PREDATORY STUDENT LOAN Retired & Cosigned defaulting grand child college. Losing house 15% social security.WHAT 2 DO! http://t.co/Awm25tBv -- Terry Ray Bankert (@terrybankert)
Thursday, September 13, 2012
Thursday, June 21, 2012
QDRO AND EDRO TO COLLECT CHILD/SPOUSAL SUPPORT IN FLINT DIVORCE
FYI-Flint Divorce Bankruptcy Attorney Terry R. Bankert 235-1970, www.attorneybankert.com asks DID YOU KNOW?.From Creative Tax and Financial Tips for the Low Asset/Underwater Case By Mary V. Ade, Stout Risius Ross, Southfieldningham JD CPA PC Troy
- To Collect Child Support or Spousal Support ArrearagesQDROs and EDROs can also be used to satisfy child support or spousal arrearages post divorce.Most defined contribution plans can be accessed to secure a lump sum to cover either child support or spousal support arrearages. Because child support is not taxable to the custodial parent, a QDRO to secure child support payments should clearly state that the distribution is for purposes of child support arrearages and the distribution is to be taxable to the plan Participant. Some plans require that the child be named as the Alternate Payee. Because spousal support payments are taxable to the recipient, the ex-spouse should be named as the Alternate Payee and pay taxes on the distributions.
- Subsequent QDROs can be filed if additional arrearages accrue in the future!
- Caveat—Plan administrators are required to withhold 10% of the distributions for federal income tax purposes when the child is named as the alternate Payee.
- Defined Benefit plans generally do not allow lump sum distributions, and usually are not accessible until the participant reaches retirement age as defined in the plan. However, if the participant is in pay status, a portion of each monthly payment can be assigned to pay either child support or spousal support.
Sunday, March 4, 2012
FLINT DIVORCE, DIVORCE LAWYER 235-1970 TERRY BANKERT.
When you filing for divorce it is an emotional time or a relief.
http://attorneybankert.com
DID YOU KNOW-Temporary orders. §1.23.
May be entered at any time on the filing of a verified motion, after a hearing.
Must state effective date and whether it may be modified retroactively. The order remains in effect until modified or a final judgment or order is entered.
Your divorce papers in Michigan are filed with the Family Division of Your County Circuit Court,
http://terrybankert.blogspot.com
DID YOU KNOW-Domestic relations referee hearings; judicial review. §1.26.
The domestic relations referee must schedule a hearing within 14 days of receipt of the motion and must notify the parties’ attorneys or unrepresented parties. The notice must clearly state that the matter will be heard by a referee.
Within 21 days after the hearing, the domestic relations referee must make a statement of findings on the record or must submit a written report to the court, including findings and a summary of the testimony. A recommended order must also be submitted and served on the attorneys or unrepresented parties, and proof of service must be filed with the court.
A party has the right to judicial review of any matter that was the subject of a referee hearing and resulted in a statement of findings and a recommended order. The party must file and serve written objection and notice of a hearing on the parties or their attorneys within 21 days after the domestic relations referee’s recommended order was served.
If no such objections are filed, and the court approves, the domestic relations referee’s recommended order takes effect.
A judicial hearing must be held within 21 days after an objection is filed, unless the court extends the time for good cause.
I have bee a divorce lawyer in Michigan since 1994.
http://dumpmycreditors.wordpress.com
DID YOU KNOW-Pretrial conferences. §§1.27–1.32.
The court at any time may require the parties’ attorneys to appear for a pretrial conference; more than one may be held. MCR 2.401 lists issues that may or should be considered at an early scheduling conference, in a scheduling order, or at a pretrial conference; see §§1.28–1.30.
Scheduling orders should be done after consultation with counsel. If this is not possible, the parties may file a written request for amendment within 14 days after entry of the order. Within 14 days after receiving the request, the court must schedule a new conference, enter a new order, or notify the parties in writing that it declines to amend the order.
Mediation; arbitration.
My office also provides divorce mediation in Michigan
http://goodmorningflint.blogspot.com
Mediation; arbitration.
Friend of the Court mediation. §1.33.
Must be provided for custody and parenting time disputes; optional use by the parties.
Court rule mediation. §§1.34–1.38.
The court may refer any contested issue to mediation, but parties who are subject to personal protection orders or who are involved in child abuse or neglect proceedings may not be referred to mediation without a hearing.
Referral to mediation—by stipulation, a party’s written motion, or the court’s own motion.
Objection to mediation—within 14 days after notice of an order assigning the matter to mediation, by motion and notice of a hearing. The motion must be heard within 14 days unless the court orders otherwise, but it must be heard before the case is submitted to mediation.
Private mediation. §1.39.
On the parties’ stipulation, the court may order private mediation.
Arbitration. §§1.40–1.41.
The parties may agree in writing to resolve property, custody, and child support issues. Having agreed, the parties are bound by the decision. The court may vacate the award if
Michigan divorce laws can be found inj your counties public library, book stores or on line.With as important as your family is in your life you should consult with a Family Law attorney before you file.
http://occupyflintlegal.wordpress.com
DID YOU KNOW-Procedure for entering divorce judgments. §§1.44–1.53.
