Sunday, May 31, 2009

Casino Winnings & Lawsuit Proceeds to be Attached for Child Support Arrears

The Michigan Senate is expected to pass a pair of bills designed to utilize proceeds derived from lawsuits and casino winnings, to satisfy past-due child support. The new law will require the recipient to provide notice of the expected windfall to the custodial parent.In the case of lawsuit proceeds, the child support-payor's family court lawyer, or the litigator that obtains the proceeds for the payor, will be responsible to provide notice via ordinary mail of the payor's gains to the custodial parent. Gambling proceeds would be tapped when the casino checks a winner's name against a list of "deadbeats" supplied by the Michigan Support Disbursement Unit.The bills, currently under consideration in the Senate's Family and Human Services Committee,...

Identity Theft Concerns in Family Court Orders

The Michigan House of Representatives introduced a trio of bills which will require judgments of divorce, orders of filiation (between non-married parents) and child support orders, to omit parents' personal information. Note: a parent's name and address are deemed outside the scope of the phrase "personal identifying information", as that term would be used in the legislation. Personal information is defined as: telephone number, driver license or state personal identification card number, Social Security number, place of employment, employee identification number, employer or taxpayer identification number, government passport number, health insurance identification number, mother's maiden name, demand deposit account number, savings...

Monday, May 25, 2009

Oakland Prosecutor Rejects "impaired" Plea Bargains and Declines Sobriety Court Participation

Jessica Cooper has demonstrated a top-down command structure since taking over the prosecutor's office in January. One of the commands from the top is that first-time drunk drivers charged with operating while intoxicated (OWI) are no longer offered the customary plea reduction to operating while "impaired". This new policy may result in unnecessary jury trials.Having an OWI reduced to "impaired" provides two advantages: less stringent mandatory driver's license sanctions ordered through the Secretary of State (60-90 day restricted license compared to a 6-month hard suspension), and a lower driver's responsibility fee ($500 for two consecutive years, compared to $1000 each year). Other fines, costs and attorney fees are higher in the OWI...

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