MICHIGAN DIVORCE REFEREE HEARING

FYI-Domestic relations referee hearings; judicial review. §1.26.

The domestic relations referee must schedule a hearing within 14 days of receipt of the motion and must notify the parties’ attorneys or unrepresented parties. The notice must clearly state that the matter will be heard by a referee.

Posted here by Flint Divorce Attorney Terry R. Bankert http://www.attorneybankert.com. Flint Divorce Lawyer Terry R. Bankert can be reached at 810-235-1970.Primary sourceMichigan Family Law Benchbook ch 1 (ICLE 2d ed 2006), at http://www.icle.org/modules/books/chapter.aspx/?lib=family&book=2006553550&chapter=01 (last updated 01/20/2012). Additional articles on Bankruptcy and Divorce. http://occupyflintlegal.wordpress.com/

Within 21 days after the hearing, the domestic relations referee must make a statement of findings on the record or must submit a written report to the court, including findings and a summary of the testimony. A recommended order must also be submitted and served on the attorneys or unrepresented parties, and proof of service must be filed with the court.

A party has the right to judicial review of any matter that was the subject of a referee hearing and resulted in a statement of findings and a recommended order. The party must file and serve written objection and notice of a hearing on the parties or their attorneys within 21 days after the domestic relations referee’s recommended order was served.The domestic relations referee must schedule a hearing within 14 days of receipt of the motion and must notify the parties’ attorneys or unrepresented parties. The notice must clearly state that the matter will be heard by a referee.

A judicial hearing must be held within 21 days after an objection is filed, unless the court extends the time for good cause.

The court hears the matter de novo, but the parties can stipulate that the judicial hearing be based solely on the record of the referee hearing.

Hearings on income withholding. If the hearing concerns income withholding, the referee must arrange for a recommended order to be submitted to the court forthwith. If the recommended order is approved by the court, it must be given immediate effect.

Benzie County

Benzie County
http://www.benziecounty.com/
PO Box 398Beulah, MI 49617(231) 882-9671
Area: 321 smEst: 1863Pop: 15,998Pop/sm: 49.8Seat: Beulah
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Terry R. Bankert P.C.

http://attorneybankert.com/