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Why the Child Tax Credit May Cause Issues for Divorced Families

April 21st, 2021

President Biden’s American Rescue Plan includes increased child tax credits. These can help parents dealing with tight budgets and technology demands related to virtual schooling. However, rules around the existing tax code and claiming child dependencies could mean that in some divorced families the wrong parent will get the money.

American Rescue Plan Act Sends Money to Families

In March 2021, President Biden signed the $1.9 trillion American Rescue Plan Act into law. This COVID-19 relief effort included money to provide for medical services, keep businesses open, and help schools. But some of the money was earmarked especially for families. The legislation included an additional child tax credit for families with one or more children at home.

The amount of the child tax credit depends on the age of your child: $3,000 per child ages 6 to 17, and $3,600 for children under 6. The law directs the IRS to send up to half the credit directly to parents beginning in July 2021. And that is where things can become complicated for divorced and single parents.

Divorces, Child Custody Orders, and Child Tax Credits

One child, one tax credit, regardless of the makeup of the family. When parents are married and filing jointly, there’s no problem. The couples are included on the family tax return, and the tax credits apply to the household income. But when parents separate or get divorced, the IRS says each child can only be claimed by one taxpayer -- generally the parent who has physical custody the majority of the time.

In many cases, that isn’t the best financial choice for the two families. If one parent is working less and maintaining their household through child support, they may be taxed at a significantly lower rate than the child-support-paying parent. Sometimes they may not owe any taxes at all, and the regular child tax credit would be of no benefit. In those cases, it may be better for everyone to negotiate a different arrangement for child tax credits. For example:

Splitting the tax credits for multiple children
Alternating years when each parent claims the dependent
Shifting the tax dependency to the higher wage-earner in exchange for increased child support or an agreement to split the benefit

Any time the parents do something other than the IRS default, they must fill out IRS Form 8332 to tell the government who is claiming the child tax credit that year.

In a divorce, if the parents can’t agree, the Michigan family court judge can determine who receives the tax credit as part of the property division. However, unmarried parents in a child custody dispute have no property issues before the judge. If they can’t agree to a different tax credit, the parent with primary physical custody will receive the tax credit automatically.

2021 Child Tax Credit Creates Headaches for Divorced Parents

Negotiations over who will claim the child for tax purposes assume a fixed amount of tax credits each year. This number is generally applied to a taxpayer’s tax return that reduces their income, giving them “credit” for expenses related to the child. The American Rescue Plan’s design -- putting money back into the hands of parents -- changes that assumption in ways that could create problems for separated parents.

The IRS will likely send the 2021 child tax credits to whomever claimed the child on their 2020 tax returns. As Elaine Maag of the Urban-Brookings Tax Policy Center told CNBC:

"That can potentially raise issues for children who are moving between parents or households and share custody situations. . . . One of the problems we have is that we determine this credit on an annual basis, and that just doesn't reflect how all children live,"

By applying the 2021 child tax credit over the course of the year, it could effectively give alternating parents the benefit of two years of dependency credits.

IRS Online Portal Could Help

The relief bill also included a provision requiring the IRS to develop an online portal to help distribute the advance payments. Maag and others believe this portal should allow parents to update their tax information and direct which parent should receive the increased tax credit.

Because mistakes are inevitable in a project this big and administered this quickly, the new law also creates a safe harbor for anyone making up to $40,000 (or $60,000 for couples filing jointly). They won’t be required to repay any overpayment of the credit. However, higher income families need to be on the lookout for credits they weren’t anticipating and shouldn’t have received. Since the IRS has been using direct deposit for many of the stimulus payments, some parents may not even realize they have received the money before it is spent.

Resolving Child Tax Credit Conflicts Through Mediation

COVID-19 has brought unexpected challenges to everyone in 2020 and 2021. Many parents have struggled to balance virtual learning and working from home, while others have had to scramble for child care as they maintained their positions as essential workers. Still others have found themselves unemployed and with limited income for more than a year.