No divorce judgment may be entered without a hearing in open court at which proofs are taken. The testimony of at least one party must establish the statutory grounds and jurisdiction.
No proofs or testimony can be taken until 60 days after the complaint is filed, or 6 months if there are minor children. The court may not shorten the 60-day period, but may reduce the 6-month period to as few as 60 days if there is “unusual hardship or compelling necessity.”
The parties may preserve testimony during the waiting period.
As in other areas the divorce laws Michigan change constantly
http://yoursocialmediasolution.com
If we can help yopu with any other question concerning divorce, child custody or parenting time call 1-810-235-1970 of contact http://www.attorneybankert.com
http://attorneybankert.com
DID YOU KNOW-Temporary orders. §1.23.
May be entered at any time on the filing of a verified motion, after a hearing.
Must state effective date and whether it may be modified retroactively. The order remains in effect until modified or a final judgment or order is entered.
Your divorce papers in Michigan are filed with the Family Division of Your County Circuit Court,
http://terrybankert.blogspot.com
DID YOU KNOW-Domestic relations referee hearings; judicial review. §1.26.
The domestic relations referee must schedule a hearing within 14 days of receipt of the motion and must notify the parties’ attorneys or unrepresented parties. The notice must clearly state that the matter will be heard by a referee.
Within 21 days after the hearing, the domestic relations referee must make a statement of findings on the record or must submit a written report to the court, including findings and a summary of the testimony. A recommended order must also be submitted and served on the attorneys or unrepresented parties, and proof of service must be filed with the court.
A party has the right to judicial review of any matter that was the subject of a referee hearing and resulted in a statement of findings and a recommended order. The party must file and serve written objection and notice of a hearing on the parties or their attorneys within 21 days after the domestic relations referee’s recommended order was served.
If no such objections are filed, and the court approves, the domestic relations referee’s recommended order takes effect.
A judicial hearing must be held within 21 days after an objection is filed, unless the court extends the time for good cause.
I have bee a divorce lawyer in Michigan since 1994.
http://dumpmycreditors.wordpress.com
DID YOU KNOW-Pretrial conferences. §§1.27–1.32.
The court at any time may require the parties’ attorneys to appear for a pretrial conference; more than one may be held. MCR 2.401 lists issues that may or should be considered at an early scheduling conference, in a scheduling order, or at a pretrial conference; see §§1.28–1.30.
Scheduling orders should be done after consultation with counsel. If this is not possible, the parties may file a written request for amendment within 14 days after entry of the order. Within 14 days after receiving the request, the court must schedule a new conference, enter a new order, or notify the parties in writing that it declines to amend the order.
Mediation; arbitration.
My office also provides divorce mediation in Michigan
http://goodmorningflint.blogspot.com
Mediation; arbitration.
Friend of the Court mediation. §1.33.
Must be provided for custody and parenting time disputes; optional use by the parties.
Court rule mediation. §§1.34–1.38.
The court may refer any contested issue to mediation, but parties who are subject to personal protection orders or who are involved in child abuse or neglect proceedings may not be referred to mediation without a hearing.
Referral to mediation—by stipulation, a party’s written motion, or the court’s own motion.
Objection to mediation—within 14 days after notice of an order assigning the matter to mediation, by motion and notice of a hearing. The motion must be heard within 14 days unless the court orders otherwise, but it must be heard before the case is submitted to mediation.
Private mediation. §1.39.
On the parties’ stipulation, the court may order private mediation.
Arbitration. §§1.40–1.41.
The parties may agree in writing to resolve property, custody, and child support issues. Having agreed, the parties are bound by the decision. The court may vacate the award if
- the award was procured by corruption, fraud, or other undue means
- there was evident partiality by an arbitrator appointed as a neutral, corruption of an arbitrator, or misconduct prejudicing a party’s rights
- the arbitrator exceeded his or her powers
- the arbitrator refused to postpone the hearing on a showing of sufficient cause, refused to hear evidence material to the controversy, or otherwise conducted the hearing to substantially prejudice a party’s rights
Michigan divorce laws can be found inj your counties public library, book stores or on line.With as important as your family is in your life you should consult with a Family Law attorney before you file.
http://occupyflintlegal.wordpress.com
DID YOU KNOW-Procedure for entering divorce judgments. §§1.44–1.53.
No divorce judgment may be entered without a hearing in open court at which proofs are taken. The testimony of at least one party must establish the statutory grounds and jurisdiction.
No proofs or testimony can be taken until 60 days after the complaint is filed, or 6 months if there are minor children. The court may not shorten the 60-day period, but may reduce the 6-month period to as few as 60 days if there is “unusual hardship or compelling necessity.”
The parties may preserve testimony during the waiting period.
