Westland MI Family Law Blog

Michigan bankruptcy law: Calculating a Chapter 13 payment amount

On behalf of The Smith Law Offices, P.C. posted in bankruptcy law on Thursday, January 17, 2019.

Michigan residents who do not qualify for a Chapter 7 bankruptcy but who would still like to benefit from a bankruptcy filing may pursue a Chapter 13. Like Chapter 7, unsecured debts can be discharged with an approved Chapter 13 petition. The big difference is that with Chapter 13 bankruptcy law, filers are required to make payments to creditors for a set period of time before debt discharge will happen.

Knowing that there is a repayment schedule involved with this type of bankruptcy may be off-putting to some. They are afraid that it will not be affordable for them. Here is the thing -- the terms of the repayment plan have to fit within one's current budget. A bankruptcy court is not going to approve repayment terms that one has no way of sticking to. That totally defeats the purpose of seeking bankruptcy protection under Chapter 13.

Michigan family law: Mental health can affect child custody

On behalf of The Smith Law Offices, P.C. posted in Family Law on Thursday, January 10, 2019.

Millions of Americans suffer from some level of mental illness. With treatment, it is possible for many of them to live relatively normal lives. One fear that some individuals struggling with mental health issues have is losing custody of their children if their marriages fall apart. Thankfully, whether they live in Michigan or elsewhere, family law courts will not deny custody simply based on a history of mental illness.

There are various mental illnesses that can be controlled with medication and therapy. Unfortunately, quite a few people try to avoid seeking treatment, as they believe that asking for help will give the state or their soon-to-be exes the right to refuse to give them any level of custody of their children. According to a report, parents with mental illness do have a greater chance of losing custody of their children, but that does not mean it happens in every case. Seeking help for any mental health issues is strongly advised.

Even if you don't drink, you can face impaired driving charges

On behalf of The Smith Law Offices, P.C. on Saturday, January 5, 2019.

If you believe that you are immune from impaired driving charges because you don't consume alcohol, you are sadly mistaken. Individuals who use street drugs, as well as those who take any number of prescription or over-the-counter medications, can also wind up facing impaired driving charges under Michigan law.

Everyone on the road should understand the law regarding chemical impairment. Any substance that could have a negative impact on how well you handle your vehicle or how quickly you can respond to sudden changes in traffic is likely illegal to consume before driving. After all, driving means controlling a vehicle that weighs thousands of pounds. You can do extensive property damage or kill other people if you make a mistake.

Bankruptcy law may help those living paycheck to paycheck

On behalf of The Smith Law Offices, P.C. posted in bankruptcy law on Thursday, January 3, 2019.

Living paycheck to paycheck is something that many Michigan residents from all different career backgrounds do. If any unexpected expenses arise, it can put them in a hole from which they may struggle to get out of. When that happens, bankruptcy law benefits may work in their favor.

According to a recent news article, many baby boomers, Gen Xers and millennials are struggling financially. Getting money into savings just seems impossible. According to the Federal Reserve, it is believed that four in 10 adults would not be able to cover an emergency that cost $400 or more. Every dollar of every paycheck is spent to cover living expenses, child care expenses and loans -- among other things.

Michigan divorce law: New year, new life

On behalf of The Smith Law Offices, P.C. posted in divorce law on Monday, December 24, 2018.

The hustle and bustle of the holidays tend to keep people busy and focused on what is good in their lives. When Jan. 1 rolls around, the stark reality of their situations is brought back into focus. This is why in Michigan and elsewhere, divorce law attorneys and courts see an increase in divorce filings in January.

At the beginning of the new year, most people are looking to make changes in their lives. They want to do something that they think will improve things for themselves and often their families. Sometimes, divorce is the answer and that is okay. When a marriage is not working, getting out of it is nothing to be ashamed of.

Bankruptcy law and other options for getting out of debt

On behalf of The Smith Law Offices, P.C. posted in bankruptcy law on Thursday, December 20, 2018.

When drowning in debt, one's financial situation can feel hopeless. There are things that Michigan residents can do to turn this type of situation around. It is just a matter of taking stock of where one is at and then choosing the option -- whether that involves utilizing bankruptcy law or other debt relief tactics -- that would be of most benefit.

Before tackling debt, it is necessary to gain a better picture of just how bad the situation is. Some people have more debt than they think they do, and it may be in a number of forms. Write it all down, figure out what needs to be paid first and go from there.

Michigan bankruptcy law: Credit card debt out of control?

On behalf of The Smith Law Offices, P.C. posted in bankruptcy law on Thursday, December 13, 2018.

Numerous Michigan residents have credit card debt, and many of them are struggling to pay it down. This is not just a Michigan problem; it is actually a nationwide problem. Those whose credit card debt is out of control may turn to bankruptcy law for relief.

How bad is the credit card crisis? According to a recent news report, American consumers owe over $974 billion to credit card companies. The average household is carrying over $8,200 in credit card debt. It is a lot, especially when one considers all the interest these individuals pay over the years for carrying the debt.

Michigan divorce law: Divorced but still living together

On behalf of The Smith Law Offices, P.C. posted in divorce law on Sunday, December 9, 2018.

Many Michigan residents who have been through the divorce process still find themselves living with their exes. This may be because they have children they both wish to continue living with or because of the financial inability to move out of the shared home. No matter the reason, it is a living arrangement that can work, but there are some details that need to be figured out first. A divorce law attorney can help with that.

Continuing to share a residence after divorce can leave room for financial questions. For instance, child support or alimony, should either party have to pay it? A former couple may still choose to live together, but their finances should be separated. In Michigan, paying child support or alimony may be required -- it doesn't matter if a former couple still resides in the same residence. This type of living arrangement just may change how much the paying spouse has to provide each month.

More marital assets can mean issues in Michigan asset division

On behalf of The Smith Law Offices, P.C. on Friday, December 7, 2018.

Most people have heard the phrase "more money, more problems." That particular aphorism often proves true in contentious divorces. The more assets a couple accumulates over the course of their marriage, the more likely they are to fight over those assets in a divorce.

In fact, couples with significant assets may engage in acrimonious fighting in a divorce. Some people may even go so far as to engage in behaviors they know are illegal in order to limit how much of the marital estate goes to their spouse because Michigan tends to split up assets equitably in a divorce.

Michigan bankruptcy law: Debt around the holidays

On behalf of The Smith Law Offices, P.C. posted in bankruptcy law on Friday, November 30, 2018.

The holiday season is here. For some Michigan residents, this means added financial stress. Numerous individuals go further into debt around the holidays by charging gifts and hoping to pay off their credit card bills eventually. Unfortunately, some find that extremely difficult to do, thanks to their already tight economic situations. A bankruptcy law attorney may be able to help such individuals achieve the debt relief they desire.

According to a recent report, roughly 28 percent of consumers have still not paid off their credit card balances from holiday spending in 2017. Yet, it is expected that the average credit card holder is going to spend nearly $800 on gifts this year, regardless of their financial situations. With high interest rates, continuing to add to credit card debt will only make paying it off more difficult in the long run.