SHOULD I STAY MARRIED TO KEEP MY HEALTH INSURANCE?

Two words are likely to strike dread in the pit of your stomach more than divorce – health insurance. Will you lose it? How can you afford it? Will your spouse have to pay for it? Will you have to pay for it? Who will pay for your children? And what if you are divorced and unemployed? These questions are, for some of my clients, reasons to steer clear of divorce – why not remain unhappily married but healthy, rather than divorced and without health insurance?

But is staying married the right answer? The best answer for each case depends on the facts and circumstances. However, for one reason or another, often the answer is, No. Ifyou are not earning as much as you did, now might be the time to divorce, when your income is lower and you have less money to give as spousal support or child support.     If you lost your retirement savings in the stock market, why not divorce when you have less to share with your spouse? If everyday you dread your spouse’s biting remarks, fights, over-spending, text messages to boyfriends or nagging ones to you, etc., and everyday sucks the life out of you, or you and your children, why stay?

If health insurance is the thing holding you back, you really should have a discussion with your attorney. You may negotiate for your soon-to-be ex to pay your health insurance, and you may qualify for employer-provided, free or low cost insurance programs. You do have options! Here are the most common options:

COBRA

“COBRA” is the acronym for the Consolidated Omnibus Reconciliation Act.   This was a federal overhaul of laws that included laws for private employers who provide group plan health insurance. The laws require the employer to continue to make health insurance available for employees and certain family members after the occurrence of a qualifying event. The continued health insurance is called “COBRA benefits” for short.

Not every employer needs to. COBRA applies to group health plans for employers with 20 or more employees on more than one-half of the business days in the previous calendar year. 

And not every loss of insurance triggers COBRA benefits. There must be a “qualifying event.” For the employee, this means a loss of the number of hours of work or voluntary or involuntary termination (for reasons other than gross misconduct). For the employee’s spouse or children, this means, in addition to the employee’s qualifying events, divorce or legal separation, the employee’s death or the employee becoming entitled to Medicare. Moreover, the employee must be enrolled in the group health plan when the qualifying event occurs, and that plan must continue to exist while you receive COBRA benefits.

If a qualifying event occurs, you must act quickly if you believe you or your children are entitled to COBRA benefits! The group health plan beneficiary must notify the plan administrator within 60 days of the qualifying event. For example, if your spouse provides your health insurance through her employer’s group health plan and, as a result of your divorce, you will lose that health insurance coverage, you must notify the plan administrator of your divorce within 60 days of your divorce. The plan administrator has 14 days thereafter to send you an election form, which usually comes with supporting material about the plan’s costs and coverages, and you have 60 days to accept or reject the COBRA benefits. If you accept them, then you will have 45 days to pay your first premium.

The premium can be a hefty amount. Usually, unless the plan or the employer has contracted to accept less, the premium is the entire cost or up to 102% of the cost to provide the insurance to the employee. However, if your divorce occurred after September 1, 2008, you may qualify for an additional federal benefit to help pay the cost under the American Recovery and Reinvestment Act of 2009, part of the federal stimulus package that saw extensions for unemployment benefits, reinvestment into infrastructure, loans to banks and the automotive industry, and help for those in a precarious position with health insurance, like divorcing families.

The federal government maintains a call center to answer COBRA questions.    For specific questions, contact your attorney and your or your spouse’s health insurance plan administrator. For general information, however, you may call a federal COBRA benefits advisor at 1-866-444-EBSA . 

Medicaid

Medicaid provides health insurance to certain low-income adults and families and all children living below the federal poverty level. It is a program funded partly with state money and partly with federal money, and each state administers it under that state’s eligibility requirements. While poverty is a key requirement, poverty along is insufficient; the applicant or the applicant’s family must fall within one of the state-specified categories of recipients, which include individuals who are pregnant, disabled, of a specified age, severely poor and a US citizen or a lawfully admitted immigrant. Each state’s application and program requirements are different. Therefore, you should contact your department of community health to learn what requirements apply in your state.

If you or your children qualify, Medicaid could pay for preventive care, screening and treatment of health conditions and diseases, medications, physician visits,        hospital visits and dental and vision services.

 To learn more about the Medicaid services in your state, contact your community health department, a hospital client account department (they will have Medicaid information and applications for you, but, beware, they cannot provide legal advice), or the federal Medicaid call center at 1-877-543-7669.

CHIP

 But what if COBRA benefits are too expensive and you and your children do not qualify for Medicaid? Until you can afford health insurance for your family or your employer provides it as a benefit of employment, apply for CHIP for your children and consider purchasing private health insurance for yourself.

 “CHIP” is the acronym for the Children’s Health Insurance Program. The program started in 1997 as a partnership between the federal government and the states to provide low-cost health insurance for families who cannot afford COBRA benefits or private health insurance but earn too much to qualify for Medicaid. In February 2009, President Obama refunded the program. Each state determines which children are eligible, premiums, cost-sharing, administrative procedures and benefits packages. At a minimum, however, the state must pay for routine check-ups (that are always paid) and immunizations, dental, hospital care, and laboratory and x-ray services (that may come at a reduced cost).

