For all their hype, the men behind the Fab Five continue to disappoint fans, supporters and alumni of the University of Michigan.

First it was Chris Webber's phantom time-out vs North Carolina in the 1993 Final Four game.  Then the premature abandonment of the University of Michigan Basketball Program by the headliners of the group, Webber and Jalen Rose.  Next, the final four banners were removed from Chrysler Arena due to the Ed Martin booster scandal.

This month, it's two criminal convictions right here in Oakland County; one for Jalen Rose, who's doing 20-days in the Oakland County Jail on a sentence from 48th District Judge Kim Small; the other is for charges of felony child support against Jimmy King.  According to the Michigan Attorney General, King owes nearly $18,000 in child support arrears.  He was arrested in Detroit.

Both men are currently detained in the OCJ.

Attorney General Bill Schuette was quoted in the Detroit Free Press as saying, "when it comes to child support, no matter who you are, you have to play by the rules."

It's a shame that these men have never played by the rules; it's a shame that they continue to cast a pall over the University of Michigan.

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As the High Court's term comes to an end this week, SCOTUS is issuing opinions by the day.  One of those announced this week was the South Carolina case involving a father's contempt proceeding for failure to pay his child support.

The case, Turner v Rogers, involved a series of contempt proceedings conducted in the family court.  Father failed to pay his support, so he was repeatedly jailed, once for a 12-month stint.  Neither father nor mother were represented by counsel in the proceedings.

The case wound its way through the South Carolina court system.  By the time the case arrived at the SCOTUS, Turner had long-completed his 12-month stint in the county jail.

SCOTUS, in reversing his conviction, nevertheless held that a person involved in civil contempt hearings, as a matter of Due Process, was not entitled to an attorney.  The reasons for this are because the opposing party is not the state but rather, the mother of the children.  Also, the High Court found that in such proceedings, Due Process is satisfied by providing the support payor with a form to elicit financial information, providing him notice of a hearing, and by conducting a brief hearing on the payor's finances relative to his obligation.

In this case, Turner's conviction was reversed (even though he completed his jail stint) because he was not provided with a financial disclosure form, was not provided an attorney, and the family court erred by failing to make relevant factual findings that father was able to make the support payments when it found him in contempt.  Basic stuff.

Here is a piece of scholarly criticism of this SCOTUS decision in the blog Concurring Opinions that has already shown up in the blogosphere.

Bottom line: pay your child support obligations.

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A new version of a "New York minute", or just another sign of the times? A law firm in New York City is offering clients divorce in under an hour, and for less than $500, not including filing fees, courier expenses, and other fine print.

For the low fee, clients meet with a paralegal and lawyer at the NYC firm to provide their personal information.  The details of their settlement are also, briefly, discussed.

The clients are next provided a ten dollar gift certificate to either McDonald's or Starbucks to burn-up the last hour of their ill-fated marriage while the law office prepares the canned document package for a "one-size-fits-all" divorce.

You cannot have issues, however, or it will cost you extra. The basic premise is that the divorce has to be absolutely 100% "pro confesso" (i.e. uncontested). Basic input is collected from the client and a set of pleadings are prepared within the alotted hour. A judgment is generated and executed for entry and filing with the court at the appropriate time, usually six months.

Hopefully nothing changes during the statutory wait period, or all bets are off. Also, under general rules of legal ethics, the firm could not represent both parties to the divorce; but they've apparently figured out which one is their "client".

If the divorcing couple has children, property, or needs support, these issues can be handled in an hour; but will cost more than double. A Prenuptial agreement would all but disqualify the client from the discount program, although a "conventional" divorce would still be available.

Perhaps the firm is onto something; anyone facing the stress and uncertainty of divorce will appreciate speed of service combined with an affordable price package.  The potential for a conflict of interest, however, is troubling.  Also, when something this important is done this fast, regrets are par for the course, and in some cases, missteps will be taken by either the client or the firm from Gotham.

If you are facing the stress and uncertainty of divorce, our law firm provides excellent service for reasonable fees.  We would be happy to provide a free legal consultation.

www.clarkstonlegal.com

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You are a non-custodial parent planning a vacation to Cancun with your kids. Your passport has lapsed and you apply for a new one, along with your children. Instead of receiving your passport, you get a letter from the Secretary of State denying your applications. Why?

Because you owe more than $2500 in child support, and because the custodial parent must assent to the passports for the kids. Child support enforcement has had a federal component for several years now.

Back in 2001, the U.S. government mandated that states align their child support accounts with state-wide computer programs. In Michigan, all county Friends of the Court have implemented the Michigan Child Support Enforcement System (MiCSES). MiCSES then certifies the support owed and reports those in arrears over $2500 to the Office of Child Support Enforcement, which is under the U.S. Dept of Health & Human Services (DHS). Next, DHS notifies the State Department which denies the passport application.

Also, in cases of divorce or custody disputes, both parents must execute passport applications for children under age 14 pursuant to the federal Two Parent Consent Law passed back in July 2001.

Once you are on the State Department's list, you do not automatically come off, even when the arrears are paid. Eventually, your passport will lapse and you will be unable to get a new one without a hassle. In addition, you may be stopped at the boarder unable to leave or re-enter the country. If this occurs, the DHS has summarized the steps you should take on its useful website: http://tinyurl.com/mdael3.

The MiCSES state-wide computer program has several automatic enforcement components in addition to passport denial. The computer automatically reports certified arrears to the U.S. Treasury and the State of Michigan for tax refund intercepts. Arrears are also automatically reported to credit bureaus.

If you are owed child support, or want to address an arrearage, contact our law office to discuss your options.

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, may be submitted to Governor Granholm yet this legislative session.

The new provisions will provide modest indeterminate relief to the State of Michigan by replacing expenditures for other "means-tested" assistance programs. The proceeds gained from gambling and litigation windfalls are also expected to reduce administrative costs involved in tabulating and collecting child support.

If you are receiving child support or alimony, and are aware that the payor in your case has experienced a windfall, contact us to explore your rights to these proceeds.