Monday, November 22, 2010

Mel Gibson’s Custody Trial

Judge Gordon in Los Angeles is once again the trial judge for a celebrity couple.  He has previously decided issues of custody for Britney Spears and Kevin Federline, and is currently the trial judge in the divorce of Frank & Jamie McCourt and in that case will determine who will own the Dodgers.
Now, Judge Gordon will determine custody, parenting time and child support for the daughter of Mel Gibson and Oksana Grigorieva.  Specifically, Judge Gordon will have to decide who has custody, how much child support should be paid, how frequently each will see their daughter, and under what conditions—meaning whether or not it should be supervised.
In Michigan, the trial judges also make custody, parenting time and child support decisions.  However, the ultimate decision doesn’t go to the judge unless the parents cannot agree on those decisions.  In divorce or custody cases, the parents have many options for resolving these issues, including mediation before the case, mediation during the case, and mediation with Friend of the Court.
If the issues cannot be resolved prior to trial, then the Judge must make those decisions, always focusing on what is in the best interests of the child.  This means that the Judge must hear testimony and review evidence involving 12 factors that can be found here: Best Interests of the Child Defined.
Ultimately it is better if the parents can agree on issues of custody and parenting time since the parents will have to co-parent for years to come, and must make decisions together about their children.  If, however, an agreement is impossible, the judge will make that decision—but it will be based upon what is best for the child, not what the parents want.
You can read more about the Mel Gibson custody issue as reported by the New York Times: In Family Court, a Reckoning for Gibson’s Career

If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.

Thursday, November 18, 2010

The Wedding’s Off—Now Who Keeps the Engagement Ring?

You are engaged to be married, and have either bought or received a beautiful (expensive) engagement ring. Unfortunately, something happens to destroy the pre-wedded bliss and the wedding is called off for good. If the marriage never happens, who gets the engagement ring?

The courts in Michigan have answered unequivocally: the person who gave the ring in anticipation of the marriage.

The definitive case on this issue is Meyer v Mitnick, 244 Mich App 697 (2001). In that case, Dr. Barry Meyer purchased a custom-designed engagement ring for his finance’ Robyn Mitnick at the cost of $19,500. Prior to the marriage, Dr. Meyer asked Ms. Mitnick to sign a prenuptial agreement, and Ms. Mitnick refused. The marriage was called off.

Ms. Mitnick refused to return the engagement ring, so Dr. Meyer sued her for its return. Dr. Meyer argued that the engagement ring was a conditional gift, given in anticipation of marriage, and since the marriage wasn’t going to happen, the gift should be returned. Ms. Mitnick argued that Dr. Meyer broke the engagement, and thus was at fault for the marriage not occurring, and that based upon fault, she should be allowed to keep the ring.

The trial court, Oakland County Circuit Court, ruled that the ring should be returned to Dr. Meyer because it is a conditional gift, and that issues of fault do not determine who keeps the ring. Ms. Mitnick appealed that decision to the Michigan Court of Appeals.

The Michigan Court of Appeals affirmed the trial court’s decision. They concluded the following:

“In sum, we hold that an engagement ring given in contemplation of marriage is an impliedly conditional gift that is a completed gift only upon marriage. If the engagement is called off, for whatever reasons, the gift is not capable of becoming a completed gift and must be returned to the donor.”

Long story short, if the marriage doesn’t happen, the ring is given back to the person that gave it in anticipation of the marriage.

Keep in mind, however, that two people can always come to a written agreement otherwise. If there is a written agreement that the person receiving the engagement ring can keep it regardless of what happens, that agreement would usually govern.

Also keep in mind that once the couple is married, the condition is fulfilled, and the engagement ring, once a conditional gift, is now an outright gift and belongs solely to the person receiving it.


If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.

Sunday, November 14, 2010

Divorcing and Dreading the Holidays?

As if Divorce or Separation wasn’t hard enough—along comes Thanksgiving, Christmas and New Years. It is undisputed that those going through the tumultuous process of divorce feel increased depression and despair as the holidays approach. Most people try to manage these feelings themselves and get through the holidays without a support system. However, there is a tremendous amount of help and support for people going through a divorce, especially during the holidays.

There is a valuable website called DivorceCare, and you can click on the website here: www.DivorceCare.org. On this website, you can read articles, watch videos, sign up for daily encouragement emails, and most importantly, find a local support group for yourself, and also find a support group for your children. These groups meet weekly and are free to anyone who wants to attend. The website also has a bookstore with an incredible selection of books.

There is also a special section for people divorcing as we move toward the holidays: DivorceCare: Surviving the Holidays. This is a special Surviving the Holidays event (free) that features video instruction and group discussion on how to get through the holidays. If you attend the event, you have the opportunity to talk with other people who are going through the same issues, and also receive a free Holiday Survival Guide.

If you are going through a divorce, a separation, or are facing the holidays for the first time after a divorce, you do not have to go through these holidays alone. You also don’t have to manage feelings of depression or despair by yourself. Look through the materials on the DivorceCare website and find a group to join. There are people eager to help.

The website again is DivorceCare, and can be found at www.DivorceCare.org.

The section of DivorceCare for surviving the holidays can be found at DivorceCare: Surviving the Holidays.

If you know of someone going through a divorce or separation, please share this information with them. During this holiday season, we should try to help those who may need it.


If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.

Monday, November 8, 2010

Prenuptial Agreements on the Rise

A recent Detroit Free Press article reported that a majority of lawyers are seeing an increase in requests for prenuptial agreements and that more women are requesting prenuptial agreements prior to getting married.  Part of the reason for the increase is the fact that people are getting married at an older age, and that there are more frequent second marriages or marriages blending families together.
For couples that are anticipating marriage, it is very important to consider having a prenuptial agreement in place prior to getting married.  This is particularly important if each person has their own property, investments, retirement and savings.  A prenuptial agreement is an agreement between couples getting married on how they are going to distribute assets they bring to the marriage and assets they acquire during the marriage if the couple divorces or if one of them passes away.
Prenuptial agreements are very common when two individuals are brining significant assets of their own into the marriage, or even significant debt.  They are also common when people are marrying later in life and they have grown children they want to provide for if they were to pass away.  They are far more common than they used to be.


You can read the Detroit Free Press article here: More Women and 2nd Timers want Prenup

If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.

Friday, November 5, 2010

How Child Support is Calculated

A common misunderstanding with our family law clients is how exactly child support is calculated in Michigan. Often parents believe that child support is based solely on just what they earn, and nothing more. This is not correct, as child support is based upon a number of considerations.

First, child support is often calculated by Friend of the Court and by attorneys with the help of a computer program. The following is a list of the information that is provided to that program in order for child support to be calculated:

• Number of minor children
• Tax filing status of both parents
• Tax exemptions for both parents
• Determination if either parent provides support for other children in their household
• The number of overnight stays that each parent has with each child (calculated separately)
• The amount of childcare that each parent pays, and for how many children
• The amount of health care premiums that each parent pays for the children
• The gross earnings of each parent

Obviously from the list above, one can see that child support is calculated on more than just what a parent earns.

There are also other factors that must be considered in more unique cases. Sometimes one parent is voluntarily unemployed or underemployed, and it must be determined if income should be imputed to that parent for purposes of child support. Sometimes a parent is self-employed, and the calculation of income is more difficult.

It is important to discuss the issue of child support with an experienced family law lawyer so that you can truly understand the issues in your case, how child support is calculated, and whether or not you should seek an increase or decreased based upon all of those circumstances.

If you are interested in learning more about child support, divorce or family law, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com