Credit for Additional Overnights With Children

When parents are going through a divorce or establishment of custody and child support is ordered it is usually based on the number of overnights each parent is expected to spend with their child. But sometimes, after child support is ordered, events happen (for example: pandemic, loss of job, serious illness, loss of housing, etc) that will force the parents to agree to change, or one parent to forego, their parenting time resulting in one of the parents having the child many more overnights than anticipated in the child support order. The 2017 Michigan Child Support Formula Manual (MCSF) recognizes “that as parents spend more time with their children, they will contribute a greater share o

Divorcing your Foreign Spouse

The interplay of “green card” sponsor contracts in divorces: There are several ways family law intersects with immigration law. A party’s immigration status is often raised in a family law case when a party is in the United States only temporarily (ex: on a work visa) or without legal status (ex: entered illegally or overstayed their visa) or in deportation/removal proceedings or lives abroad. However, family law practitioner should also pay attention to whether either party is a permanent resident of the United States (i.e. has a “green card”) which means that the U.S. Citizen party may have signed an Affidavit of Support under Section 213A of the INA (form I-864) on behalf of the permanent

Claiming child as a dependent in a Judgment of Divorce: is provision modifiable or not?

Family law practitioners often negotiate who will claim a child(ren) as dependent(s) in divorce or custody matters. However, not all practitioners specify whether this term would be subject to modification in the future. In the absence of a specific statement regarding modification of a child tax exemption provision, the association of the provision with child support or property settlement may dictate whether the provision is subject to the restrictions on modifications of property settlement agreements or the more liberal modification rules of child support arrangements. The Michigan Court of Appeals has reasoned that the dependency exemption should normally be considered part of a child s

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