In order for the “non-custodial parent rule” to apply four (4) requirements must be met:
1. Over half of the child support for the year must be provided by one or both parents.
2. Parents must be divorced or separated under a written agieement at the end of the year or have lived apart for the last six (6) months of the year.
3. The child must be in the custody of one or both parents for over half the year.
4. The custodial parent must sign a written declaration releasing to the non-custodial parent the right to claim the designated child as a dependent for the year. (IRS Form
8332).

The Michigan Court of Appeals has held that the State Courts have the authority to award dependency exemptions for children of the marriage. It is also of note that parties are free to agree upon the allocation of exemptions. Once agreed to, the provision becomes enforceable as a Court Order. Whether parties agree on the allocation of exemptions for children or it is decided by a Court, it is important to review all information concerning tax consequences of a divorce. IRS Publication 504 has detailed information concerning all tax breaks and exclusions for people who are divorcing or separated.

* This information is for informational purposes only and should not be considered to be tax advice.

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Call today to set up an inittial consultation at no charge to you for one of our experienced attorneys to review your matter and explain to you your options.

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We offer an initial consultation at no charge to you to evaluate the facts and circumstances of your matter and to thoroughly explain to you the nature and consequences of the crime that you are charged with and potential outcomes.

Call today to schedule your appointment.

The post Burglaries/Theft Charges appeared first on Neal D. Nielsen & Associates - Howell Michigan Attorneys.

Call today to schedule an appointment to have your matter thoroughly reviewed. Your initial consultation is no charge to you.

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Many changes have taken place in Michigan in the past 10 years that have significantly affected drinking and driving laws. In Michigan the “legal limit” is .08. This means if a person’s operating a motor vehicle in Michigan with a bodily alcohol limit of .08 or more you may be charged with operating while intoxicated. Further changes have taken place where you can be charged with a felony if you have 2 or more priors in your entire lifetime. Additionally, under Michigan’s new “Super Drunk” law, you will face enhanced penalties if you have a bodily alcohol level of .17 or greater.

There are man collateral consequences that you will face outside of the courtroom. Michigan Secretary of State will take license action against your driver’s license that may include restrictions on your driving privileges, suspensions or revocation of your driving privileges. Additionally, you could face thousands of dollars in “driver’s responsibility fees”.

A substantial part of our practice is defending individuals charged with drunk driving. Call today for a free consultation with one of our experienced defense attorney and for a thorough review of your case.

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As with all other crimes, assault charges are very serious. You will be facing potential jail and/or prison sentences ranging from 93 days for an assault and battery to life in prison for assault with intent to commit murder, in addition to heavy fines and costs and probation. A conviction can also impact your ability to carry a firearm as well as cause you to lose your ability to hunt. The impact of a conviction of this or any other crime could have an impact on future imployment as well as financial aide for those pursuing their education.

In most assault cases the prosecutor will be relying on the testimony of witnesses that are generally not police officers in order to prove their case. Many times, the witnesses can be discredited as they may be in a state of intoxication or themselves be the aggressors. As skilled defense attorneys we are able to cross examine witnesses and discredit eyewitness accounts of prosecution witnesses.

In Michigan a person has a right to defend themselves. Where a person has acted out of fear for their own safety or the safety of others, it may be possible to present a strong argument for self defense. The prosecution in Michigan must prove the Defendant did not act in self defense if it can be properly demonstrated that one was acting out of fear for the their own safety or the safety of others.

It is important for there to be a thorough investigation of each and every case. A thorough investigation would include interviewing all witnesses who could provide verification and/or other credible evidence to present a thorough and complete defense.

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NEXT STEPS:

Whether divorce, child custody, parenting time, child support, spousal support, there are various ways in which these matters can be resolved:  litigation, mediation, arbitration and/or negotiated settlements with attorneys.  While the circumstances of each case dictate which step is best for you, it is important to make an informed decision once a thorough review of your case is concluded.  If you are facing any of the following family law issues, let one of our experienced family law attorneys review your case today.

• Divorce
• Child custody
• Alimony
• Change in domicile
• Child Support
• Spousal Support
• Parenting time
• Property distribution
• Paternity
• Modification of existing orders
• Domestic violence
• Third party custody
• Qualified Domestic Relations Order

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THINKING ABOUT DIVORCING YOUR SPOUSE?

Even if you aren’t sure divorce is the right solution, you can take steps to protect yourself. We provide advice regarding your home, your financial obligations, and your children.

No matter where you are in the divorce process, our office can answer your legal questions and offer suggestions on how to plan for a divorce.

