One cannot prevent a divorce in Michigan by saying that he or she doesn’t want to get divorced and that the other party should be forced to undergo marriage counseling. The desire to divorce need only exist in one party to a marriage for that party to obtain a divorce.

The term an uncontested divorce is often used to mean that there are no disagreements regarding the terms of a divorce judgment. Unfortunately, that determination is often premature; made before the many terms of a divorce judgment are explicitly agreed upon. Thus, there may have been general agreement initially, but when working out the specific terms of a Judgment, disagreement may develop. “The devil is in the details” as when working out the specific details regarding who will have the minor children on Christmas Eve, or exactly what the level of child support is supposed to be. Unless an agreement is reduced to a signed Divorce Judgment, the possibility exists that a simple “uncontested divorce” may become complex and costly. Sometimes, emotional needs may surface that make settlement more difficult as when one spouse finds that the other now has a new love interest. Suddenly, the possibility exists that what seemed like a simple uncontested divorce becomes difficult and potentially expensive.

One should retain an experienced divorce attorney whose demeanor does not unnecessarily create conflict. Hiring a bulldog for an attorney may seem like a good idea, but when you receive the monthly legal bills, you may have second thoughts. It is a bad idea to retain an attorney who stokes unnecessary conflict with the general approach of “the two of you should fight and I will bill you monthly.” Of course, it is not only the choice of attorneys, but the parties’ behavior, that may unnecessarily create conflict. Remember that both parties are undergoing conflict and emotional stress causing someone to say or do something that he or she regrets. A little forgiveness or even a strategically deaf ear may prevent a lot of conflict and reduce stress, tension, and unnecessary attorneys fees. Retain an attorney who is experienced in divorce and respects the role emotions have in this difficult time. Having an experienced, dignified, and respectful attorney during the divorce process may serve everyone’s best interest. Contact Raymond Pater at 616-396-8883.
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The above is not intended to serve as legal advice. You should consult an attorney.

Raymond J. Pater, Esq.
PATER LAW, PC
714 Michigan Ave, Ste B
Holland, Michigan 49423
(616) 396-8883

Copyright © 2012 by Pater Law, P.C. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.

Raymond J. Pater, Ottawa County Michigan Family Law attorney serving Holland, Zeeland, Grand Haven, Jenison, and the Lakeshore community.

I often receive phone calls from someone being pursued by a creditor, on debt such as on a credit card that a former spouse was to assume in a Judgment of Divorce. The “innocent” spouse thinks that the creditor is bound by the terms of the divorce judgment. Unfortunately, that is not the case as a divorce judgment is not binding upon third-party creditors who were not parties to the divorce.

A divorce judgment will often require one party to assume certain debts, such as credit card debt or the assumption of a mortgage on real estate. If a former spouse fails to pay the debt, the creditor has the legal right to pursue the “innocent” spouse for payment. The negotiated judgment is fair only if the former spouse does pay the debt that he or she assumed. The “innocent” spouse would not have negotiated the same terms if he or she had taken into account that the other spouse might default and that the “innocent” spouse is subject to a continued liability. For example, it seems fair if the first spouse receives a $100,000.00 marital home and assumes $50,000.00 in liabilities, while the second spouse receives $50,000.00 in assets. What appears to be a fair settlement; both spouses receiving $50,000.00 in net assets, becomes grossly unfair if the spouse assuming the liabilities fails to pay and the second spouse is pursued by a creditor. The result would be that the first spouse receives the $100,000.00 in assets and leaves the other party with $50,000.00 in assets and being pursued by a creditor for the unpaid $50,000.00 liability.

There are different ways to avoid this possibility. One way is to require the first spouse to pay off the credit card or to refinance the debt so that the first spouse is solely liable on the debt. Creditors will not simply agree to eliminate the financial liability of the second spouse unless the first spouse has the clear ability to pay the debt, based upon their current credit score and a good income versus debt ratio. Thus, the first spouse may have the best intent to refinance, but is unable to do so. To deal with the possibility that the first spouse is unable or unwilling to refinance, language will typically be included that if the first spouse does not refinance by a certain date, the marital home must be sold and the proceeds applied to the marital debt. Some judgments include provisions stating that the obligation to pay that debt is reserved as nondischargable spousal support. Unfortunately, that language is not binding upon a Bankruptcy Court and that language may work only if the first spouse believes it to be failproof. In reality, the spouse might be able to obtain a Chapter 13 discharge on the assumed debt, leaving the “innocent” spouse holding the bag. The “innocent” spouse would be required to retain an attorney in the bankruptcy case to demonstrate by an analysis of income and debts that a discharge would be an unfair financial burden on the second spouse. Parties may also negotiate terms that require the “innocent” spouse to retain a lien on the marital residence. That again, might be subject to frustration if the first lien is unpaid as the lien of the innocent spouse would likely be a second lien and not have a priority in bankruptcy.