As in other areas the divorce laws Michigan change constantly
http://yoursocialmediasolution.com
If we can help yopu with any other question concerning divorce, child custody or parenting time call 1-810-235-1970 of contact http://www.attorneybankert.com
Wednesday, December 28, 2011
In your Divorce and often the Bankruptcy what is exempt from creditors. 235-1970
Exemptions
1. Federal Exemptions
Exempt property is property of the bankruptcy estate that the debtor can keep to implement the fresh start policies of the Bankruptcy Code and that is protected from distribution to creditors. However, certain types of claims, such as nondischargeable tax claims and DSOs, can be recovered even from exempt property.
Posted here by Flint Bankruptcy Attorney Terry Bankert 235-1970. See Http://www.attorneybankert.com
The Bankruptcy Code allows a debtor to choose between the standardized federal exemption scheme found in the Bankruptcy Code and the exemption schemes found in each state’s specific statutes. Exemptions allow debtors to exclude various types of property from the bankruptcy estate—essentially, the property is “brought in” by 11 USC 541 and then taken back out once the exemption is deemed allowed. Under the Bankruptcy Code, as of April 20, 2010, each individual debtor may take the following exemptions:
- homestead (up to $21,625)
- motor vehicle (up to $3,450)
- household furnishings (up to $11,525)
- jewelry (up to $1,450)
- “wild card”—$1,075 plus up to $10,825 of any unused homestead exemption—this may be applied to anything
- tools of the trade (up to $2,175)
- unmatured life insurance contract
- dividends from unmatured life insurance (up to $11,525)
- health aids
- right to receive Social Security benefit; veterans benefit; disability benefit; alimony or support; and payment under a stock, bonus, pension, profitsharing, or similar plan
- right to receive an award or payment related to reparations for a crime, wrongful death, a life insurance contract, personal bodily injury, or loss of future earnings
- retirement funds
Michigan Family Law ch 17 (Hon. Marilyn J. Kelly et al eds, ICLE 7th ed 2011), at
http://www.icle.org/modules/books/chapter.aspx/?lib=family&book=2011553510&chapter=17
(last updated 12/16/2011).
Sunday, October 9, 2011
DIVORCE AND BANKRUPTCY IN FLINT, 235-1970
NEED ATTORNEY IN FLINT FOR BANKRUPTCY? CALL BANKRUPTCY LAWYER TERRY BANKERT 810- 235-1970
DID YOU KNOW-11 USC 707 authorizes the dismissal or conversion of a Chapter 7 case under certain circumstances. In general, a case may be dismissed or converted for cause under 11 USC 707(a), which may include failure to file documents in a timely manner, undue delay that is prejudicial to creditors, failure to pay statutory fees, or for abuse. See In re Zick, 931 F2d 1124 (6th Cir 1991). A bankruptcy court may also dismiss a bankruptcy case under 11 USC 707(b) if the case would be “an abuse of the provisions” of Chapter 7 and if the debtor’s obligations are primarily consumer debts.
The Bankruptcy Code contains an elaborate formula to determine whether a case is presumptively abusive, brought in by the Bankruptcy Reform Act of 2005, called the means test. 11 USC 707(b). The test is applied only if the debtor’s current monthly income, as defined in 11 USC 101, is above the safe harbor provision set forth in 11 USC 707(b)(7). If it is, the debtor must perform a complicated set of calculations to determine whether the debtor’s income, minus certain standardized expense deductions, is above a certain threshold. If so, the case is presumed to be an abuse. However, if the debtor’s income is less than the median income for a family the size of the debtor’s, the debtor meets the safe harbor provision and does not need to perform the means test calculations. Similarly, if the debtor’s debts are primarily business debts, the debtor need not perform the means test calculations. This test is designed to keep filers with higher incomes from filing Chapter 7 and instead force them into Chapter 13. The idea was to restrict access to Chapter 7 liquidations to those who are truly unable to pay their debts and to require people who have the ability to repay their debts to do so.
11 USC 707(b)(3) may be used to dismiss a case even if a debtor is found to be eligible for relief under 11 USC 707(b)(2)—the means test. In essence, if the court believes that it would be an abuse of the Bankruptcy Code to grant the debtor relief under Chapter 7, it may deny such relief under this provision.
For help-Flint DIvorce Family Law Attorney / Lawyer 810-235-1970
http://flintdivorce.wordpress.com/
Michigan Family Law ch 17 (Hon. Marilyn J. Kelly et al eds, ICLE 7th ed 2011), at http://www.icle.org/modules/books/chapter.aspx/?lib=family&book=2011553510&chapter=17 (last updated 09/30/2011
Monday, July 11, 2011
MICHIGAN COMPLAINT FOR DIVORCE ,Flint Divorce AttorneyTerry Bankert 810-235-1970
PREARING A MICHIGAN COMPLAINT FOR DIVORCE 07/11/1
Flint Divorce Lawyer Terry Bankert Prepared this post to work in conjuncatioin with; (1) his face book group Terry R. Bankert P.C. Family Law and Bankruptcy Discussion which you are invited to join.(2) Blogger group Flint Matrimonial Lawyer the Divorce Process and the Complaint for divorce.An overview of Michigan Family Law and Bankruptcy can be forund at http://www.attorneybankert.com/.