Every family’s best use for the 2021 child tax credit will be different. Unfortunately, co-parents may not agree on who should receive the money, or how it should be spent. Still, filing a motion may have only limited benefits since the money could be gone before the matter comes before a judge.

The best option for families at odds over their tax credit may be mediation. At mediation, you and your co-parent can sit down with a trained facilitator to work through the details of how the tax credit payments will be used. Mediation can be very affordable compared to filing a motion in court, and it can often resolve the matter more expediently. Mediators are trained to help parties reach their own best resolution, while at the same time raising possible solutions neither parent may have otherwise considered.

At NSSSB, we help many couples and co-parents who come to us resolve their child-related disputes through mediation. Our Ann Arbor divorce mediators can help you answer the question of who will claim child dependencies and receive child tax credits, with or without attorney support. Click here to connect with our mediators.

Categories: Financial and Property Issues

Testimonials

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Thanks to your skill and caring, my daughter finally has a shot at a stable life. Our settlement allows her to maintain a relationship with her mother while having a secure place to call home.”

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To be an over-60 mother of two coping with divorce after almost 40 years of marriage has been incredibly challenging. Thank you for transforming this time into a meaningful learning and growing experience.”

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The work you do can really make or break the lives of people who are going through a divorce. I honestly think that if I had worked with someone else, it could have been a disaster.”

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You helped me get the fair treatment I deserved and didn’t let anyone take advantage of me.”

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Thank you for fighting hard for me today and explaining how the court will decide the amount of alimony & child support.”

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I can’t thank you enough for your tenacity, diligence, support and guidance. The conditions under which you worked would have tested the most patient person.”

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I will never forget how you flawlessly seemed to preempt opposing counsel’s efforts to divert attention from the critical issues. People remark over and over how lucky I was to have you as my attorney.”

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Hiring a divorce attorney—even walking into the office for the first time—is intimidating. As soon as I was greeted, my nerves were put at ease. Everyone I worked with was friendly, knowledgeable, and approachable.”

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From the first phone call to the end, Liz was friendly, caring and kind. She answered questions and explained issues I hadn’t even thought about.”

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Liz could not have been more of a perfect fit with me. She was firm when she needed to be and made my divorce as smooth and stress-free as possible.”

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Unlike my previous divorce attorney, Liz was the only one who understood my situation. Her mental support, as much as her legal work, helped me accept what would happen. Her diligence, strong sense of responsibility, and kindness convinced me that be…”

– Single man, Wixom

Working with Liz helped take the sting out of the divorce process.”

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Liz was clear, compassionate and kind. I appreciated her honesty in letting me know up front that she might not be able to help me. In the end, she did help, and I’m very grateful to her.”

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Divorce is not easy, and I was pregnant when I started this process. Liz made me feel at ease that everything would work out. I felt I could ask any question and receive an answer promptly and efficiently.”

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I felt like Liz had my best interest in mind. She made me feel very comfortable throughout the process.”

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Thank you Elizabeth for everything. I do not think the results could have been better.”

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Elizabeth and her staff treated me as a person with unique problems and found the right answers. I’m very satisfied with the outcome.”

– Husband, Ann Arbor

I appreciated working with an office of strong, confident women who treated me with equal respect. I felt confident knowing Lori was representing me in Court.”

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– mother, Ann Arbor

I always felt respected and heard, and the information I received was empowering. The firm’s use of technology created transparency for all collaborative team members. It literally kept us all on the same page and moving forward.”

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Lori did an excellent job of listening to what I wanted to accomplish and helped me achieve it in an efficient way. She explained everything to my satisfaction.”

– single man, Ann Arbor

To be an over-60 mother of two coping with divorce after almost 40 years of marriage has been incredibly challenging. Lori’s exceptional legal and people skills were so important in resolving impasses and turning a seemingly endless conflict in…”

– Single woman, Ann Arbor

Lori and the staff were great, and I felt I received sound legal representation. I think so highly of the firm and Lori that I’ve referred several other people to them.”