If your spouse assumes debt in a divorce, timely notify each creditor in writing via CRR mail of your new address, that you are divorced (or divorcing), that you are not liable on future purchases and that you want to be provided with a copy of all future statements regarding the debt.

It is important to retain an attorney who is experienced in divorce matters and will insist that a divorce judgment includes terms designed to protect your interest regarding unpaid debts. If you get stuck with such a debt after a divorce, contact an attorney who knows both divorce and collection law.

For an experienced trial lawyer to handle your divorce or family law issues, contact us at 616-396-8883.

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The above is not intended to serve as legal advice. You should consult an attorney.

Raymond J. Pater, Esq.
PATER LAW, PC
714 Michigan Ave, Ste B
Holland, Michigan 49423
(616) 396-8883

Copyright © 2012 by Pater Law, P.C. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.

Raymond J. Pater, Ottawa County Michigan Family Law attorney serving Holland, Zeeland, Grand Haven, Jenison, and the Lakeshore community.

Question:
If two people walk into my office and say this is what we have agreed on, what might I say in the right situation:

a) It doesn’t take a genius to figure out who is in control here, and only one of you is getting a good deal?
b) There is one thing that neither of you have mentioned. Why are you not dividing his pension when that appears to be your most important financial asset? Was that an oversight? Was that based upon an emotional decision as to fairness (is it really fair that he gets it all and you get none of it)? Was that based upon the fact that you didn’t know you were entitled to a portion of it?
c) Because of your disparity in incomes and need by the one spouse, I must recommend that we consider the need for spousal support?
d) This seems to make sense right now, but what should be the language that we should include if _____________________ happens?

Answer:
I can’t say any of them, because I don’t know who I represent. A Michigan attorney cannot represent both parties in a divorce case. As one website states: “If your spouse says that his or her attorney can represent both you, you’re being set up. It’s a trap.” I wouldn’t use those words, but there is a lot of truth in that. It is a trap in the sense that one party thinks he or she is saving money thereby may lose hundreds or even thousands of dollars in the process. A lawyer represents one person and the job is to assist one party, not both parties.

Sometimes a person retains me and presents me with a proposed Judgment of Divorce. I ask a lot of questions so that I have a good idea as to the marriage, the assets, etc, and then we review the language in the proposed Judgment. Once in a great while, I might suggest that the Judgment appears fair and both parties should be able to live with it, without change. That is rare. By the use of language, by leaving certain things out of the Judgment, by an unfair distribution, most of the time the other attorney did his or her job well and the Judgment of Divorce was drafted to favor the other party.

Sometimes a client will ask me to draft a Judgment of Divorce that does not favor my client and its provisions are fair and balanced. That does happen. Don’t rely on that happening if your spouse says, “Let’s save some money and only use one attorney.” You might learn an expensive lesson on how not to save money.

Don’t wait until your spouse presents you with a proposed Judgment of Divorce before you retain an attorney. Retain one early so that you abide by court imposed deadlines and so that your interests are protected from the very beginning and your attorney is not forced to play catch up. There is a time to save money, but getting divorced without an attorney is a bad bet.

There are lots of good sayings when it comes to lawyers. Some of them are funny and some are true. You decide:

• The minute you read something that you can’t understand, you can almost be sure that it was drawn up by a lawyer. (Will Rogers).

• Doctors are the same as lawyers; the only difference is that lawyers merely rob you, whereas doctors rob you and kill you too. (Anton Pavlovich Chekhov).

• Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough. (Abraham Lincoln)

• A man who represents himself has a fool for a client. (Abraham Lincoln).

……

The above is not intended to serve as legal advice. You should consult an attorney.

