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SOURCE is Michigan Court of Appeasls Unpublished 3/21/19.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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