 The program is available in all states. To lean more about the program in your state and how to apply, call the federal call center at 1-877-KIDS NOW.

HEALTH INSURANCE EXCHANGE/“OBAMACARE”

If you don’t have health insurance through a job, Medicare, Medicaid, the Children’s Health Insurance Program (CHIP), or another source that provides qualifying coverage, the Marketplace can help you get covered.

•If you have job-based insurance: You can buy a plan through the Marketplace, but you’ll pay full price unless your employer’s insurance doesn’t meet certain standards. Most job-based plans do.

•If you have Medicare: You can’t switch to Marketplace insurance, supplement your coverage with a Marketplace plan, or buy a Marketplace dental plan. Learn about Medicare and the Marketplace

Your savings depend on your estimate of your expected income for the calendar year in which you enroll. Most people who apply qualify for a premium tax credit that lowers their monthly insurance bill. Some also save on out-of-pocket costs like deductibles and copayments. Coverage extends to preexisting conditions, preventive care and “essential health benefits,” including checkups, ER visits, labs, rehabilitation and prescriptions. Dental coverage is also an option.

            Before your divorce, use the health insurance available to you! (Strategically, I recommend my clients do this before we file for divorce so that any debts for co-pays, lab costs, etc., are more likely to be treated as marital debt to be divided between the spouses, rather than separate debt to be foisted on one party) Go to that annual check up. Fill your prescriptions. Have your eyes examined and your teeth cleaned. If a serious surgery is in your future, seriously consider when and why you will divorce. Talk to your doctors about your immediate and future health needs, what insurance to obtain and whether low-cost substitutes (e.g., a generic medicine) are available to you.

            Just staying married may not be the healthiest choice. A man stopped to my office recently ashen, sluggish and in pain. He was tall, average weight and middle-aged, but he looked like an old man, like something out of a Dickens novel, with years of an unhappy marriage weighing him down. He told me he stayed married for his four children’s sake. They grew up to be two doctors, a vocalist and an engineer. That was 31 years ago – 31 years of walking on eggshells, as he described it – and the children have all returned to him to ask him why he stayed married so long. He lamented that he missed out on a lot of happiness in his life, and, had he known his children would have supported a divorce, he would have divorced his wife sooner. Now, he has stress ulcers, high blood pressure and chronic heartburn. He swears they are related to his marriage – and he even asked if he could sue for “pain and suffering.” (This short answer is, usually, no.)

            But he makes a point – it is not always best to stay married for health insurance. You do have options.  

DO I NEED TO PROVE FAULT?

Another day, another celebrity marriage breaking up because so-and-so cheated, squandered money, etc., etc. That's a basis for divorce, right?

Celebrity lawyers point to these transgressions as “the basis” for a divorce. Talking about them at length makes for great television, but it is misleading. In most states, there is no need to prove a “basis” for divorce, other than that the marriage is irretrievably broken. That is, one spouse need not prove the other spouse cheated or is otherwise at fault for the marriage’s breakdown. Divorce in the United States is almost exclusively no-fault, and in those few states that consider “fault” as a basis for divorce, fault is more a formality than the be-all-end-all of the case.

Parties are often confused about the part fault plays in a divorce. Each state has different rules, and you should consult a lawyer in your state for the rules specific to your case. In general, however, fault is a mere formality for obtaining a divorce. In Michigan, where I practice, for example, the party filing for divorce must only allege that there has been a breakdown in the marriage relationship to the extent the objects of matrimony have been destroyed and there remains no reasonable likelihood of reconciliation.

Period.

Nothing more.

In fact, most judges will not even let the parties testify about who was “more at fault” for this breakdown to grant the divorce.

This is not to say that fault is completely irrelevant. Most states will consider fault when dividing property and ordering child custody. In Michigan, for example, fault is relevant if the fault is related to marital property (e.g., one spouse secretly incurred debt to fuel a gambling addiction). Fault is also relevant if it reflects on parenting (e.g., one spouse deserted the children for a lover).

WHERE DO I GET INFO ON MAKEUP PARENTING TIME?

Michigan law, MCL 552.642,  requires each circuit to establish a makeup parenting time policy for wrongful denials of parenting time. Under the policy, the makeup parenting time must be of the same type and duration as the time denied, including weekend parenting time for weekend parenting time and holiday parenting time for holiday parenting time. The policy must provide that makeup parenting time be taken within one year after the wrongfully denied parenting time was to have occurred. The wrongfully denied parent must be given the right to choose the time of makeup parenting time but be required to notify the FOC and the other parent in writing not less than one week before the desired makeup parenting time for weekend or weekday parenting time and 28 days in advance for makeup holiday or summer parenting time.