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CONTENTS
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Complaint for divorce with children annotated
Check list\
Form list
---
Complaint for divoerce annotated
[Insert caption.]
[Either]
There is no other pending or resolved action within the jurisdiction of the circuit court’s family division involving the family or family members of the person[s] who [is / are] the subject of the complaint.[2]
[Or]
An action within the jurisdiction of the circuit court’s family division involving the family or family members of the person[s] who [is / are] the subject of the complaint has been previously filed in [this court / Court], where it was given docket number and was assigned to Judge . The action [remains / is no longer] pending.[2]
[Either]
There is no other pending or resolved civil action arising out of the transaction or occurrence alleged in the complaint.[2]
[Or]
A civil action between these parties or other parties arising out of the transaction or occurrence alleged in the complaint has been previously filed in [this court / Court], where it was given docket number and was assigned to Judge . The action [remains / is no longer] pending.[2]
COMPLAINT FOR DIVORCE[2]
Plaintiff states:
[Plaintiff has / Defendant has / The parties have] been [a resident / residents] of Michigan for at least 180 days and of [county] County for at least 10 days immediately preceding the filing of this complaint.[2]
The parties were legally married in [city, state] on [date].[2]
The complete names and dates of birth of the parties’ children under the age of 18 are [list names and birth dates].[2]
[Plaintiff / Defendant][is not / is] pregnant.[2]
[No Michigan court has continuing jurisdiction over any of the children. / The [county] County Circuit Court has continuing jurisdiction over , file number [number].][2]
During the marriage, the parties have acquired property and debts, which are to be divided.[2]
Plaintiff’s complete name before this marriage was [name] and is now [name]. Defendant’s complete name before this marriage was [name] and is now [name].[2]
[If requesting child support or spousal support][2]
[2]
The parties separated on or about [date].[2]
The parties have agreed on spousal support.[2]
[Plaintiff is a fit and proper person to have the care, custody, control, and education of the minor children of the parties. / Plaintiff believes it to be in the best interests of the children to have joint custody in Plaintiff and Defendant with primary possession in Plaintiff. / Both Plaintiff and Defendant are fit and proper persons to have joint legal custody and shared physical possession of the parties’ minor children.][2]
The parties have agreed on child custody and parenting time.[2]
The children presently reside with [Plaintiff / Defendant] at [address] and for the last five years have resided with [Plaintiff / Defendant / both parties] at [all addresses].[2]
[2]
[If paragraphs 11, 12, or 13 are affirmative, Plaintiff must give further information under oath as the court requires. A party has a continuing duty to inform the court of other custody proceedings.][2]
Plaintiff [has / has not] participated in any capacity in another child custody proceeding concerning the minor children in this or another state.[2]
Plaintiff [has / has no] information that could affect a child custody proceeding concerning the minor children, including a proceeding for enforcement, a domestic violence proceeding, a protective order, termination of parental rights, or adoption, pending in a court of this or another state.[2]
Plaintiff [knows / does not know] of a person not a party to these proceedings who has physical custody of the children or claims legal or physical custody or parenting time rights with the children.[2]
[The parties have agreed on child support. / Plaintiff requires support for the minor children of the parties, as well as for himself / herself, including health care, insurance premiums, and expenses.] Plaintiff [also] requires assistance with the attorney fees and costs of this case since [he / she] is unable to pay these expenses without aid. [State facts showing Plaintiff’s need for support or attorney fees and Defendant’s ability to pay.][2]
Temporary restraining orders are necessary
to restrain Defendant from selling, disposing of, hiding, destroying, or removing personal property of the parties, because Defendant has removed property such as [describe];[2]
[2]
and[2]
to restrain Defendant from allowing insurance naming Plaintiff as beneficiary to lapse or be canceled or to change the beneficiary designation on life insurance policies, because Defendant has threatened to do so.[2]
There has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.[2]
WHEREFORE, Plaintiff requests the court to
grant a judgment of divorce;[2]
[award possession and custody of the minor children to Plaintiff / award joint custody of the minor children to both parties with primary possession to Plaintiff / award joint legal custody and shared physical possession of the minor children / order custody and parenting time consistent with the parties’ agreement];[2]
order Defendant to pay child support, including health care and child care expenses;[2]
[order Defendant to pay spousal support for Plaintiff / order spousal support consistent with the parties’ agreement];[2]
order Defendant to pay Plaintiff’s attorney fees and costs;[2]
issue an injunction restraining Defendant from selling, hiding, destroying, or otherwise disposing of personal property of the parties;[2]
restrain Defendant from allowing insurance to lapse or be canceled or from changing the beneficiary designation of life insurance policies;[2]
order that Plaintiff’s last name be changed to [name];[2]
enter an agreed-on order of property division or order that the property be equitably divided; and[2]
grant any other relief it determines is equitable in this case.[2]
I declare that the statements above are true to the best of my information, knowledge, and belief.
