Michigan Q&A by Practice Area

Show More Practice Areas »

Lawyers, Answer Questions  & Get Points Log In
Michigan Questions & Answers
1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: What does standards of novelty and nonobviousness mean? How does it apply to protecting a new food product?

I am trying to protect my new food product from being copied in the marketplace. How do standards of novelty and nonobviousness apply? Please explain?

Bill Hulsey
Bill Hulsey answered on Apr 28, 2020

they are requirements for a patent

1 Answer | Asked in Patents (Intellectual Property) for Michigan on
Q: Can a food recipe be patented? I have a food product that I want to protect from someone analyzing my food product.

I do not want my product copied. How can I protect it in the marketplace? What are the standards of novelty and nonobviousness? How will it apply to my product?

Bill Hulsey
Bill Hulsey answered on Apr 28, 2020

Yes. The standards of novelty and nonobviousness apply.

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: I'm making more money and I want to have an idea of what my child support will be once it is reevaluated?

I have 3 boys ages 9, 8, and 5. We live in Ottawa County, Michigan. My ex has full physical custody and we have split legal custody. I have parenting time every other weekend. She doesn't keep a job very long and when she does is usually minimum wage. I went from making ~$15/ hour to almost $30/... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 28, 2020

There is a lot that goes in to a child support calculation. Without knowing numbers, but assuming income attributed to the mother remains consistent, and nothing else changes except for your income doubling, you can roughly guesstimate that the amount you pay in child support will increase... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: my husband has parenting time during the weekday. With schools being closed and online learning how does that affect

My husband’s parenting time with his school age children is every other weekend Friday thru Monday and on the weeks he does not have the kids for the weekend he is ordered Wed night to Thursday. Normally when school is open his drop off is at school Monday and Thursday mornings. How should his... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 28, 2020

Most courts are operating under the guidance that parenting time should continue to the extent possible as if school remained open through the regularly scheduled end of the school year. In your husband's situation, ideally, he and the mother could negotiate a drop-off time and location. If they... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: Can i sue my current employer for low wages?
Brent T. Geers
Brent T. Geers answered on Apr 28, 2020

If you are receiving at least the state minimum wage or whatever wage you're contracted to receive, what would be the claim? If you're saying you are not receiving the amount you are otherwise entitled to, you can file a complaint with the state's department of labor for investigation.

1 Answer | Asked in Tax Law for Michigan on
Q: Are a church member's monetary donations tax deductible on their individual taxes if the church is not a 501c3?

Currently, I belong to a church (Michigan, USA) that is not a 501c3 organization. Contributing members have undergone an IRS audit and been told their giving to the church is not tax deductible because it is not registered as a 501c3. The leadership of the church is hesitant to go through the... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 27, 2020

You would need to speak with a CPA for a better answer concerning your particular situation. Nothing would preclude you from continuing to donate to this church, although your contributions are not deductible unless the church is recognized by the IRS.

If the IRS were to look back and...
Read more »

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can I put additional beds in the rooms where my none paying tenants for income. I have a 4 bedroom room and board

These are huge rooms I want to put four extra beds in the room basically my none paying tenants will share rooms. Also I gave these tenants 30 day notice to vacate before this covid 19 hit the end of February. So they are using this against me they are not working so it did not affect there jobs or... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 27, 2020

This is a terrible idea and could subject you to a constructive eviction claim, causing YOU to PAY these non-paying tenants as punishment.

1 Answer | Asked in Criminal Law for Michigan on
Q: Can a HYTA or automatic expungement recipient sue a newspaper to remove arrest article?

My son took his own life last year. 3 and a half years before that he burglarized 2 stores, was arrested, but entered into a HYTA bargain. 3 years later he had fulfilled his requirements and the charges were dismissed, had a job, owned his own house, had a dog and a girlfriend.

He lost his... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 27, 2020

My condolences on the loss of your son. Unfortunately, particularly in today's internet age, the "bell" cannot be unrung. The media reported what was true at the time: your son's arrest. HYTA means that there was no conviction as part of the disposition; however, HYTA does not eliminate arrest... Read more »

1 Answer | Asked in Child Custody for Michigan on
Q: childs father made a false exparte order and they came and took my child and suspended my rights as a parent until I go
Brent T. Geers
Brent T. Geers answered on Apr 27, 2020

You will need to file an objection to the ex parte order. You should do so promptly, and with an attorney's assistance if possible.

