Westland MI Family Law Blog

Can Chapter 13 bankruptcy law help me?

On behalf of The Smith Law Offices, P.C. posted in bankruptcy law on Friday, August 17, 2018.

Numerous Michigan residents are dealing with monetary struggles. Financial troubles can bring a lot of stress to one's life. When it all becomes too much, it is okay to seek debt relief. Chapter 13 bankruptcy law is one option available to those who qualify.

Chapter 13 bankruptcy is open to just about anyone who makes more than the state median income and has qualifying debts. In other words, it is an option for individuals who have money coming in, just not enough to keep up with their monthly debt obligations. They would benefit from having their debts restructured so that their payments fit within their current budgets.

Michigan family law: Paying child support when on disability

On behalf of The Smith Law Offices, P.C. posted in Family Law on Friday, August 10, 2018.

There are many reasons why Michigan residents may end up on disability. Without it, they may not have any other sources of income. While disability payments may not amount to a whole lot, it is still income, and if one is ordered to pay child support by a family law court, one may have to utilize this benefit in order to meet his or her child support obligation. Here are a few facts regarding disability and child support.

First and foremost, being placed on disability does not mean that a person's responsibility to pay financial support for one's children ends. If a person's disability income is less than his or her previous income, it may be possible to seek a child support modification so that one's monthly obligation is affordable. Any arears will still be expected to be paid in full; that amount is not adjustable.

5 tips for telling your spouse it is time for a divorce

On behalf of The Smith Law Offices, P.C. on Friday, August 10, 2018.

Divorce started to creep into your mind a year ago. The marriage is not what you hoped. You feel like it is time to end things.

That said, you want to stay on relatively good terms. You feel fairly certain that your spouse hasn't considered divorce yet. You worry that they will be angry, heartbroken or otherwise emotional during this process. How can you bring it up to make things go as smoothly as possible?

Michigan bankruptcy law: Scams, abusive creditors and no money

On behalf of The Smith Law Offices, P.C. posted in bankruptcy law on Friday, August 3, 2018.

Michigan is a beautiful state, one that most of its residents are proud to live in. It is not without its faults, though. It can be expensive to live here and many residents may find themselves dealing with money troubles. Their troubles are not helped by scams and abusive collection tactics from creditors. Thankfully, bankruptcy law or other debt relief options may help some individuals gain control over their economic situations.

The phrase, "if it sounds too good to be true, it probably is," fits perfectly when talking about creditors. To help with their financial situations, numerous individuals are turning to personal loans and payday lenders just to get by. Unfortunately, in doing so, they have found themselves owing far more than they originally did and in worse financial situations. With no money, they then find themselves warding off creditors who just want to get paid. The stress this can add to a person's life can seem unbearable.

Michigan divorce law: When she makes more than he

On behalf of The Smith Law Offices, P.C. posted in divorce law on Thursday, July 26, 2018.

Currently, more women in Michigan and elsewhere are the breadwinners in their homes compared to years past. While this may not be the standard, the results of a recent survey show that it is the case for 25 percent of all couples. When she makes more than he and they want a divorce, she may be the one that has to pay spousal and child support. A divorce law attorney can help either party achieve a divorce settlement that is fair.

A study out of the Pew Research Center claims that, in the last three decades, the number of women making more money than their spouses has increased 6 percent. That may not seem like a lot, but it is and it is expected to continue rising. While this is a good thing in many ways, it is also the cause of some marital problems.

Michigan family law: Cop in trouble for lying in family court

On behalf of The Smith Law Offices, P.C. posted in Family Law on Thursday, July 19, 2018.

A police officer in another state has found himself in trouble with the law for allegedly lying in family court to get a better child support deal for himself. It would have worked had it not been discovered while he was being investigated for another issue. Michigan residents dealing with certain family law issues may be tempted to lie to help their cases, but this man's case is proof that it is just not worth it.

According to a recent news report, years ago, a father was ordered to pay child support to his ex. In 2013, this individual filed income statements with the court showing he had experienced a reduction in income and was granted a support order that resulted in him paying a little over $15,000 less in child support. As support orders are primarily income based, this did not seem to be anything out of the ordinary.

Do not wait too long to take advantage of bankruptcy law benefits

On behalf of The Smith Law Offices, P.C. posted in bankruptcy law on Sunday, July 15, 2018.

When struggling financially, it can be difficult to ask for help. There is a certain level of shame associated with it for some reason. Some Michigan residents may view it as a personal failure. In reality, there is no shame in seeking financial assistance when it is needed. In fact, seeking help sooner rather than later is strongly advised, especially if one is considering utilizing bankruptcy law for its benefits and protections.

When it comes to filing bankruptcy, it is the last resort for most people. They put it off until they just cannot anymore. The months or years of putting off a bankruptcy filing can be a stressful time. Is it worth putting oneself through such misery just because he or she does not want to file for bankruptcy?

Always mind what you say to police

On behalf of The Smith Law Offices, P.C. on Friday, July 13, 2018.

Any interaction with police, no matter how casual, may produce evidence against you. It is very important to understand this whenever you speak with police to help you watch what you say and avoid potentially life-altering consequences.

While not all police are attempting to charge with a person with a crime in every interaction, anything that you say to an officer may count against you as evidence, whether you are under official questioning, under arrest, or just a traffic or street stop. Keeping this in mind, you can more easily navigate your conversations with police and know when to keep your mouth shut (spoiler: It's most of the time).

Michigan family law: Want to relocate with your kids?

On behalf of The Smith Law Offices, P.C. posted in Family Law on Friday, July 6, 2018.

You are either in the process of getting divorced or you already have. You are either working out a custody arrangement or you already have one in place. Whether you are in the throes of divorce or you are already done, if you find that you need to relocate and want to take your children with you, getting approval to do so may not be as easy as you think. Michigan family law for child custody matters is written in a way that makes it very difficult for one parent to take the children and move too far from the other parent.

The need to relocate happens. People get new jobs, they require family support, they enter new relationships or they experience hardships. Life is unpredictable. There is nothing wrong with relocating, but when a joint custody arrangement is wanted or already on the table, how a relocation affects that matters.

Michigan divorce law: Why get divorced by the end of 2018?

On behalf of The Smith Law Offices, P.C. posted in divorce law on Friday, June 29, 2018.

Rushing into a divorce is not something most attorneys would advise. It is a significant decision, one that will affect one's life and one's children -- if applicable -- forever. That being said, Michigan residents who have been considering ending their marriages, could benefit from finalizing their divorces by the end of 2018. Changes to tax and divorce law are set to go into effect in Jan. 2019.

One change that is coming affects alimony. Under current laws, those individuals who pay alimony can deduct it from their taxable income, and those receiving it have to pay taxes on it. Under the new law, alimony will neither be deductible or taxable. This may sound good for the receiving spouse, but it could actually result in one being paid less than they would get under the current law.