Dated: /s/
[Typed name of Plaintiff]
Plaintiff
Dated: /s/
[Typed name of attorney (P___]
Attorney for Plaintiff
[Address, telephone]
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Main Checklist
Step 1: Prepare the complaint.[1]
A divorce is commenced by filing a complaint in the family division of the circuit court in the county where either the plaintiff or the defendant resides. The complaint must comply with MCR 2.113 and 3.206.[1]
Step 2: Use the proper case code and caption.
The pleadings vary according to whether the parties have minor children. If minor children are involved, the case number must have a “DM” suffix. See MCR 2.113(C)(1)(c), 8.117.
The caption of the complaint must include a specific statement regarding whether there is a pending or resolved action within the jurisdiction of the family division of the circuit court involving the family or family members that are the subject of the complaint. MCR 3.206(A)(4).
There is some question as to whether the alternative paragraphs required by MCR 2.113(C)(2) for complaints in general—indicating whether or not a previous case has been filed arising out of the transaction or occurrence alleged in the complaint—must still be included in complaints in domestic relations actions. The Sample DM Complaint includes both sets of these alternative paragraphs. Practitioners should check with the circuit court clerk before filing.
Step 3: Include all provisions required by court rule and statute.
A DM Complaint must comply with the general requirements of MCR 2.113, and must include certain information required by court rule and statute.[1]
Step 4: Sign the complaint, and have the client sign.
A complaint for divorce must be verified if it includes certain information required in a DM case or if ex parte relief is sought. MCR 3.207(B)(1). Even when it is not required, it is preferable to have the client sign. The jurat or statement of truthfulness shows that the attorney is relying on the information supplied by the plaintiff and has not independently determined the truthfulness of the allegations.
The plaintiff’s attorney must sign the complaint, and the attorney’s name, address, and telephone number must be on the complaint, just as with other pleadings. MCR 2.113(C). [1]
Step 5: Prepare the summons.
The summons is a notice that an action has been brought against the defendant. It includes the essentials of the action (e.g., the names of parties, the name of the court, the file number, the time within which the defendant must answer). The contents of a summons are prescribed in MCR 2.102(B). You should generally use the SCAO summons form. However, in Wayne County, the court clerk generates the summons when the complaint is filed.
The plaintiff’s attorney must sign the summons. Four original copies should be prepared and signed—one for the court file, one for the plaintiff’s file, one for the defendant, and one to return to the court clerk following service. You must take the four original summonses with you when you file the complaint. The court clerk stamps copies of the summons and returns them to you for service on the defendant. In Wayne and Oakland Counties, the clerk will attach a bar-coded sticker to the documents, which permits the clerk to scan documents filed for the information needed (e.g., the name of the judge, names of counsel). You must attach two copies of the summons to documents used in serving the defendant. Each document in addition to the complaint must be specifically identified on the summons.[1]
The clerk will stamp the expiration date of the summons on its face. The summons expires 91 days after the filing date. MCR 2.102(D). If the defendant cannot be served within the 91 days, you must apply, before the expiration date, for an extension of the expiration date for a period not to exceed one year from the original date of issuance.[1]
Step 6: Prepare a record of divorce or annulment.
The Record of Divorce is a Michigan Department of Community Health (MDCH) form used for statistical purposes. It is sometimes filed in the beginning of the case and sometimes filed when the judgment is entered. Check with the court clerk in your jurisdiction to see what the court requires.
You must request the Record of Divorce from the MDCH by using the Michigan Divorce or Annulment Record Application, which can be done by mail or by an online request. If done by mail, it can take 7 to 15 business days. For information on requesting the record, see http://www.michigan.gov/documents/VitalRecords_4_03_64015_7.pdf. [1]
Step 7: Prepare a verified statement.
A verified statement signed by the plaintiff is required by MCR 3.206(B)(1) if there are minor children or a claim for spousal support. A verified statement must be filed in every case involving minor children, regardless of whether an order of child support is being requested at the time of filing the complaint. The verified statement is available as a preprinted standard form.
The original is filed with the Friend of the Court, not the court. A copy is served on the defendant. In cases involving domestic violence or stalking, the copies that are served on the defendant may have the plaintiff’s address and phone number omitted. The original filed with the Friend of the Court is typically not made available to the defendant or the defendant’s attorney. (Attorneys might want to check local practice.)[1]
Step 8: File the complaint and other necessary documents.
Use the Checklist for Filing for Divorce (With Minor Children) as a guide to help you file the appropriate documents with the appropriate parties. After the complaint and supporting documents have been filed, a case number assigned, and any ex parte orders signed, conformed copies are mailed to the client (see Checklist of Items to Be Mailed to Client (Filing for Divorce)).
For guidance on seeking ex parte and other temporary orders, see How-To Kit: Obtain an Initial Order for Child Custody and Support in a Divorce Case, How-To Kit: Obtain a Restraining Order in a Divorce Case, and How-To Kit: Obtain an Order for Temporary Spousal Support.[1]
Step 9: Pay the filing fee or apply for a waiver.