– Father of 3, Ann Arbor

All my experiences with this law firm were superb. Everyone acted like a genuine, caring person, way beyond the typical attorney/client relationship. Lori’s counsel prevented me from making a decision on the timing of my family that could have…”

– Single woman, Ann Arbor

Lori was very professional and helpful, never intimidating. I always felt I was in good hands.”

– Mother of 1, Ann Arbor

Lori did a great job in mediating my case. I felt the charges were reasonable and fully explained to me.”

– Single woman, West Bloomfield

Lori is fantastic. I felt she spent about the right amount of time on my case, and provided me with sound legal representation.”

– Single man, Milan

From the first meeting through the last detail, I received personal service. You knew who I was and cared.”

– Father of 1, Saline

Lori was very upfront and open, and the consistent honesty, courtesy and professionalism of each member of the firm impressed us. Considering our unusual circumstances, there were no surprises. You helped us understand the legalities of our situation…”

– Mother of 1, Ypsilanti

As a therapist, let me add my thanks for the fabulous job you did for my client. You showed such understanding and concern for all the emotional, economic and legal factors. Her future is on a much more solid path now.”

– Therapist of a domestic violence survivor

You worked for and achieved a win-win solution.”

– Father of 1, Connecticut

Lori showed compassion for my situation and acted quickly when she needed to, always looking out for my best interests.”

– Husband, South Lyon

How can I ever thank you enough for getting my daughter back to me? Such a priceless gift. You’ll never know how much your attentiveness, skill and knowledge of the law gave me security with the outcome. Thank your staff as well. They were always p…”

– Mother of 2, Connecticut

Bravo to you Karen. I am not at all exaggerating when I say to you that you are one of the top 2 mediators, among the many with whom I have dealt in my 42 years of family law work. Thanks for your thoroughness, well preparedness and attention to deta…”

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Lori was so professional. She relieved a lot of my stress in managing the divorce process, which I was trying to do on my own. Her fee was fair and appropriate to my case. I’m exceedingly happy with the entire experience.”

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I felt Lori’s real concern and caring for my kids, and depended on her support of me. Everything Lori did for us was excellent.”

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Karen helped me get through the hurt, chaos and confusion that comes with being blindsided by a divorce. She was ‘real’ and sympathetic at the same time.”

– Mother, Saline

Karen kept my interests at the forefront and didn’t push me toward decisions I wasn’t ready to make. She respected my choices, even when they didn’t agree with her advice.”

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I feel genuinely honored to have had Karen’s passion and intellect on hand to resolve an incredibly complex matter. I appreciate how ingenious her resolution was and the magnitude of the protections it provides for our client and her children.”

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I love working with attorneys like Karen. She is a fair, patient mediator who helped out client reach a settlement despite some unique circumstances.”

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Karen, words cannot express how appreciative I am to you for settling the case. You are a family law pro bono superstar.”

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I can hardly believe that, thanks to you Karen, my divorce was resolved in just two months. I’m feeling an overwhelming sense of relief–and am really in awe of how you work.”

– Father, Ann Arbor

Karen and her team are excellent, and the entire firm is full of people who care.”

– Father, Ann Arbor

Karen, you gave me so much knowledge and truly had an impact on my life and my children’s lives.”

– father, Ann Arbor

You have been such an incredible influence on me as a strong, independent woman. I learned so much from you and your confidence in me. I appreciate and respect you for all you did to help me find myself and decide where I’m going with my life.”

– Graduate student, Ann Arbor

Thanks to you, I’m living a very joyful life. Your expert counsel and skills as an attorney have allowed me to carry on in a way that has been truly wonderful. My son is back in my life and we are even playing hockey together.”

– Physician and father, Livonia

We so appreciated your willingness to listen and help us implement the unique desires of our family. We’re moving forward in a kind and respectful way, although we are all facing a blank page we never anticipated. With your leadership, we are able…”

– mediation clients, Ann Arbor

Karen, you are my hero. I’ll never forget everything you’ve done to help me start my brand new life.”