Raymond J. Pater, Esq.
PATER LAW, PC
714 Michigan Ave, Ste B
Holland, Michigan 49423
(616) 396-8883

Copyright © 2012 by Pater Law, P.C. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.

Raymond J. Pater, Ottawa County Michigan Family Law attorney serving Holland, Zeeland, Grand Haven, Jenison, and the Lakeshore community.

A party’s premarital assets are usually not considered divisible in a divorce unless the other spouse contributed to the acquisition, improvement or accumulation of the property, or the marital property is insufficient for the suitable support and maintenance of the other spouse. This general rule may be further complicated by particular facts such as a house being returned to the spouse that brought it into the marriage, but the other spouse sharing in the increase in equity during the marriage.

In Sparks vs Sparks (1992) the Michigan Supreme Court listed nine factors that a court can review in deciding how to divide property. The contribution of the parties to the acquisition of the assets was only one of the nine factors, and the Court stated: ‘‘lt is not desirable, or feasible, for us to establish a rigid framework of applying the relevant factors. The trial court is given broad discretion in fashioning its rulings and there can be no strict mathematical formulations.’’ The case of Reeves vs. Reeves (Court of Appeals, 1997) seems to conflict with the Sparks case when it held that a court should not divide property acquired outside the marriage except in unusual circumstances. The Reeves Court made the source of the property more important that the other eight factors listed in Sparks.

An experienced divorce attorney can help you decide how property in your situation should be divided. Like many matters involving the law, things are often not quite as simple as they might first appear.

Contact Raymond Pater at 616-396-8883 or CLICK HERE to send email.

……

The above is not intended to serve as legal advice. You should consult an attorney.

Raymond J. Pater, Esq.
PATER LAW, PC
714 Michigan Ave, Ste B
Holland, Michigan 49423
(616) 396-8883

Copyright © 2012 by Pater Law, P.C. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.

Raymond J. Pater, Ottawa County Michigan Family Law attorney serving Holland, Zeeland, Grand Haven, Jenison, and the Lakeshore community.

HOW IS THE SPOUSE WITH THE SMALLER ESTATE PROTECTED?

1. What are you getting out of the prenuptial agreement? If it is all one-sided in favor of your prospective spouse, you should retain an attorney to negotiate some benefits for you.

2. If the other side gets to keep his or her pension, 401-K and retirement benefits, what retirement benefits do you keep? Only those worth next to nothing? Retain an attorney so that you also get something out of the agreement.

3. If the other side will increase his or her net worth, while you contribute by facilitating that growth, what offsetting assets will you be receiving?

Retain an attorney that not only knows how to draft a prenuptial agreement, but knows how to negotiate terms that benefit you. Even though you may not be in the driver’s seat, it should not be a take it or leave it proposition.

Ray has prepared prenuptial agreements for someone wishing to protect assets, and has also negotiated on behalf of the one presented with a proposed prenuptial agreement. In one recent case with limited assets, he negotiated an additional provision that resulted in Client being immediately named as the beneficiary of a retirement savings plan worth over $20,000.00.

Contact Raymond Pater at 616-396-8883 or CLICK HERE to send email.

……

The above is not intended to serve as legal advice. You should consult an attorney.

Raymond J. Pater, Esq.
PATER LAW, PC
714 Michigan Ave, Ste B
Holland, Michigan 49423
(616) 396-8883

Copyright © 2012 by Pater Law, P.C. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.

Raymond J. Pater, Ottawa County Michigan Family Law attorney serving Holland, Zeeland, Grand Haven, Jenison, and the Lakeshore community.

Michigan does not have an action for legal separation, but we do have an action for Separate Maintenance. The initial filing is almost identical to the filing of a Divorce, and when a Judgment enters the parties are divorced economically or financially, but they are not divorced from the bonds of matrimony.

Sometimes parties add special language to a Judgment of Separate Maintenance that provides that if either party wants to turn the Judgment into a Judgment of Divorce they may do so within six months and then the Court will not require that a new case be filed and the Court will waive the statutory waiting period before a Judgment of Divorce can enter.