CUSTODY:

If you and your spouse have children, the divorce process often becomes more complicated.  Child custody arrangements will need to be worked out between the parents.  Our office has been negotiating and litigating these issues in the Family Court for over 30 years.

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• Anyone injured in an accident involving an automobile maybe covered – even a pedestrian or a bicyclist.
• More than one insurance policy may pay a claim. The insurance policies of the following persons should be considered: injured person(driver); injured person ( passenger); injured person (non-occupant); spouse; relative(s) in the household; employer. An attorney specializing in insurance coverages should be consulted.
• A person operating his/her own vehicle can claim, or sue for, money damages for pain and suffering only if the person was covered by automobile insurance. Avoid cancellation for nonpayment or after the end of the policy term.

B. THREE(3) TYPES OF CLAIMS ARE POSSIBLE AFTER AN AUTOMOBILE ACCIDENT

1. The first possible claim is for no- fault benefits. These benefits are payable even if the injured claimant caused the accident:
   • Medical and rehabilitative expenses. Many other expenses also are allowed besides medical bills: home modifications, care services provided by a family member, transportation costs, job training.
   • Accident Related Medical and Rehabilitative Benefits are payable for life.
   • Replacement of lost employment income for 36 months.
   • Replacement services up to $20.00 per day for 36 months1 This is reimbursement for out-of-pocket payments for household chores and the claim can be made by a family member.
   • A no fault benefits claim must be made within one year of the date of the accident.
   • In a fatal accident, a death benefit is payable to surviving dependants.
   • Vehicle repair if collision insurance was purchased.
2. The second type ofclaim is for damage to property (such as a fence, house or parked car).
3. The third type of claim is for money damages caused by negligence. An injured person may collect money damages in this type of claim for pain and suffering. In order to make this claim the injury must be death, or permanent serious disfigurement, or serious impairment of body function.
   • Money damages can be obtained from the inder insured protection an injured person’s policy. This coverage allows an injured claimant to request additional compensation from his/her own insurance company if the insurance coverage for the person at fault is too small to compensate for all injuries. An insurance specialist should be consulted to review this coverage which is not in every policy.
   • Money damages can be obtained from one’s own policy if the injurv was caused by an urnns[Qçl_rnotorist. This coverage is in every policy and the injured claimant makes this claim with his own insurance company.

C. MISCELLANEOUS

• For repair/replacement damage to a vehicle not insured for collision damages, the maximum that can be recovered from the party at fault $5OOOO (mini tort).
• Accidents involving motorcycles are subject to different rules, depending upon whether or not an automobile was involved.
• To make a claim against a bar for serving a drunk driver, the claimant must give written notice of the claim to the bar within I 20 days after an attorney-client relationship was commenced .
• A driver is required by law to drive safely and not to cause damages to people and property. Whether a driver is negligent depends on the unique circumstances of each case.
• The cancellation of auto insurance is governed by law and the interpretation of judges. The issues ofpayment, mailing, notification and policy language should be reviewed by an attorney.

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What follows below is an explanation of specific topics and areas of personal injury law. Each is unique in its own way with separate evidentiary and legal requirements.

Personal injury attorneys represent client who deserve compensation for a wide variety of wrongs. Claims are made in civil trial courts and the purpose is not only to recover compensation for injury but also accident prevention results from the review of unsafe and dangerous practices in the community at large or in the more narrow business community.

Therefore, the attorney and the claimant review standards of conduct generally imposed upon the community, whether by a statute or case law developed by appellate courts. The claimant must show that the person that caused him or her harm violated a standard or rule of safety and that this violation caused injury.

An intricate list of defenses and immunities can be raised by the person who is the subject of a claim and these concerns must be analyzed.

Evidence of the laws and reliability of witnesses also must be evaluated. Michigan follows specific court rules regarding evidence and a large body ofease law that interprets and applies these rules.

Finally, the damages element must be reviewed carefully because ultimately the claimant seeks money from the defendant.

Personal injury claims fall into numerous categories:

• Assault and battery
• Sexual assault
• Intentional infliction of emotional distress
• Fraud
• Malicious prosecution
• False arrest
• Liable and slander
• Invasion of privacy
• Conversion of property
• Motor vehicle negligence
• Claims regarding the sale of alcohol to intoxicated individuals (Drarn Shop action)
• Marital malpractice
• Legal malpractice
• Premises liability
• Product liability
• Slip and fall
• Construction site accidents
• Wrongful death claims
• Environmental claims

Each area has its individual requirements for duties and standards of care, violation of duties, causation and damages.

Each claim must be considered for statute of limitations regarding when a claim will not be allowed because too much time has passed.

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