– single woman, Ann Arbor

Many thanks for your thoughtful, thorough approach during mediation. You turned something my husband and I had been dreading for months into a positive move forward for us both.”

– mediation client, Ann Arbor

It was a real pleasure to work with you, even if the purpose was our separation agreement. We will move ahead and be in touch if anything unexpected arises.”

– mediation clients, Ann Arbor

I immediately felt comfortable with Karen. The high level of communication was greatly appreciated given the tight timelines required.”

– mother, Ann Arbor

The work you do can really make or break the lives of people who are going through a divorce. I honestly think that if I had worked with someone else, it could have been a disaster.”

– Business owner and father of 2, Ann Arbor

From the moment I entered, everyone was personable, caring, and professional. For many businesses, that’s hard to do consistently—and you did. I was amazed how fast Karen communicated with me. My husband would have dragged out the divorce forever…”

– Mother of 1, Gregory

Thank you for all your help with my divorce. I really feel you may have been the most objective, level-headed and fair person among everyone involved.”

– Physician, Ann Arbor

Karen has a knack for helping people relax under pressure. She listens intently and explains the law in simple terms. Her firm has a positive and uplifting environment despite the serious nature of the work they do.”

– Wife, Ann Arbor

I was very pleased with all of the staff and I felt I was treated with compassion and respect. They handled the tactics of my wife’s attorney well and represented me with professionalism.”

– Husband, Lansing

I’m hoping we are the poster children for the benefits and positive power of successful mediation. Both my husband I feel we had an excellent team guiding us, and the process had immeasurable benefits to the well-being of our children. Our unif…”

– Mother of 3, Ann Arbor

I felt a lot better walking out of your office after our mediation session than I did walking in. I appreciate all you did to ensure we came to an agreement today.”

– Single woman, Ann Arbor

Thank you very much for making a new (and good) chapter of my life possible. I appreciate that you did a lot of extra things for me, and understand now why you came with such superb recommendations.”

– Single woman, Ann Arbor

Karen was as much a part of the solution as any counsel I have ever seen in any case. To get as much agreement as we got is a real testament to your ability to remain patient and forward-moving.”

– Attorney/Mediator, Ann Arbor

That was some pretty breathtaking lawyering. I can’t think of too many others who could have negotiated a win/win situation under these circumstances, especially in that short amount of time.”

– Mother of 3, Ann Arbor

I appreciated Karen’s professionalism, knowledge, and friendly approach.”

– Mother of 1, Ann Arbor

I can’t tell you how much my life has improved due to our interaction. Thank you so much for your intensely professional service.”

– Single man, Ann Arbor

You’re my all-time hero…you don’t know what it means to have someone of your integrity stand up for me after all I’ve been through. Thank you more than I can express.”

– Physician and mother of 3, Maine

I came to you for expertise and guidance, and in addition, you made me feel cared about and supported, which made all the difference in getting through the legalities of the divorce process.”

– Mother of 1, Ann Arbor

I will never forget how you flawlessly seemed to pre-empt opposing counsel’s efforts to divert attention from the critical issues. People remark over and over how lucky I was to have you as my attorney.”

– Father of 1, Ann Arbor

Thanks again, Karen, for your support, calming influence, professionalism, humor, and all-around good care. I’m sleeping better and enjoying the newness of spring; life is good.”

– Wife, Ann Arbor

Thanks to your skill and caring, my daughter finally has a shot at a stable life. Our settlement allows her to maintain a relationship with her mother while having a secure place to call home. Outcomes like this may be commonplace for you, but it wil…”

– Father, divorce/custody

I wanted you to know how much respect—profound respect, in fact —I have for you as an attorney. You are ethical, hard working, personable, and wise. I have seen you in the role of advocate, mediator, and arbitrator. You have an uncompromising com…”

– Attorney, Ann Arbor

I loved Karen’s style of engagement and advice, and she worked hard to keep my charges reasonable.”

– Husband, California

Thank you for fighting hard for me today and explaining how the court will decide the amount of alimony & child support.”

