody, child support , parenting time within several domestic actions.

There are several categories of men involved in these  actions. The following types of fathers can challenge another man's paternity of a child . They are Acknowledged, Affiliated, Alleged and Presumed .

An "Acknowledged father"  which means a man who has affirmatively held himself out to be the child's father by executing an acknowledgment of parentage under the acknowledgment of parentage act.That the acknowledged father has held himself out to be the  the child's father by executing and acknowledgement of paternity on or about .


The mother  the acknowledged father, an alleged father, or a prosecuting attorney may file an action for revocation of an acknowledgment of parentage. An action under this section shall be filed within 3 years after the child's birth or within 1 year after the date that the acknowledgment of parentage was signed, whichever is later. The requirement that an action be filed within 3 years after the child's birth or within 1 year after the date the acknowledgment is signed does not apply to an action filed on or before 1 year after the effective date of this act.

That 722.1437 Sec. 7 (2) An action for revocation under this section shall be supported by an affidavit signed by the person filing the action that states facts that constitute 1 of the following:

(a) Mistake of fact.

(b) Newly discovered evidence that by due diligence could not have been found before the acknowledgment was signed.

(c) Fraud.

(d) Misrepresentation or misconduct.

(e) Duress in signing the acknowledgment. If the court in an action for revocation under this section finds that an affidavit under subsection (2) is sufficient, the court shall order blood or tissue typing or DNA identification profiling as required under section 13(5). The person filing the action has the burden of proving, by clear and convincing evidence, that the acknowledged father is not the father of the child.

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MAN ASKS IS YOUR BABY MINE?

LEC.1.REVOCATION OF PATERNITY last update 07/03/12




PATERNITY ORDERS IN MICHIGAN CAN NOW BE REVOKED



Many feel marriage should be honored by all and conception left to the spouses. But what if conception involves others? Father is it time to ask your current ,ex wife , or girlfriend married to another or single “ Is your baby Mine?” . Effective 06/12/2012 Michigan has a law named the Revocation of Paternity Act a Public Act 159 of 2012, found at MCL 722.1431, that l allows you to ask that in a Court of Law . The court can now make changes.



This law will challenge and alter our core understanding of how our society should operate. Other examples are Women's rights, civil rights, voting rights , abortion law, and today the ability of a biological father to alter the husbands presumed fatherhood of a child born or conceived during a marriage by use of MCL 722.1441 et al.



Is this another attack of the sanctity of marriage or a long awaited justice for biological father?



This new Law changes more that the biological alleged fathers rights. Now a married man can challenge the paternity of a child conceived or born during his marriage to mother without litigating it in a divorce.



This new law allows the fatherhood of a man who signed an acknowledgement of paternity to be revoked.



This new Michigan Law allows the paternity to be decided and court orders and judgements , acknowledgements, determinations and judgements of divorce concerning paternity to be set aside.



The new law for one year from 06/12/2012 allows these paternity challenges to any child adult or minor. After this date they are limited to one year from acknowledgement of paternity or until the child is 3 years of age.



In the name of justice the legislature has destabilized the security of a child knowing who their father is and the permanence of that relationship.



The Courts must move cautiously and in strict compliance to the new law and the other laws used to establish child custody and the best interest of the child.



There are several types of fact situations that are addressed in sections of the new law. Some follow.



MCL 722.1437.

The mother, the man who signed the acknowledgement of paternity and the man who thinks he might be the father act together to revoke and affidavit of parentage.



MCl 722.1439

If a man is was determined in court ,because he missed the court session ,to be the father of a child this man ,the mother or the man that thinks he is the father may file with the court a motion to set aside this court order. If this effort fails the moving party could be charged with attorney fees.



722.1441

A Court can now determine that a child born during a marriage was in fact born out of wedlock and is not the child of the husband. This action can be started by; the mother for a finding the child is not her husbands; by the husband to determine that the child born or conceived during their marriage to a current or ex wife is not his; by a boy friend of a married woman for a determination that a child born in the marriage is in fact his; and by the Michigan Department of Human Services.



722.1443

The court may now disrupt the adult or minor child's stability in knowing their father by revoking paternity, setting aside orders of filiation or paternity, setting aside judgement of divorce and other judgements to determine the child was born out of wedlock.



For one year from the effective date of the new law 06/12/12 the child can be any age. Later in most cases the child will have to be three years of age or less.



I will discuss this in more detail in our next article. If you have questions contact Terry Bankert 1000 Beach ST Flint MI 810-235-1970 or http://attorneybankert.com

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TAX CONSEQUENCE OF SPOUSAL SUPPORT

FYI-Flint Divorce Bankruptcy Attorney Terry R. Bankert 235-1970, www.attorneybankert.com  asks DID YOU KNOW?.From Creative Tax and Financial Planning to Settle the Challenging Divorce Case Joseph W. Cunningham Joseph W. Cunningham JD CPA PC Troy

I. Use of 71 Payments to Advantage

A. What are Section 71 payments?

1. They are essentially another name for alimony, or spousal support, payments
that qualify as taxable to the payee under IRC Section 71 and deductible by
the payer under IRC Section 215.

2. Because Section 71 payments can be used to considerable advantage in
structuring divorce settlements it is important for family law practitioners to
have a working knowledge of the rules to avoid missteps and to effectively
use Section 71 payments to save taxes and facilitate settlements.

B. What are the requirements to qualify under IRC 71?

1. Cash—Payments are in cash. Services, property, or the use of property do
not qualify.

2. Receipt—Payments are received by the payee spouse or constructively
received by a third party for the spouse’s benefit pursuant to a divorce or
separation instrument.

3. Pursuant to Qualifying Divorce Document—Payments are made pursuant
to a “divorce or separation instrument”—a judgment of divorce or separate
maintenance; a settlement agreement, incident to such a judgment; a written
separation agreement; or, a temporary support order.

4. Termination on Payee’s Death—The payer’s obligation to make the payments
terminates if the payee dies, and the payer has no obligation to make
any payment as a substitute after the payee’s death.

5. No Disqualifying Designation—The payments are expressly designated as
nontaxable/nondeductible.

6. Living Apart—The parties do not reside in the same household when the
payment is made. An exception applies if one party is preparing to leave the
home and does depart within one month of the payment date. The “not living
under the same roof” provision does not apply to temporary support payments
made pursuant to a court order or written separation agreement during
the pendency of a divorce.

7. No Joint return—If the divorce is still pending, the parties do not file a
joint return.

8. Not Child Support—The payments are not for child support.

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