A $150 filing fee must be paid when the complaint is filed with the court clerk. There is an additional $40–$80 fee if there is domestic relations mediation and this increases further if the Friend of the Court makes a recommendation. MCL 600.2529(1)(d). Some courts require that this additional fee be paid when the complaint is filed; other counties require payment when the judgment is entered and the judgment fee paid.[1]
When neither party has resources to pay filing fees, the client may qualify to have filing fees and court costs waived. A waiver of fees and costs is obtained ex parte. Suspension of fees is automatic for recipients of public assistance who provide an ex parte affidavit or other proof. MCR 2.002(C). A party who is indigent but not receiving assistance must file a motion or an affidavit for a waiver of fees and costs that contains facts demonstrating the indigency. A statement of income, expenses, and assets is usually sufficient.[1]
Step 10: Serve the defendant.
You will need to serve the defendant with the summons and complaint, a copy of all other pleadings filed, a copy of any ex parte orders entered, and, for other motions, the motion and notice of hearing. Use the Checklist for Service (Divorce) as a guide. If minor children are involved, a party is pregnant, or child or spousal support is requested, you must also serve the Friend of the Court informational booklet and file proof of service. MCR 3.203(I).[1]
-FORMS TO CONSIDER
Forms [1]
Complaint for Divorce With Minor Children
Summons and Complaint (MC01) [1]
Record of Divorce or Annulment [1]
Michigan Divorce or Annulment Record Application [1]
Verified Statement and Application for IV-D Services (FOC23) [1]
Checklist for Filing for Divorce (With Minor Children)
Checklist of Items to Be Mailed to Client (Filing for Divorce) [1]
Affidavit and Order, Suspension of Fees/Costs (MC20) [1]
Checklist for Service (Divorce[1]
Uniform Child Custody Jurisdiction Enforcement Act Affidavit (MC416)1]
Cover Letter for Service on the Defendant (Divorce)[1]
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SOURCE:
[1] From ICLE How to kit on complaint for divorce.File for Divorce (With Minor Children)
Adapted from materials in Divorce Cases in Michigan: A Systems Approach by Monika U. Holzer Sacks.
[2] Adapted from materials in Divorce Cases in Michigan: A Systems Approach by Monika U. Holzer Sacks.
Flint Divorce Lawyer Terry Bankert Prepared this post to work in conjuncatioin with; (1) his face book group Terry R. Bankert P.C. Family Law and Bankruptcy Discussion which you are invited to join.(2) Blogger group Flint Matrimonial Lawyer the Divorce Process and the Complaint for divorce.An overview of Michigan Family Law and Bankruptcy can be forund at http://www.attorneybankert.com/.
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CONTENTS
---
Complaint for divorce with children annotated
Check list\
Form list
---
Complaint for divoerce annotated
[Insert caption.]
[Either]
There is no other pending or resolved action within the jurisdiction of the circuit court’s family division involving the family or family members of the person[s] who [is / are] the subject of the complaint.[2]
[Or]
An action within the jurisdiction of the circuit court’s family division involving the family or family members of the person[s] who [is / are] the subject of the complaint has been previously filed in [this court / Court], where it was given docket number and was assigned to Judge . The action [remains / is no longer] pending.[2]
[Either]
There is no other pending or resolved civil action arising out of the transaction or occurrence alleged in the complaint.[2]
[Or]
A civil action between these parties or other parties arising out of the transaction or occurrence alleged in the complaint has been previously filed in [this court / Court], where it was given docket number and was assigned to Judge . The action [remains / is no longer] pending.[2]
COMPLAINT FOR DIVORCE[2]
Plaintiff states:
[Plaintiff has / Defendant has / The parties have] been [a resident / residents] of Michigan for at least 180 days and of [county] County for at least 10 days immediately preceding the filing of this complaint.[2]
The parties were legally married in [city, state] on [date].[2]
The complete names and dates of birth of the parties’ children under the age of 18 are [list names and birth dates].[2]
[Plaintiff / Defendant][is not / is] pregnant.[2]
[No Michigan court has continuing jurisdiction over any of the children. / The [county] County Circuit Court has continuing jurisdiction over , file number [number].][2]
During the marriage, the parties have acquired property and debts, which are to be divided.[2]
Plaintiff’s complete name before this marriage was [name] and is now [name]. Defendant’s complete name before this marriage was [name] and is now [name].[2]
[If requesting child support or spousal support][2]
[2]
The parties separated on or about [date].[2]
The parties have agreed on spousal support.[2]
[Plaintiff is a fit and proper person to have the care, custody, control, and education of the minor children of the parties. / Plaintiff believes it to be in the best interests of the children to have joint custody in Plaintiff and Defendant with primary possession in Plaintiff. / Both Plaintiff and Defendant are fit and proper persons to have joint legal custody and shared physical possession of the parties’ minor children.][2]
The parties have agreed on child custody and parenting time.[2]
The children presently reside with [Plaintiff / Defendant] at [address] and for the last five years have resided with [Plaintiff / Defendant / both parties] at [all addresses].[2]
[2]
[If paragraphs 11, 12, or 13 are affirmative, Plaintiff must give further information under oath as the court requires. A party has a continuing duty to inform the court of other custody proceedings.][2]
Plaintiff [has / has not] participated in any capacity in another child custody proceeding concerning the minor children in this or another state.[2]
Plaintiff [has / has no] information that could affect a child custody proceeding concerning the minor children, including a proceeding for enforcement, a domestic violence proceeding, a protective order, termination of parental rights, or adoption, pending in a court of this or another state.[2]