– Father of 2 Ann Arbor

My thanks for your wonderful representation and personal kindness. I am better off for having had both.”

– Wife, Washtenaw County

I recognize all the hard work you are doing and how effective you are in court.”

– Father, Washtenaw County

Karen, you are great to work with—a class act.”

– Family law attorney representing the opposing spouse in a divorce settlement.

I can’t tell you how grateful I am for your understanding and efforts during my custody case. It’s the first time in a long time that I will sleep peacefully, and my daughter is very happy, too.”

– Father who obtained sole custody of his daughter, Ann Arbor

Karen is a whip-smart attorney who kept my head on straight during my own painful divorce. Her unquestionable expertise and gentle sense of humor kept the process as classy as possible. She manages to negotiate a difficult situation with much grace a…”

– Divorced woman, Ann Arbor

Thanks to you for all you’ve done and are doing. My kids are adjusting very well to the divorce, and it’s great for me to be part of their lives again. Picking them up directly from school, which you arranged, is a joy.”

– Father of 3, Ann Arbor

Karen, I am so happy that you are on my team. I love how you phrase things to get the desired result. When my partner kept raising old issues, you intervened to advocate for the best interests of our son.”

– Mother, Ann Arbor

Thank you for the most efficient, smart, pleasant and well run mediation I have ever attended. Way more than two thumbs up!”

– Attorney – Ann Arbor

I absolutely love Eileen. She is very kind, patient, and explained everything to me. I never felt rushed or that I was bothering her. Everyone seemed genuinely eager and happy to assist, not stuffy at all. I am a very pleased client!”

– single woman, Jackson

The process was overwhelming to me, but I felt if I needed more attention, I could always turn to Eileen for help.”

– mother, Ann Arbor

Eileen’s compassion and support carried me through this difficult time. How her practice operates is a reflection of each and every employee’s help, no matter what their position—a belief that was confirmed throughout my experience.”

– Father of 2, Milan

Eileen made me comfortable with her, both professionally and personally.”

– Husband, Ann Arbor

Eileen helped me survive a terrible ordeal. At the beginning of my case, I had no idea what was ahead of me. For all the stress we went through, your fees were more than reasonable.”

– Wife, Ann Arbor, MI

I was impressed by the firm’s experiences lawyers and Eileen’s timely responses and knowledgeable advice.”

– Mother, Dexter, MI

Eileen is always professional and an expert at what she does. I appreciated getting all the documents in a timely way, and I always knew what was going on. Your firm is THE BEST family law practice in the area.”

– Single woman, Saline

Eileen was so professional and knowledgeable. She took control of the case and was considerate and fair to the other side, which was the way I wanted it from the beginning. I had two law firms handling my case, and yours was light years ahead in term…”

– Father of 2, Ann Arbor

I can’t thank you enough for your tenacity, diligence, support and guidance. The conditions under which you worked would have tested the most patient person…I’m certain that my case has earned you sainthood status!”

– Mother of 2, Livingston County

My case was complicated, and I felt as if I was in an emotional fog. Eileen helped me sort things out.”

– Wife, Ann Arbor

Unlike the opposing attorney, you acted fairly toward everyone (which is a good thing), while I know you worked hardest to help me.”

– Father of 2, Ann Arbor

I would recommend Eileen and your firm to anyone.”

– Mother, South Lyon

I always felt that I could call or e-mail Eileen at any time, and she always kept me informed. I also really appreciated her sitting beside me when we went to court.”

– Wife, Ann Arbor

You and Penny made the process easy and comfortable. I felt your sincere efforts in working on my behalf. I will definitely recommend you to others.”

– Mother of 1, Dexter

Thanks for all your support on my case. The process went very smoothly and the outcome was good. You honestly cared about me and my kids.”

– Mother of 2, Ann Arbor

Eileen was excellent to work with and handled a difficult, emotional and time-consuming situation very professionally.”