Why file would someone want a Judgment of Separate Maintenance rather than a Judgment of Divorce? Most people who seek a Judgment of Separate Maintenance do so for one of three reasons:

1. They do not believe in divorce for religious reasons.
2. The other spouse needs continuing medical coverage that might be automatically terminated in the event of divorce, although some policies will also terminate upon entry of a judgment of Separate Maintenance. To prevent the loss of insurance, it may be advisable to enter into a detailed post-nuptial agreement,
3. To allow the other spouse to remain in the country, if the other spouse s allowed entry only because of marriage to a citizen.

If one party files an action for Separate Maintenance, the other party may file an counterclaim for divorce. (MCLS 552.7 (4).

The statute provides what must be included in the terms of a Judgment of Divorce or of Separate Maintenance:

552.101 Judgment of divorce or separate maintenance; provision in lieu of dower; determining rights of wife or husband in and to policy of life insurance, endowment, or annuity; discharge of liability on policy; determination of rights; assignment of rights.

Sec. 1

(1) When any judgment of divorce or judgment of separate maintenance is granted in any of the courts of this state, the court granting the judgment shall include in it a provision in lieu of the dower of the wife in the property of the husband, which shall be in full satisfaction of all claims that the wife may have in any property that the husband owns or may own in the future or in which he may have any interest.

(2) Each judgment of divorce or judgment of separate maintenance shall determine all rights of the wife in and to the proceeds of any policy or contract of life insurance, endowment, or annuity upon the life of the husband in which the wife was named or designated as beneficiary, or to which the wife became entitled by assignment or change of beneficiary during the marriage or in anticipation of marriage. If the judgment of divorce or judgment of separate maintenance does not determine the rights of the wife in and to a policy of life insurance, endowment, or annuity, the policy shall be payable to the estate of the husband or to the named beneficiary if the husband so designates. However, the company issuing the policy shall be discharged of all liability on the policy by payment of its proceeds in accordance with the terms of the policy unless before the payment the company receives written notice, by or on behalf of the insured or the estate of the insured, 1 of the heirs of the insured, or any other person having an interest in the policy, of a claim under the policy and the divorce.

(3) Each judgment of divorce or judgment of separate maintenance shall determine all rights of the husband in and to the proceeds of any policy or contract of life insurance, endowment, or annuity upon the life of the wife in which the husband was named or designated as beneficiary, or to which he became entitled by assignment or change of beneficiary during the marriage or in anticipation of marriage. If the judgment of divorce or judgment of separate maintenance does not determine the rights of the husband in and to the policy of life insurance, endowment, or annuity, the policy shall be payable to the estate of the wife, or to the named beneficiary if the wife so designates. However, the company issuing the policy shall be discharged of all liability on the policy by payment of the proceeds in accordance with the terms of the policy unless before the payment the company receives written notice, by or on behalf of the insured or the estate of the insured, 1 of the heirs of the insured, or any other person having an interest in the policy, of a claim under the policy and the divorce.

(4) Each judgment of divorce or judgment of separate maintenance shall determine all rights, including any contingent rights, of the husband and wife in and to all of the following:

(a) Any vested pension, annuity, or retirement benefits.

(b) Any accumulated contributions in any pension, annuity, or retirement system.

(c) In accordance with section 18 of 1846 RS 84, MCL 552.18, any unvested pension, annuity, or retirement benefits.

(5) For any divorce or separate maintenance action filed on or after September 1, 2006, if a judgment of divorce or judgment of separate maintenance provides for the assignment of any rights in and to any pension, annuity, or retirement benefits, a proportionate share of all components of the pension, annuity, or retirement benefits shall be included in the assignment unless the judgment of divorce or judgment of separate maintenance expressly excludes 1 or more components. Components include, but are not limited to, supplements, subsidies, early retirement benefits, post-retirement benefit increases, surviving spouse benefits, and death benefits. This subsection shall apply regardless of the characterization of the pension, annuity, or retirement benefit as regular retirement, early retirement, disability retirement, death benefit, or any other characterization or classification, unless the judgment of divorce or judgment of separate maintenance expressly excludes a particular characterization or classification.”

The Judgment might also contain terms regarding: Change of name, spousal support, custody, parenting time, child support, real estate, business interests, and custody of pets.

……

The above is not intended to serve as legal advice. You should consult an attorney.

Raymond J. Pater, Esq.
PATER LAW, PC
714 Michigan Ave, Ste B
Holland, Michigan 49423
(616) 396-8883

Copyright © 2012 by Pater Law, P.C. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.