1 Answer | Asked in Small Claims for Michigan on
Q: Can a person be locked up for a small debt
Tim Akpinar
Tim Akpinar answered on Apr 26, 2020

As a general matter, debts are treated as civil matters, not criminal matters. They should not involve criminal charges. Your question remains open for three weeks, and this is as a general matter, without knowing what your individual situation involves. If any type of criminal charges should... Read more »

1 Answer | Asked in Tax Law for Michigan on
Q: hello! i have reason to believe my dad is partaking in tax fraud, how do i go about this?
Brent T. Geers
Brent T. Geers answered on Apr 24, 2020

You can call the IRS at 1-800-829-0433. They will investigate and take appropriate action based on their findings.

2 Answers | Asked in Tax Law for Michigan on
Q: hello! i have reason to believe my dad is partaking in tax fraud, how do i go about this?
D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 24, 2020

That depends on what kind of fraud you are trying to go about. The bar association and the IRS tend to frown on attorneys teaching people how to commit tax fraud so I will not be providing examples. Maybe your dad could show you how.

View More Answers

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My landlord sent me a letter that he is increasing the rent by $300 July 1st. can he do that right now with COVID?

That is the end of my lease.

Brent T. Geers
Brent T. Geers answered on Apr 24, 2020

Quite likely, yes. Your landlord is providing you notice. It sounds like that new rate would be conditioned on you renewing your lease, which you have the option not to do.

2 Answers | Asked in Divorce for Michigan on
Q: I'm trying to get legal aid help with my divorce. How do I go about doing it? I have very low income..
Kendra Ortega
Kendra Ortega answered on Apr 23, 2020

If you are in West Michigan, go to the Legal Aid of Western Michigan website and click on "I Need Help." You will participate in a online screening tool to see if you are eligible for assistance.

View More Answers

1 Answer | Asked in Employment Law for Michigan on
Q: My employer is implementing a plan to make all employees scan their temperature before they can work. Is this legal??

This seems like harassment to me to make people scan their temperature before they can work. If they are determined to have a fever they will be sent home. When they send people home they are making them stay gone for 7 business days before they can return to work and I'm not sure where they came... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 23, 2020

It is legal, and you'll likely see more of it in the coming months.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: Can I file a police report against tenant who is causing serious property damage & creating serious health hazard?
Brent T. Geers
Brent T. Geers answered on Apr 23, 2020

Possibly. Although it will be up to the police to determine whether a crime occurred.

1 Answer | Asked in Child Custody, Child Support and Family Law for Michigan on
Q: No agreement no custody... ex has personal issues and trying to take my kids. But we have had a verbal agreement for 2y

Can she just take them I just got them monday

Brent T. Geers
Brent T. Geers answered on Apr 23, 2020

Are you the legal father? (e.g. affidavit of parentage signed and on file with the state). You cannot expect the court to enforce an agreement it did not make or have record of. You should file a custody action so that you get a written order that can be enforced in the future.

1 Answer | Asked in Appeals / Appellate Law for Michigan on
Q: I would like to speak to someone regarding a pro bono appeal attorney. I am extremely unfamiliar with legal issues.

I'm really not sure where to start. Thank you. Mindy Myers

[email protected]

740-438-4657

Tim Akpinar
Tim Akpinar answered on Apr 22, 2020

It would be best for a Michigan attorney to advise you, but it is important for you to learn sooner than later that this is not an attorney referral service. It is only a Q & A board. Time is of the essence in virtually any type of appeal, so it would be better for you to start making phone calls... Read more »

1 Answer | Asked in Family Law for Michigan on
Q: What legal parental rights do I have before I see a judge?

my son of 2 years is being withheld from me by the mother after a breakup. she refuses to allow me to see him until we see a judge.

Brent T. Geers
Brent T. Geers answered on Apr 22, 2020

Unless your case warrants ex parte relief, there is not much that can be done until you see a judge.

1 Answer | Asked in Civil Litigation for Michigan on
Q: How can my ex be persecuted for stealing my nudes and selling them for money?

Hi,

In a hypothetical situation- if someone has a boyfriend who has been stalking them and on camera admitted to stealing their naked photos what can legally be done?

Additionally, what if proof is founded that he has been selling these photos online for money? what can happen to... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 22, 2020

Probably a good first step would be to seek a PPO; immediate safety from stalking is paramount. Second, civil liability for the pictures will depend on the circumstances those pictures were taken. If they were taken during good times (i.e. some consent to the pictures is stated or implied), I'm not... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.