The ABA Litigation News Online reveals a problem with using your employer-provided email address. Your email–even to your attorney–may not be private, confidential or protected. Ruth E. Piller writes (excerpt): Employees who believe their email communications with their attorneys are…
Seeking a name change after your divorce?
Name changes at the time of divorce are very simple in Michigan. An additional provision in the judgment of divorce is all it takes. It’s a little more involved when you decide to seek a name change years down the…
Potpourri: Michigan divorces with minor children
The Michigan Court of Appeals is publishing Berger v. Berger (Case No. 279025; January 31, 2008). The court addressed a number of legal issues surrounding divorces with children: 10-day residency requirement of MCL 552.9(1) We do not agree with defendant’s…
Harassment in divorce case versus free speech under First Amendment
The New York Times reports on the Vermont divorce court handling Garrido v. Krasnansky. The court ordered the husband to stop posting blog items about his wife and their crumbled marriage, possibly turning an ordinary divorce into a much broader…
No modification of QDRO, hearing before modifying spousal suppport (alimony), and adoption subsidy is for the minor child
The Michigan Court of Appeals is publishing its decision in Thornton v. Thronton (January 3, 2008, Case No. 270931). The per curiam decision held (excerpt): In this domestic relations action, plaintiff appeals by leave granted two orders signed by the…
When same-sex couples divorce
The Washington Post describes how divorces of same-sex marriages challenge the legal framework for divorce, including issues related to jurisdiction and venue, child custody, parenting time, alimony (spousal support), property division, retirement and taxation. Dafna Linzer writes (excerpt): . .…
Being in middle of “constant push and pull” between parents is worse than testifying against one parent?
The Michigan Court of Appeals is publishing Surman v Surman (Case No. 276615, 12/4/2007), which addresses children as witnesses (excerpt): While courts should seek to avoid, trial court may call child to testify in court about his or her allegations…
For more information on Social Security & retirement (divorce or not)
The Social Security Administration presents answers to your questions about Social Security and retirement. In addition, Nolo has information on Social Security and retirement, including: Retirement Plans Enjoying Retirement Medicare, Medicaid, Medigap and Managed Care Long-Term Care Wills & Estate…
Selected 2006-2007 published Michigan family law decisions
Proving best interests for change in custody Dumm v. Brodbeck, Mich.App., July 19, 2007: Defendant failed to establish by clear and convincing evidence that a change in custody was in Gwyneth’s best interest. Defendant alleged that plaintiff forced Gwyneth to…
Deadbeats and dead plans
The AP/New York Times reports on how some parents fail to fully plan their vacations (excerpt): The State Department denies passports to noncustodial parents who owe more than $2,500 in child support. Once the parents make good on their debts,…
Failing to make things better
In two recent decisions by the Michigan Court of Appeals, the trial court’s findings of continued troublemaking by one parent led to changes and restrictions on that parent’s custodial and parenting rights. Roodvoets v. Royce: The trial court changed custody…
$184 million for you, $184 million for me
AP and CNNnotes the Chicago judgment awarding one of the biggest divorce verdicts in U.S. history. Maya Polsky was awarded $184 million in her divorce from Michael Polsky. The AP writes (excerpt): “They would walk together after dinners, and Michael…
Trumping Paternity Act
The Michigan Court of Appeals is publishing Sinicropi v. Mazurek (Case No. No. 268000, December 7, 2006). The court held that an acknowledgement of paternity precludes entry of an order of filiation. Judge Murphy writes (excerpt): We hold that an…
Tax-free income
The Michigan Court of Appeals published Peterson v Peterson (October 24, 2006, Case No. 260591), holding that for child support purposes, depreciation is income without an offsetting tax adjustment. Judge Murphy writes (excerpt): Plaintiff appeals by leave granted the trial…
“Roe v. Wade for Men” loses frivolous suit
The AP reports on U.S. District Judge David Lawson’s dismissal of the lawsuit filed to declare Matthew Dubay’s child support obligation to Lauren Wells, his ex-girlfriend, unconstitutional (excerpt): But Lawson disagreed and rejected Dubay’s argument that Michigan’s paternity law violates…
Don’t send, don’t read?
The ABA Litigation Section updates us on developments related to disclosure of privileged materials. Michael Yablonski writes (excerpt): With little fanfare, the ABA has withdrawn a controversial 1992 ethics opinion requiring a lawyer who inadvertently receives privileged material from an…
Waiver by signing judgment
The Michigan Supreme Court issued its decision in Sweebe v Sweebe (April 26, 2006, Docket No(s) 126913), holding that life insurance benefits can be waived by signing a judgment of divorce. Justice Cavanagh wrote: The issue in this case is…
Confronting the confrontation clause
Cornell Law School is previewing Monday’s Supreme Court arguments concerning 911 calls/statements at the scene and domestic violence, in the wake of Crawford v. Washington, 541 U.S. 36. Davis v. Washington (05-5224): The trial judge allowed into evidence a 911…
Distinct dates
The Michigan Supreme Court issued its per curiam opinion in People v. Monaco (Case No. 126852, 2/1/2006). All seven justices agreed that the statute of limitations for felony non-support is the six year “catch-all” period in MCL 767.24(5). The justices…
Grandparenting after Troxel
The ABA e-Journal explains how grandparenting time laws have fared after the United States Supreme Court’s decision in Troxel. Geri L. Dreiling writes (excerpt): According to Washburn University law professor Linda Elrod, who is also the editor of the Family…