Raymond J. Pater, Ottawa County Michigan Family Law attorney serving Holland, Zeeland, Grand Haven, Jenison, and the Lakeshore community.

The Child Custody Act governs child custody dispute and its goal is to minimize unwarranted and disruptive changes of custody orders, except under the most compelling circumstances. A trial court may modify a custody award only if the moving party first establishes proper cause or a change in circumstances. If the parent seeking to change custody fails to establish a proper cause or change of circumstances, a trial court is precluded from holding a hearing to revisit a previous custody determination.

In order to establish a change of circumstances, one must prove that, since the entry of the last custody order, the conditions surrounding custody of the child, which have or could have a significant effect on the child’s well-being, have materially changed.

The existence of an established custodial environment is a question of fact that a trial court is required to address before determining whether changing a previous custody order would be in a child’s best interest. If modifying a custody arrangement alters an established custodial environment, then the party seeking to change custody must demonstrate by clear and convincing evidence that such a change in the custodial environment would serve the best interest of the child. But, if modifying a custody order does not change an established custodial environment, the proponent is required to show only by a preponderance of the evidence (and not by clear and convincing evidence) that a change would be in the child’s best interests.

An established custodial environment is deemed to exist when a parent provides the care, discipline, love, guidance, and attention a child requires, thereby creating a permanent and secure environment for the child. The age of the child, the physical environment, and the inclination of the custodian and the child as to permanency of the relationship shall also be considered. The reasons why an established custodial environment exists are not important. Custody orders, by themselves, do not establish a custodial environment. Such an environment depends instead upon a custodial relationship of significant duration in which the child was provided the parental care, discipline, love, guidance and attention appropriate to his age and individual needs; an environment in both the physical and psychological sense in which relationship between the custodian and the child is marked by qualities of security, stability and permanence.

……

The above is not intended to serve as legal advice. You should consult an attorney.

Raymond J. Pater, Esq.
PATER LAW, PC
714 Michigan Ave, Ste B
Holland, Michigan 49423
(616) 396-8883

Copyright © 2012 by Pater Law, P.C. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.

Raymond J. Pater, Ottawa County Michigan Family Law attorney serving Holland, Zeeland, Grand Haven, Jenison, and the Lakeshore community.

We often hear of millionaires being described as self-made, but seldom hear of self-made failures. It is natural to take credit for the good and blame fate or circumstances for a poor marriage.

Some people probably do get lucky in marriage. But, if we don’t get lucky by marrying a mythical soul-mate leading to bliss (and the myth is both misleading and dangerous) must we then live with a poor marriage or get divorced? Those are not attractive alternatives. Abundant research reports that happily married people generally live longer, make more money, have more successful children and are more fulfilled.

But is there a way that leads to a viable alternative to marital unhappiness or divorce?

There may be. First, absent spousal abuse, don’t think in terms of being a victim. Instead, think of yourself as having the power to do what it takes to achieve a good marriage. The benefits of a good marriage make such determined efforts worthwhile. The decision to take control and make your marriage successful has implications for all areas of your relationship. I have seen some marriage partners will themselves into saving a marriage when to all reasonable outside observers it was hopeless.

Let’s see how this might play out in one important area - poor marital communications. Instead of blaming your spouse, this approach would lead you to assume responsibility and take steps to improve the quality of your marital communication.

Deciding to take control of communication problems might force you to ask:

1. Am I raising this issue at the wrong time? Maybe I can’t get him to talk because I haven’t thought enough about when to talk.

2. Am I raising this issue in the right manner? Is there a better way to raise this?

(a) Am I speaking too loudly? If I spoke softer would that be less threatening?

(b) Am I making it appear that the issue is 100% his fault?

(c) Am I too tense to effectively raise the issue right now?

(d) Am I dealing with one issue at a time or am I driving him away by raising too many issues?

(e) Do I only want to talk when I have issues to raise? Maybe I should just go for walks with her. If we first relearn how to simply talk to each other, maybe we can later learn how to discuss issues without the roof flying off.

(f) Could I be less threatening? Might I suggest to him, “you know this thing has been bugging me for quite a while, do you think it would help if I (_________)? Can we work this out together?

