Michigan Law

  • Can a Younger Child Decide Which Parent to Live With?

    The Court may take into consideration the preference of a minor child when it comes to which parent gets physical custody in a divorce proceeding.

    Young Sarah was distressed that her parents were getting a divorce, and she did everything she could to try to bring them back together, including being on her best behavior with cleaning her room and doing chores. But when it was clear the divorce would happen, she was faced with the most unpleasant task of all -- deciding which parent she would live with.

    Her parents were as conflicted as 12-year-old Sarah regarding the child’s permanent residence. Her father, Martin, thought she should live with him because he provided an even temperament and steady hand when it came to school and sports. Her mother, Molly, thought Sarah should live with her because she needed emotional support and nurturing, particularly during this stressful period in her life.

  • Can We Set Different Child Support Payments from What the Court Recommends?

    Toburen Law helps with changes to child support payments that deviate from the Michigan Child Support Formula.

    High school seniors Bob and Jamie dated for a few months and broke up, only to find out weeks later that Jamie was pregnant with Bob’s child. Over their parents’ objections, they tried to smooth over their differences by getting married soon after graduation. After two years of marriage, the couple divorced when it became clear they weren’t compatible in the long run.

    While Bob and Jamie fought over a number of issues while they were married, the divorce was amicable as both loved their daughter. Jamie knew Bob would try hard to help care for their child, but she also knew he was struggling to make ends meet with his new job. Jamie decided she could accept reduced child support payments to help Bob get established. She also knew that Bob’s child support payments could be increased later as his financial situation improved.

  • Estate Planning FAQ: What are the requirements for a formal (typed) will?

    For a formal, typed, will (called an “attested” will), there are three requirements that must be met for the will to be valid and enforceable:

  • Estate Planning FAQ: What happens if I die without a will?

    A person who dies without a will is said to have died intestate. If you die intestate, your estate will be distributed according to state law, not according to your wishes. With very few exceptions, only family members will inherit your estate if you die intestate. If you want to leave money to a close friend, church, or charity, for example, you need to have a will.

  • Estate Planning FAQ: Is a handwritten will valid in Michigan?

    Yes, if certain requirements are met. In order to be valid, a handwritten, or holographic, will, must meet the following criteria:

  • What Happens If My Boyfriend/Girlfriend Dies Without a Will?

    My boyfriend and I were together for more than 10 years, but we never married. He recently died without a will, and he never listed me as beneficiary on his life insurance and 401(k). Do I have a right to inherit a portion of his estate?

  • What Will Happen to My Kids if I Die?

    The only way to be absolutely certain that the person(s) you want to be guardian of your minor children is selected in the event that both you and your partner pass is to have a valid will in place.

Mike Toburen - Attorney at Law   

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Attorney Mike Toburen

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230 Fulton St E, Suite 7
Grand Rapids, MI 49503

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