– Husband, Tennessee

Eileen, I appreciate your professional services, encouragement and support. All the best as we go forward.”

– Husband, Saline

I could tell by my attorney’s attitude and knowledge of the law that I was going to be OK. The settlement had everything I was fighting for—joint custody of our children and fair alimony payments.”

– Father, Livingston County

I felt very well cared for. Everyone in the office is professional and approachable.”

– Mother, Ann Arbor

I hope others will benefit from the woman you are and the expertise you possess in the field of law.”

– Attorney, Ann Arbor

Everyone was very caring and sensitive about our case.”

– Wife, Adrian

I felt I was heard and given good advice.”

– Husband, Whitmore Lake

I always felt I had a very powerful ally going to bat for me. And your evening hours are so convenient for those of us who work during the day.”

– Wife, Ann Arbor

Karen, thank you again for being so amazing. You are the best! If any of my friends ever need a divorce attorney in the future you will be highly recommended.”

– mother of 2 - Saline

Karen, first of all…whoa. I seriously can’t begin to EVER thank you enough. I am at least forever grateful to you. In all seriousness, if it wasn’t for all of the work you and your staff put in, I don’t know where I would be right now, but it…”

– mother of 1 - Ann Arbor

Karen, you are literally my favorite lawyer in this whole world and have convinced me that lawyers can care and often do care about those in need. thank you for everything you’ve done for me.”

– young adult client

Thank you for your help this past year. As I have said to you, the single most important thing I accomplished all year, and I bought and sold a company, was getting more time with my children. Thank you for the help and support to make that happen. I…”

– Father of 2

Jackie Chan is credited for saying, “Sometimes it takes only one act of kindness and caring to change a person’s life.” The kindness of Lori Buiteweg has repeatedly helped me through the toughest times of my life. Her knowledge and…”

Karen, you did an amazing job today. Thank you so much for your hard work and your awesome settlement agreement. Top to bottom, from the comfortable environment and the almonds at the end of the day to the great chocolate when we closed, you kept it…”

– mediation clients

Had a wonderful experience with Lori and associates! Divorce is one of the hardest things to go through, but Lori was there as a friend as well as an amazing and brilliant attorney! I highly recommend”

Ms. Solomon was outstanding. She made a hard process as pain free as possible. Answered all my questions and concerns in a timely fashion. Provided great legal advice mixed with compassion. I would highly recommend her to anybody going through the pr…”

Well it’s official … I completed my Masters through MSU💚 Thank you for not only being my amazing lawyer but also my wonderful friend. Thank you for believing in me when I’m not sure I really believed in myself 😘 When I received the em…”

– Single Working Mom

“Lori Buiteweg was absolutely fantastic. She is incredible at her job and is well-informed, skilled and dedicated to her clients. More importantly, she is compassionate and deeply cares about her clients.””

– Satisfied Client

I engaged Karen Sendlebach after a strong recommendation from a friend who used her services. Going through a divorce is the worst thing you can go through as an adult, other than losing a loved one. One of Karen’s greatest strengths is that she is…”

– Past Client

I really appreciate you going above and beyond your job today. You showed patience, kindness and warmth to a stranger. It really meant a lot to me. It felt like light during my darkest hour.”

– Mediation Client

As a mother of three young toddlers and a business owner, I cannot say enough about Lori’s expertise, honest and blunt guidance, as well as prompt responding! Her staff has performed above my expectations for kindness and promptness. My case was no…”

– Mother of 3

Thank you for all your help today. You handled the other attorney extremely well.”

– anonymous

“That was a lot of time and effort to dedicate to helping this family. Thank you soo soo much for working with us and resolving this case!!” “I second that wholeheartedly. You had what felt like an impossible task and did an amazing…”

– from attorneys who mediated their case to settlement a week before trial.

I really appreciate all your efforts throughout the mediation. I truly felt that you had [my child’s] best interests in mind, which was incredibly reassuring. I still dont know how you kept going yesterday without eating all day! I know that I was…”

– Ann Arbor Mother and Business Owner

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