December 22, 2009ABAJournal.comreports on the privilege afforded to a federal prosecutor whose private e-mail to his own lawyer was sent from a government computer at work.
Martha Neil writes (excerpt):
Because he is allowed to use his work e-mail account for personal communications, assistant U.S. Attorney Jonathan Tukel had a reasonable expectation of privacy in those personal communications, explains […]
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July 3, 2009The New York Times adds a little context to the looming custody issues following Michael Jackson’s death and the apparent change of heart by Debbie Rowe toward 12-year-old Michael Joseph Jackson Jr. and 11-year-old Paris Michael Katherine Jackson, 11. [An unidentified surrogate mother gave birth to 7-year-old Prince Michael Jackson II.]
Jonathan Glater and Liz Robbins […]
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February 2, 2009The United States Supreme Court’s decision in KENNEDY v. PLAN ADMINISTRATOR (January 26, 2009) confirms that ERISA plans must follow ERISA. In footnote 10, the Court revealed what would happen in Michigan: the Plan would pay the former spouse, and the Estate would sue to recover the payment (constructive trust).
Justice Souter delivered the opinion […]
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January 10, 2009The Federal Rules of Evidence will see a new rule addressing the disclosure of attorney-client and work-product information. New Rule 502 helps in those case where there are tremendous efforts to review voluminous documents and where inadvertent disclosure often occur. There is no change in the substantive law of privileges.
AMENDMENT TO THE FEDERAL RULES OF […]
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August 16, 2008The Grand Rapids Press explains why custodial parents in Michigan will be paying the federal government $25 per year from the child support they receive.
Kyla King writes (excerpt):
“The Michigan legislators determined that it would be handled in this way,” she said.
The fee potentially affects about 240,000 cases of the state’s 700,000 cases, Stephen said.
About $16 […]
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August 13, 2008COBRA [Consolidated Omnibus Budget Reconciliation Act of 1985] provides the right for certain employees and their dependents to purchase continuation health care insurance coverage through their employers. The act applies to employers with 20 or more employees, including certain federal employees and State and local governments. See ERISA, 29 USC §§ 1161-1168; IRC § […]
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May 9, 2008The 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 privileged may actually be waiving the attorney-client privilege each time they send or receive email via […]
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February 11, 2008Name 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 road.
Kent County’s website explains the procedure as follows:
Pre-Requisites
Applicant must be a resident […]
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February 7, 2008The 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 argument that MCL 552.9(1) requires plaintiff’s continuing physical presence in Jackson County for the 10 days […]
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January 10, 2008The 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 battle over free speech on the Internet.
Abby Goodnough writes (excerpt):
The husband, William Krasnansky, posted […]
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January 7, 2008The 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 trial court on May 23, 2006. The first order reduced plaintiff’s award of spousal support and
the […]
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January 2, 2008The 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):
. . . Heterosexual couples claim a tax deduction for alimony payments, but that benefit is not available to […]
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December 6, 2007The 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 of abuse during child custody proceeding divorcing parents from being pushed to the center of their […]
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October 12, 2007The 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 Planning
Power of Attorney
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October 9, 2007Proving 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 use the last name “Dumm” at school. Defendant also asserted that officials at Gwyneth’s school told him […]
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August 16, 2007 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, they can reapply for passports.
****
In all, states have reported collecting at least $22.5 million […]
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July 3, 2007In 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 to sole legal custody in favor of the father and modified the mother’s parenting time to […]
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June 5, 2007AP 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 would share details of his work, looking for empathy, advice or merely an open ear,” Rosenfeld […]
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December 10, 2006The 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 order of filiation cannot be entered under the Paternity Act if, under the Acknowledgment of […]
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October 26, 2006The 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 court order adopting the Friend of the Court (FOC) recommendation concerning defendant’s child support obligation. The issue […]
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