(g) Am I making “I” statements or “You” statements? See the difference between the two in https://en.wikipedia.org/wiki/I-statement.

3. If I become a better listener maybe he will become more open. Listening is a skill that can be learned and improvement can lead to more rewarding communications. See https://www.boloji.com/individuality/06029.htm

(a) To listen better, remember that God gave you two ears and one mouth. Therefore, listen more than you talk.

(b) Get him to feel listened to. Regardless of how much he has wronged you in the past, he feels pain. Listening to him will reduce his pain. Usually, that will also reduce your pain and improve communication

(c). Don’t be defensive or he may stop talking. If he says something mean or insulting, you can choose not to respond. Just allow him to keep talking. If you can agree with something he says, then you might do so.

(d) If he really opens up, he may feel that you have changed drastically. If you try this several times, something major might happen. That something may be a miracle.

(3) Is he so deprived that he can’t listen? If you successfully filled his needs, he would likely want to and could more effectively discover and fulfill your needs. See Willard F. Harley’s book, His Needs, Her Needs or his website, www.marriagebuilders.com. Dr. Harley uses concepts of the Love Bank, emotional deposits - fulfilling important emotional needs, and withdrawals from the Love Bank to discuss how to create romantic love and marital happiness. His writings are worth reading and rereading so that the nuances and subtleties are fully understood.

(4) One person can make the difference in the whole marriage relationship. See Michele Weiner Davis and her books at www.divorcebusting.com. See also Susan Page and her excellent book How the One of You Can Bring the Two of You Together https://www.susanpage.com/allbooks.html). Both suggest that you become a detective and figure out how your actions affect your spouse and how you can improve a marriage through your own efforts. It takes insight and effort, but your efforts can effectively change the dynamics of your relationship.

(5) If you have religious convictions, you should ask that God’s Spirit fill you with love; give you patience, endurance and insight; rewarding you with a long and happy relationship. Certainly not all marriages can be “fixed” by one spouse. But, too many give up too soon because they don’t see a viable alternative.

There is a lot you can do to avoid becoming a victim of a bad marriage. Success may come slowly, but by reflecting and taking steps to positively affect the dynamics in your relationship you may be able to improve your marriage to where it can become a place of happiness and fulfillment. If your best efforts don’t meet with success, consider marital counseling. I have had clients who were ready to give up but a commitment to try counseling and make necessary changes made all the difference.

A significant handicap that can prevent progress is the refusal or inability to go first. We can change ourselves; it is difficult to change someone else. If you demand that your partner go first you may wind up in a power struggle. If both partners know things need to change, but they are waiting for the other to go first, there is no progress. It is easy to see the fault in others. The Bible speaks of seeing the speck in someone else’s eye, while not noticing the beam in one’s own eye (Matthew 7:3). Decide what steps you can take to show you are giving your spouse another chance. What can you do that signals a real change? Don’t assign blame for the current state of your marriage, assign responsibility only to yourself, in terms of what you can do to improve the situation. Your change will invite your partner to change. Anytime there is a relationship and one person changes, the dynamics change.

You efforts may lead to both insight and success. If they don’t, you can honestly look back knowing that you applied both your intelligence and your will. May your best efforts be amply rewarded.

……

The above is not intended to serve as legal advice. You should consult an attorney.

Raymond J. Pater, Esq.
PATER LAW, PC
714 Michigan Ave, Ste B
Holland, Michigan 49423
(616) 396-8883

Copyright © 2012 by Pater Law, P.C. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.

Raymond J. Pater, Ottawa County Michigan Family Law attorney serving Holland, Zeeland, Grand Haven, Jenison, and the Lakeshore community.

Knowing who to choose as your family law attorney can be difficult. Michigan has an abundance of attorneys and some need the business and advertise their specialized knowledge in divorce. One local attorney “specializes” in representation and defense of all areas of family law, plus criminal defense, civil litigation including personal injury, wrongful death, civil rights, police misconduct, Bankruptcy, estate planning, business law and civil, criminal, tax and bankruptcy appeals. There isn’t much law that he doesn’t claim to specialize in. With the downturn in the Michigan economy, many of the larger firms no longer farm out divorce cases.

What criteria should you use to choose a lawyer?