Plaintiff [knows / does not know] of a person not a party to these proceedings who has physical custody of the children or claims legal or physical custody or parenting time rights with the children.[2]
[The parties have agreed on child support. / Plaintiff requires support for the minor children of the parties, as well as for himself / herself, including health care, insurance premiums, and expenses.] Plaintiff [also] requires assistance with the attorney fees and costs of this case since [he / she] is unable to pay these expenses without aid. [State facts showing Plaintiff’s need for support or attorney fees and Defendant’s ability to pay.][2]
Temporary restraining orders are necessary
to restrain Defendant from selling, disposing of, hiding, destroying, or removing personal property of the parties, because Defendant has removed property such as [describe];[2]
[2]
and[2]
to restrain Defendant from allowing insurance naming Plaintiff as beneficiary to lapse or be canceled or to change the beneficiary designation on life insurance policies, because Defendant has threatened to do so.[2]
There has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.[2]
WHEREFORE, Plaintiff requests the court to
grant a judgment of divorce;[2]
[award possession and custody of the minor children to Plaintiff / award joint custody of the minor children to both parties with primary possession to Plaintiff / award joint legal custody and shared physical possession of the minor children / order custody and parenting time consistent with the parties’ agreement];[2]
order Defendant to pay child support, including health care and child care expenses;[2]
[order Defendant to pay spousal support for Plaintiff / order spousal support consistent with the parties’ agreement];[2]
order Defendant to pay Plaintiff’s attorney fees and costs;[2]
issue an injunction restraining Defendant from selling, hiding, destroying, or otherwise disposing of personal property of the parties;[2]
restrain Defendant from allowing insurance to lapse or be canceled or from changing the beneficiary designation of life insurance policies;[2]
order that Plaintiff’s last name be changed to [name];[2]
enter an agreed-on order of property division or order that the property be equitably divided; and[2]
grant any other relief it determines is equitable in this case.[2]
I declare that the statements above are true to the best of my information, knowledge, and belief.
Dated: /s/
[Typed name of Plaintiff]
Plaintiff
Dated: /s/
[Typed name of attorney (P___]
Attorney for Plaintiff
[Address, telephone]
---
Main Checklist
Step 1: Prepare the complaint.[1]
A divorce is commenced by filing a complaint in the family division of the circuit court in the county where either the plaintiff or the defendant resides. The complaint must comply with MCR 2.113 and 3.206.[1]
Step 2: Use the proper case code and caption.
The pleadings vary according to whether the parties have minor children. If minor children are involved, the case number must have a “DM” suffix. See MCR 2.113(C)(1)(c), 8.117.
The caption of the complaint must include a specific statement regarding whether there is a pending or resolved action within the jurisdiction of the family division of the circuit court involving the family or family members that are the subject of the complaint. MCR 3.206(A)(4).
There is some question as to whether the alternative paragraphs required by MCR 2.113(C)(2) for complaints in general—indicating whether or not a previous case has been filed arising out of the transaction or occurrence alleged in the complaint—must still be included in complaints in domestic relations actions. The Sample DM Complaint includes both sets of these alternative paragraphs. Practitioners should check with the circuit court clerk before filing.
Step 3: Include all provisions required by court rule and statute.
A DM Complaint must comply with the general requirements of MCR 2.113, and must include certain information required by court rule and statute.[1]
Step 4: Sign the complaint, and have the client sign.
A complaint for divorce must be verified if it includes certain information required in a DM case or if ex parte relief is sought. MCR 3.207(B)(1). Even when it is not required, it is preferable to have the client sign. The jurat or statement of truthfulness shows that the attorney is relying on the information supplied by the plaintiff and has not independently determined the truthfulness of the allegations.
The plaintiff’s attorney must sign the complaint, and the attorney’s name, address, and telephone number must be on the complaint, just as with other pleadings. MCR 2.113(C). [1]
Step 5: Prepare the summons.
The summons is a notice that an action has been brought against the defendant. It includes the essentials of the action (e.g., the names of parties, the name of the court, the file number, the time within which the defendant must answer). The contents of a summons are prescribed in MCR 2.102(B). You should generally use the SCAO summons form. However, in Wayne County, the court clerk generates the summons when the complaint is filed.
The plaintiff’s attorney must sign the summons. Four original copies should be prepared and signed—one for the court file, one for the plaintiff’s file, one for the defendant, and one to return to the court clerk following service. You must take the four original summonses with you when you file the complaint. The court clerk stamps copies of the summons and returns them to you for service on the defendant. In Wayne and Oakland Counties, the clerk will attach a bar-coded sticker to the documents, which permits the clerk to scan documents filed for the information needed (e.g., the name of the judge, names of counsel). You must attach two copies of the summons to documents used in serving the defendant. Each document in addition to the complaint must be specifically identified on the summons.[1]
The clerk will stamp the expiration date of the summons on its face. The summons expires 91 days after the filing date. MCR 2.102(D). If the defendant cannot be served within the 91 days, you must apply, before the expiration date, for an extension of the expiration date for a period not to exceed one year from the original date of issuance.[1]
Step 6: Prepare a record of divorce or annulment.
