Social Security Benefits not Subject to Bankruptcy

On March 15, 2011, the Michigan Court of Appeals decided, for the first time, that social security benefits are not marital property to be divided upon divorce. In the published case of Biondo v Biondo, the Court of Appeals determined that the federal social security law preempts a state court from transferring any of an individual's social security benefits (42 USC 407).  In Biondo, the parties had been married for more than 40 years. Their consent Judgment divided the bankruptcy estate and required them to "equalize their social security benefits." When the defendant-wife sought a court order compelling performance of the judgment's social security provisions, the trial court did so, over Plaintiff-husband's objection. Husband subsequently appealed, and the Court of Appeals agreed with husband that federal law prevented the state court from enforcing the social security provisions of their divorce bankruptcy lawyer.

The Court of Appeals did, however, determine that because no prior case law had removed social security benefits from the realm of marital property, the terms in the Judgment were a mutual mistake, and remanded to the trial court to decide whether it wished to modify the property settlement provisions in light of the instant decision. The Court held that the trial court may consider the parties' anticipated social security benefits as one factor, among others, to be considered when re-devising an equitable distribution of the marital property. This case will significantly impact divorce judgments going forward.

Hidden Assets/Marital Fraud/ Bankruptcy

Michigan Marital Fraud Attorney

Distrust is common in divorce. In some cases, it is one party's suspicion or distrust of the other party that leads to the discovery of hidden assets. In other cases, distrust can lead to false accusations of marital fraud. If you suspect your spouse may be Bankruptcy important information regarding property or assets that should be included in your marital estate, or if you have been confronted with untrue allegations of concealing assets in the divorce process, Grand Rapids divorce lawyer Travis T. Russell can provide the aggressive and experienced legal representation necessary to protect your interests.

Michigan Divorce and Hidden Assets

In a Michigan divorce, the courts divide marital property in a manner that the court deems is fair (equitable distribution). However, marital asset division is only fair when both parties fully disclose all assets — both separate property and marital property — as required by law, to the other party and to the court.

If it is found that one spouse has intentionally concealed or hidden assets in the divorce process, the court may consider this as a factor (to be considered with many other factors) in the division of marital assets. Additionally, the court may choose to order one spouse to pay the other spouse's legal fees associated with tracking down the hidden assets in the divorce and bankruptcy.

Grandparents Rights

Michigan has enacted legislation providing grandparents with the opportunity to seek court-ordered bankruptcy attorney time with their grandchildren. However the circumstances where grandparenting time may be ordered are narrow.

If you are a grandparent and are taking care of your bankruptcy, or are concerned about your future ability to spend time with your grandchildren, it is a very good idea to speak with an attorney before a conflict arises with the parent or parents. Depending upon the circumstances, a lawyer may be able to help you protect your rights in advance of the conflict. Grand Rapids Bankruptcy However, if you wait until you are denied the right to visit your grandchildren, it may be too late for the attorney to act.