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Divorce is in the news this week, as Miguel Cabrera is involved in a divorce proceeding with his soon-to-be ex-wife Rosangel Cabrera. Cabrera has been married for fifteen (15) years, and met his wife in high school. However, the couple is calling it quits.

Rosangel Cabrera filed for divorce, stating that the relationship with baseball star husband, Miguel Cabrera, was “irretrievably broken.” The case was filed in Miami-Dade County in Florida. Had the case been filed in Michigan, the basis for divorce would have been that there has been a breakdown in 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. As a no fault state, the party filing for divorce does not need a specific reason, and relies solely on the aforementioned statutory language in order to grant a divorce.

According to player statistics, the 2017 baseball season has been the worst year of Miguel’s professional career. Although Miguel has injuries contributing to his shortfalls in his career, this also shows the emotional toll that divorce takes on both parties throughout the divorce process. It is our goal to minimize the stress of a divorce, and resolve the case as efficiently as possible.

According to a recent study, the profession with the lowest divorce rates was actuaries, with a rate of 17%. Other professions with low divorce rates were physical scientists, life scientists, clergy, and software developers.

The study found that people who make less money are in general more likely to get divorced. Gaming managers have the highest divorce rate, at 52.9%, followed by bartenders, flight attendants, gaming service workers, rolling machine setters, and machine operators.

If you find yourself in the latter category, and are considering divorce, contact our office for a free consultation at (586) 264-3756.

In the news recently is an article that Rob Kardashian agreed to pay $20,000 per month in child support, ending a heavily contested battle with ex-fiancee Blac Chyna.

We frequently hear from clients that a friend of theirs is receiving a substantial amount of support, or not enough support, and they want to know what they are entitled to.

Child support will vary for everyone. Support is based upon the amount of overnights each parent has with the child, the income of both parents, child care payments, and health insurance payments. All of the aforementioned information is put into the Michigan Child Support Formula, and the amount of support is generated. Unless there is a very good reason to do so, the parties cannot deviate from the formula. Thus, you most likely will not receive $20,000 per month in support, but based upon the circumstances, you will receive the amount that the court finds appropriate based upon the aforementioned information.

1.) Child support Exemption. Child support is neither deductible, nor taxable. That being said, the dependency exemption can only be used by one parent. Generally, the parent that has primary physical custody, can claim the exemption; or, the parties can alternate the exemption each year.

2.) Spousal Support. Spousal support is deductible to the payer, to the extent that it is included in the gross income of the payee.

3.) Tax-Free Exchanges Between Spouses. Spouses can transfer property amongst each other, without tax consequences. Thus, property received in connection with a divorce will not be taxed.

You may have seen the article in the news regarding a mother that was jailed for failing to vaccinate her son.

Oakland County Judge Karen McDonald found that Rebecca Bredow was in contempt of court, for failing to vaccinate her son, despite her prior agreement that her son would be vaccinated. As a result, she was sentenced to five (5) days in jail, and her son was vaccinated.

In addition, based upon Ms. Bredow’s conduct and failure to vaccinate her son, she lost primary physical custody, and will now share joint custody, with her ex-husband.

A collaborative divorce is one in which a couple hires attorneys, solely for the purpose of settling the case. Generally, a team of professionals assists the couple in dividing their assets, creating a parenting plan, and working together to come to an amicable resolution of any outstanding issues. In addition to the attorneys, the other professionals may include a financial advisor, child specialist, and/or therapist.

It can be extremely helpful, especially for couples that have minor children, to start off their new lives in a cooperative manor. These individuals tend to be happier in the long term. It is also best for the children to be able to have both of their parents at all of their games, school events, birthdays, and big life events, without having to worry about conflict.

If you are interested in learning more about the collaborative divorce process, contact our office at (586) 264-3756.

If you created an estate plan during your marriage, you will certainly need to update it upon your divorce. If you did not create an estate plan previously, you should definitely create one.

National Estate Planning Awareness Week is October 16-22, 2017. The purpose of Estate Planning Awareness Week is to help individuals and families understand the need for estate planning. More than half of Americans, an estimated 56%, do not have an estate plan in place. This causes hardship, financial or otherwise, that can be diminished by advanced planning.

What is estate planning? Estate Planning encompasses the growth, conservation, and transfer of an individual’s wealth through the creation and maintenance of an “estate plan.” The purpose of estate planning is to develop a strategy that will maintain the financial security of individuals through their lifetime and ensure the intended transfer of their property and assets at death, while taking into consideration the difference circumstances of each family.

A Chapter 13 is a reorganization, and is for individuals who have regular income and can pay back at least a portion of their debt/creditors, through a repayment plan. A Chapter 7 bankruptcy is a complete discharge of your debts (with certain exclusions), for those individuals whose monthly expenses exceed their income.

Section 362 of the United States Bankruptcy code provides for a stay of collection proceedings from the moment a bankruptcy proceeding is filed. An automatic stay is an automatic injunction that prevents any creditor action (with some exceptions), from continuing any collection activity against a debtor that has filed for bankruptcy. The stay is the reason that creditors must stop their harassing calls after you have filed your bankruptcy petition.

For more information on automatic stays and bankruptcy, contact our office at (586) 264-3756 to schedule a free consultation.