The Record of Divorce is a Michigan Department of Community Health (MDCH) form used for statistical purposes. It is sometimes filed in the beginning of the case and sometimes filed when the judgment is entered. Check with the court clerk in your jurisdiction to see what the court requires.
You must request the Record of Divorce from the MDCH by using the Michigan Divorce or Annulment Record Application, which can be done by mail or by an online request. If done by mail, it can take 7 to 15 business days. For information on requesting the record, see http://www.michigan.gov/documents/VitalRecords_4_03_64015_7.pdf. [1]
Step 7: Prepare a verified statement.
A verified statement signed by the plaintiff is required by MCR 3.206(B)(1) if there are minor children or a claim for spousal support. A verified statement must be filed in every case involving minor children, regardless of whether an order of child support is being requested at the time of filing the complaint. The verified statement is available as a preprinted standard form.
The original is filed with the Friend of the Court, not the court. A copy is served on the defendant. In cases involving domestic violence or stalking, the copies that are served on the defendant may have the plaintiff’s address and phone number omitted. The original filed with the Friend of the Court is typically not made available to the defendant or the defendant’s attorney. (Attorneys might want to check local practice.)[1]
Step 8: File the complaint and other necessary documents.
Use the Checklist for Filing for Divorce (With Minor Children) as a guide to help you file the appropriate documents with the appropriate parties. After the complaint and supporting documents have been filed, a case number assigned, and any ex parte orders signed, conformed copies are mailed to the client (see Checklist of Items to Be Mailed to Client (Filing for Divorce)).
For guidance on seeking ex parte and other temporary orders, see How-To Kit: Obtain an Initial Order for Child Custody and Support in a Divorce Case, How-To Kit: Obtain a Restraining Order in a Divorce Case, and How-To Kit: Obtain an Order for Temporary Spousal Support.[1]
Step 9: Pay the filing fee or apply for a waiver.
A $150 filing fee must be paid when the complaint is filed with the court clerk. There is an additional $40–$80 fee if there is domestic relations mediation and this increases further if the Friend of the Court makes a recommendation. MCL 600.2529(1)(d). Some courts require that this additional fee be paid when the complaint is filed; other counties require payment when the judgment is entered and the judgment fee paid.[1]
When neither party has resources to pay filing fees, the client may qualify to have filing fees and court costs waived. A waiver of fees and costs is obtained ex parte. Suspension of fees is automatic for recipients of public assistance who provide an ex parte affidavit or other proof. MCR 2.002(C). A party who is indigent but not receiving assistance must file a motion or an affidavit for a waiver of fees and costs that contains facts demonstrating the indigency. A statement of income, expenses, and assets is usually sufficient.[1]
Step 10: Serve the defendant.
You will need to serve the defendant with the summons and complaint, a copy of all other pleadings filed, a copy of any ex parte orders entered, and, for other motions, the motion and notice of hearing. Use the Checklist for Service (Divorce) as a guide. If minor children are involved, a party is pregnant, or child or spousal support is requested, you must also serve the Friend of the Court informational booklet and file proof of service. MCR 3.203(I).[1]
-FORMS TO CONSIDER
Forms [1]
Complaint for Divorce With Minor Children
Summons and Complaint (MC01) [1]
Record of Divorce or Annulment [1]
Michigan Divorce or Annulment Record Application [1]
Verified Statement and Application for IV-D Services (FOC23) [1]
Checklist for Filing for Divorce (With Minor Children)
Checklist of Items to Be Mailed to Client (Filing for Divorce) [1]
Affidavit and Order, Suspension of Fees/Costs (MC20) [1]
Checklist for Service (Divorce[1]
Uniform Child Custody Jurisdiction Enforcement Act Affidavit (MC416)1]
Cover Letter for Service on the Defendant (Divorce)[1]
--
---
SOURCE:
[1] From ICLE How to kit on complaint for divorce.File for Divorce (With Minor Children)
Adapted from materials in Divorce Cases in Michigan: A Systems Approach by Monika U. Holzer Sacks.
[2] Adapted from materials in Divorce Cases in Michigan: A Systems Approach by Monika U. Holzer Sacks.
Saturday, April 23, 2011
HOW DO I FILE FOR DIVORCE IN MICHIGAN,FLINT,BAY CITY,SAGINAW,LAPEER,OWOSSO AND BURTON?
We will answer your questions on how to file for bankruptcy or divorce . Call Flint Attorey Bankert at his Law office 810-235-1970. Or reach him through http://www.attorneybankert.com/
or http://www.dumpmyspouse.com/
or http://www.nojokebeingbroke.com/
or http://www.dumpmyspouse.com/
or http://www.nojokebeingbroke.com/
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