FAMILY LAW - PUBLICATIONS
SUBSTANCE ABUSE AND DIVORCE: KEY LEGAL CONSIDERATIONS IN FAMILY LAW
Berry Moorman attorney and shareholder John J. Schrot, Jr. recently spoke at a Continuing Legal Education webinar on the topic of Substance Abuse and Divorce: Key Legal Considerations in Family Law. This was part of a Family Law presentation on Divorce Dynamics:...
Pets in Divorce
In this month’s American Bar Association Journal, I read an article discussing attorney Mark Cushing’s book entitled “Pet Nation: The Inside Story of How Companion Animals Are Transforming Our Homes, Culture and Economy.” The subject of his book is the generational...
Are you ready for divorce?
By: John J. Schrot Jr. If you are reading this you may be contemplating the prospect of divorce. Divorce is a significant decision, which undoubtedly will alter your life. A decision to divorce should be measured. A divorce generally takes much more financial and...
Substance Abuse and Child Custody: Alcohol, Drugs, and Emerging Cannabis Issues
Berry Moorman Attorney and Shareholder John J. Schrot, Jr., recently paneled a Continuing Legal Education webinar on the topic of substance use and abuse and its impact on child custody determinations. John Schrot and Jessica Prince, Policy Counsel at the Bronx...
Legal Marijuana and Family Law
By John Schrot, Jr.
Be careful if and when you light up, or otherwise consume, marijuana, as you may get burned. In spite of shifting legal and cultural norms, using recreational or medical marijuana can work to your disadvantage in divorce and/or child custody/parenting time cases.
Spousal support tax deduction change
by John J. Schrot, Jr.
The 2017 Tax Cuts and Jobs Act (the “Act”) was signed into law in December, 2017, and it changes the treatment of spousal support (alimony). Currently spousal support is tax deductible for the paying spouse and taxable as income to the receiving spouse, unless the parties otherwise provide in a judgment of divorce or separate maintenance. The spousal support deduction was enacted in 1948 with the idea that if a former family’s income is divided between the parties that tax treatment should correspond.
Unmarried Cohabitation Relationships
By John Schrot, Jr.
A client recently advised me that her daughter became engaged and the couple plan to marry in the near future. As the intended couple have only known each other briefly, she further related her belief that the couple should in the interim cohabitate to better understand one another; and, she asked me about the complications thereof. I suggested, in part, their use of a cohabitation agreement.
$20 Million Wrongful Conviction Settlement Is Marital Property In Divorce
By John J. Schrot, Jr.
Be careful with what you ask for. An Illinois man who was awarded a $20 million wrongful-conviction settlement has to divide same with the woman he met and married while in prison but is now divorcing. He cannot exclude this fortune from the marital estate, on a claim that it is his separate property, and therefore not subject to division in the divorce.
A Custodial Black Hole: Parenting Rights In A Post-Marriage Equality Act World
By John J. Schrot, Jr.
Technology continues to outpace the law, and logically will always do so. Family Law is not immune from the adverse consequences of playing catch-up. The repercussions are especially difficult when it affects the best interest of children.
Social Security Changes and Divorce
by John J. Schrot, Jr.
The 2017 Tax Cuts and Jobs Act (the “Act”) was signed into law in December, 2017, and it changes the treatment of spousal support (alimony). Currently spousal support is tax deductible for the paying spouse and taxable as income to the receiving spouse, unless the parties otherwise provide in a judgment of divorce or separate maintenance. The spousal support deduction was enacted in 1948 with the idea that if a former family’s income is divided between the parties that tax treatment should correspond.
Until Divorce or “Debt” Do Us Part – Marital Agreements in Michigan
By John J. Schrot, Jr.
“I love you, now sign here.” Most of us were taught the art of self-preservation at a young age, and that art should not be abandoned once we reach adulthood and begin to make life-changing economic, social and psychological decisions. Premarital (prenuptial) and post-marital (postnuptial) agreements are firmly rooted in contract law and are recognized in Michigan. Both simply afford some security in this age of increasing multiple marriages. Such agreements should not kill the romance, but should quell your fears about marriage and love.
Protecting Your Client’s Business in Divorce
By John J. Schrot, Jr.
Divorce can be bad business for your client. Mixing a business and its assets with a divorce can become financially and emotionally devastating for the divorcing couple and for its family, as well as for the business’ employees and co-owners. Division of property is usually the chief issue in divorce, and the business is usually the most valuable asset in a divorce. Planning can avoid this principal source of contention that occurs in a divorce. Avoiding a court battle will minimize the pitfalls.
