Breitmeyer Cushman PLLC Celebrating 10 Years!

 By:  Katie Cushman

  

This year marks the 10th anniversary of the founding of our firm! We celebrate this milestone with gratitude to our loyal clients and professional colleagues with whom we have had the privilege of working with over the past decade. We remain dedicated to providing our clients and families with exceptional, creative, and tailored legal advice to obtain the best possible results.

Changes to Driver's License Suspension Laws for Non-Payment of Child Support

Previously the Friend of the Court was permitted to take action against a non-payer of support to suspend  his or her driver's license. This was completed by sending a notice of intent to suspend the license, and if the payer failed to respond, the Friend of the Court could secure an order suspending the payer's license.

MCL 552.628 has amended this process and changed the requirements for suspending a payer's driver's license.

Effective October 1, 2021, the Friend of the Court can only seek to suspend a driver's license if the following provisions are true:

(2) For a friend of the court case, a payer's driver license may be suspended if both of the circumstances in subsection (1) are true and both of the following additional circumstances are true:

      (a) The court has conducted an ability to pay assessment and determined that the payer has an ability to pay the support but is willfully not making his or her support payments.

      (b) The office of the friend of the court determines that no other sanction would be effective in assuring regular payments on the support obligation and regular payments on the arrearage.

The Friend of the Court must assess each individual case to determine if there is another appropriate remedy to secure regular support before seeking to suspend a payer's driver's license. All other remedies must be exhausted before suspension.

The Friend of the Court Bureau has issued a Memorandum containing more detailed information regarding the amendment. 

It is important to note that these changes relate to driver's licenses only, and the requirements to suspend occupational, recreational, and/or sporting licenses remain unchanged.

MCR 1.109(D)(9)(a): Protecting Identifying Information

As of January 1, 2022, a new court rule is in effect designed to protect identifying personal information from being part of a public record in court filings. 

MCR 1.109(D)(9) Personal Identifying Information.

(a) The following personal identifying information is protected and shall not be included in any public document or attachment filed with the court on or after July 1, 2021, except as provided by these rules:

(i) date of birth,

(ii) social security number or national identification number,

(iii) driver's license number or state-issued personal identification card number,

(iv) passport number, and

(v) financial account numbers.

The State Court Administrative Office has issued two new forms: MC97 (for personal identifying information for Defendant) and MC97a (personal identifying information for anyone case related, excluding Defendant). The forms will need to be included in any new filing with the local Clerk's Office. 

The new forms are available online: MC97 and MC97a.

Interviewing Attorneys? What to Know and What to Bring to a First Meeting

Interviewing attorneys can feel like a daunting task. What documentation do you need and what is important information for the attorney to know?

Preparing for your meeting is a good first step (see a related article here for tips), but in your first meeting the attorney will likely ask you a series of questions to get the conversation started. We don't require account statements for each account or all of the evidence supporting your case at the first meeting, however we will need enough information to know where potential problems may arise. 

For a custody case, we will need to see any prior court orders and will need as much information is possible to determine if action should be taken.

If you don't know what your marital estate looks like, we can engage in a process called financial discovery while a divorce is pending to obtain account statements and information to determine the size of the marital estate.

The attorneys at Breitmeyer Cushman PLLC focus their practice exclusively on family law and related matters. For specific questions or to schedule a consultation, call our office at (313) 962-4600.

Carol F. Breitmeyer Named Top Lawyer by dBusiness Magazine

Breitmeyer Cushman PLLC Partner Carol F. Breitmeyer was once again named as Top Lawyer by dBusiness Magazine for 2022! 

Child Support and Reimbursement of Health Care Expenses

 By:  Katie Cushman

We often get questions regarding how the payment of health care expenses works in Michigan when one parent is paying child support to the other.  Many get confused that the cost is automatically broken down by the percentages assigned to each party in the child support order, but this is incorrect.  If ordinary medical expenses are included in the child support order, the payer (the parent paying the support) is already contributing to the medical costs on a monthly basis as part of the child support payment.  Generally, this means that the payee (the parent receiving the support) must cover the day-to-day costs.  Only once the total expenses exceed the stated annual ordinary medical (AOM) threshold amount in the order (currently set at $454 per year, per child), do the percentages kick in.  This means that the payee parent must be careful to keep track of the expenses along the way, including keeping receipts, so he/she can be ready when it is time to request reimbursement from the payer parent.

Once the payee parent exceeds the AOM amount, he/she has 28 days from the date of the bill to request reimbursement from the payer parent.  If the payer fails to pay his/her portion of the bill, then the Friend of the Court can enforce payment.  In Wayne County, this form must be filed to make a formal request.  Again, it is necessary to show all receipts and accounting in order for the FOC to enforce the payment. 

So what do ordinary medical expenses consist of, you ask?  Usually they include insurance co-pays and deductibles as well as most uninsured medical costs for children.  The term “medical” includes treatments, services, equipment, medicines, preventative care, similar goods and services associated with oral (including braces), visual, psychological, medical, and other related care provided or prescribed by a health care professional for the child(ren). Routine remedial care costs (e.g. first aid supplies, cough syrup, and vitamins) do not qualify as medical expenses.

Change of Schools?

 By:  Katie Cushman

 This can be a popular time of year for this question, not to mention after a pandemic...

What happens when one parent wants to change the school of the minor child(ren)?  

If the parent has sole legal custody, then that parent has 100% of the decision making power and he/she can make the switch.  However, more typically, parents share legal custody (joint legal custody) and in order to change the school of the child(ren), there either needs to be a) an agreement between the parties, or b) the court must hold an evidentiary hearing.  

An evidentiary hearing to determine a change of schools is known as a Lombardo hearing, based upon the case of Lombardo v Lombardo, 202 Mich App 151 (1993).  This case provides that the trial court must make an analysis of the school choice using the Best Interest Factors (MCL 722.23).  This is far more than just a regular motion hearing, it is a trial-type of event where witnesses and exhibits are presented.  School statistics are reviewed and considered by the court.  Expert witnesses are also utilized in this regard.  

Should you have a school issue brewing in your case, time is of the essence... waiting until just before school starts is a problem -- resolving this type of joint legal custody issue is complicated and takes time and strategy.