1. Meet with the attorney and if you feel uncomfortable, choose another attorney. There are many who want your business. Don’t settle for someone when there are lots of choices.
2. Does the attorney have a sane and sober demeanor? You need someone who will encourage good behavior and discourage bad behavior. Divorce and custody disputes can be emotional without an attorney adding fuel to your emotions. Adding fuel to the fire may initially make you feel good, but the final result may be expensive, both emotionally and monetarily. Look for someone who has a combination of being experienced, reasonable and aggressive. Raymond Pater has over 25 years experience.
3. Is family law one of the firm’s 100 specialties? If so, you may decide to look elsewhere. Raymond Pater focuses his practice on family law and collections.
4. Does the attorney have a high peer review rating with a nationally known rating agency? Raymond Pater has earned the Martindale Hubbell rating of “BV© Distinguished” with Very High Ratings in both Legal Ability and Ethical Standards.
5. Check billing rates. Many attorneys bill in quarter hour increments. Each six minute phone call is charged a 15 minute minimum (1/4 hour). Raymond Pater bills in tenth of an hour increments. A six minute phone call is billed as six minutes (1/10 hour).

Contact Raymond Pater at 616-396-8883 or at rpater@paterlaw.net if you need legal representation in a divorce, custody, parenting time, child support or spousal support dispute.

The above is not intended to serve as legal advice. You should not rely on the above, but should consult an attorney.

Raymond J. Pater, Esq.
PATER LAW, PC

714 Michigan Ave, Ste B
Holland, Michigan 49423
(616) 396-8883

Copyright © 2012 by Pater Law, P.C. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.

Raymond J. Pater, Ottawa County Michigan Family Law attorney serving Holland, Zeeland, Grand Haven, Jenison, and the Lakeshore community.

There are several ways a Court Order may enter that would direct that a “father” pay child support for a child who is not his and whom he did not adopt.

The first way is if a man gets served a Summons and Complaint in a paternity action alleging him to be the father and after he fails to file an answer a Default Judgment enters. Some people wait too long to challenge a lawsuit, mistakenly believing that a good defense can be raised at anytime. Unfortunately, that sometimes leads to a breakdown in justice.

Another way a father can be ordered to pay child support for a child that his not his biological child, is if a Divorce Judgment lists him as being the biological father and he later determines that indeed he was not. The Court may find in particular circumstances that the Doctrine of equitable estoppel may be used to estop (prevent) the “father” who is not biologically related to the child from denying responsibilities associating with paternity. That usually applies when the father has stated that he will provide support for the child and the mother has relied upon that promise to her detriment. Perhaps, by the time a Court case has started the biological father can no longer be located or for other reasons the Courts enforces the promise and prevents the father from raising the defense that he is not biologically related to the child.

Equitable estoppel arises when one causes another, by acts, representations, or silence, intentionally or through culpable neglect, to believe in the existence of some material fact and to detrimentally rely on the existence of such fact. Nygard v Nygard, 156 Mich App 94; 401 NW2d 320 (1986). This theory may be applied to a divorce proceeding to prevent a father from alleging non-paternity. It also can be applied against a mother when she has always misled the husband into believing he was the father of the child.

Likewise, a biological father can not seek entry of a Court order directing a married woman to consent to a blood test of her child against her and her husbands wishes. The Court protects the sanctity of marriage to prevent a third party form challenging that marriage by requiring blood or paternity testing. In another case, plaintiff married defendant knowing that she was carrying a child for whom he was possibly the biological father. More importantly, plaintiff held himself out as the father and supporter of this child for more than nine years. Even if plaintiff were not the biological father of the child, by marrying defendant he forecloses any action by her to seek support from the child’s biological father. Actions under the Paternity Act are authorized only where the woman was unmarried from the conception to the date of birth of the child. MCL 722.711(a) and (b), 722.714(b); MSA 25.491(a) and (b), MSA 25.494(b). Johnson vs. Johnson, 93 Mich App 415 (1979)

The above is not intended to serve as legal advice. You should not rely on the above, but should consult an attorney.

Raymond J. Pater, Esq.
PATER LAW, PC

714 Michigan Ave, Ste B
Holland, Michigan 49423
(616) 396-8883

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Raymond J. Pater, Ottawa County Michigan Family Law attorney serving Holland, Zeeland, Grand Haven, Jenison, and the Lakeshore community.