Makeup parenting time is normally used as a remedy for violations that are not likely to recur. If the parenting time denial is severe, makeup parenting time is not usually a good remedy. For instance, makeup parenting time is not appropriate when the custodial parent has frequently denied parenting time and is likely to do so in the future. Using makeup parenting time in such a circumstance merely postpones the ultimate resolution of the issue. Makeup parenting time is also not a good remedy for cases involving domestic violence because it does not address the underlying dynamic of power and control.  For these problems, parents should seek to modify parenting time and/or child custody and for contempt sanctions.

For detailed discussion of the steps the FOC may take in enforcing custody and parenting time violations, see SCAO Administrative Memorandum 2002-11, Guidelines for Enforcement of Custody and Parenting Time Violations, available on the SCAO website.

SHOULD I DELAY MY DIVORCE TO DODGE TAXES?

If you are divorcing over the next three months – that is, over the holiday season – then believe it or not, you may be divorcing at the best time of the year. This is because many judges will allow you and your soon-to-be ex to delay or speed up the divorce process, within a reasonable time, for tax purposes.  For example, if the two of you filing together can take advantage of more exemptions and deductions, not to mention the preferential “married / filing jointly” tax status, you may wish to delay your divorce through the beginning of January 2014. By comparison, if your spouse failed to withhold taxes from her paycheck this year and/or you are leery of her claimed deductions and you do not want to be liable, to the IRS, for her tax debt, then you may want to divorce before the end of December 2013 so that you may file a “single” or “head of household” return.

Whether you delay or speed up the process should be a discussion you have with your attorney and tax professional, with these common issues in mind --

Filing Status – For federal tax purposes, your marital status as of December 31, 2013 will determine what filing statuses are available to you.  If you are married on that day, then you may file your return with the status “married / filing jointly” or the status “married / filing separately.”  Generally, the former status allows for a larger net refund, as the spouses can combine their income for tax bracket purposes. However, the joint status also means that you vouch for your spouse’s taxes, and are equally liable if it turns out the two of you must pay in, even in the event of an audit.

Dependency Exemptions – If you decide to divorce before the end of this year, then be sure your divorce decree specifies who claims what children as dependents for tax purposes. If you decree does not specify, then the parent who has more than one-half of the year with the child(ren) in custody is entitled to claim the exemption (even if the other parent paid more for child support, school, activities, healthcare, etc.) If the parents are equal, then the parent who pays child support claims the child(ren). If the time is equal and neither pays child support to the other, then the parent who has the higher AGI (which may vary annually) claims the child(ren). These are the default rules set forth in the Internal Revenue Code, and although some judges will require parents to stick with the default rules, most judges will divide the exemption(s) or encourage the parents to do so in a settlement agreement. The good news is, the IRS allows parents to do so, so long as that agreement is in writing and both parents provide certain forms at tax time.

“Married, Filing Separate”  - If you are leery about what your ex has been doing this tax year, you may wish to file a separatetax return, even if you are married as of the end of the year. Always check with your attorney and a tax professional, though, because the divorce court may still treat you as responsible for a share of your ex’s as marital debt, and that debt may be less if you file a joint return and stay married through January 2014. Similarly, if your income taxes are past due, then the IRS may hold each of you accountable for a proportionate share of the entire debt, the proportion being the same proportion as your income, without a joint return.

Common Deductions-  If you are looking to deduct certain expenses for your marital home, or childcare expenses, or college expenses, or even some tax preparation expenses, some of which are capped, then you should consider remaining married through the end of the year to qualify for the largest deduction. If you do not, then be sure your divorce decree specifies who can deduct what, clearly, in the event the IRS has questions for the both of you.

A carefully drafted divorce decree and/or settlement agreement is key. The agreement should specify when your divorce will be final (before or after December 31, 2013), how you and your spouse will file your taxes, what happens in the event of an audit (e.g., the wrong-doing spouse has to reimburse the other for payments made as the result of the wrong-doing), who will claim what otherwise common household deductions and exemptions, who will claim what child and what forms each will fill out to do so, and when, and, in the event of a large tax bill, whether you and your spouse will deviate from an alimony/maintenance or property settlement payment until the tax bill is paid in full.

Most of all, always speak to a CPA and an attorney. We gave you the basics here, but there are entire encyclopedias devoted to the details, and, therefore, nothing in this article should be construed as recommending a particular course of action or any illegal action or action intended to avoid taxes.  The tax rules applicable to divorcing and divorced spouses are intricate and often changing – but, if you have this discussion now, you may find your divorce over the holiday season to be highly beneficial.

CAN I OBJECT TO THE FRIEND OF THE COURT REFEREE'S RECOMMENDATIONS FOR MY CASE?

YES, but you must object within 21 days of the date of service of the recommendation.

“A party may obtain a de novo review on any matter that has been the subject of a referee hearing and that resulted in a statement of findings and a recommended order by filing an appropriate objection.[1] Although the trial court may conduct the hearing by review of the record of proceedings with the referee, the trial court must allow the parties to present live evidence as to matters objected to.[2] The trial court may, in its discretion, prohibit a party from presenting live on findings of fact to which the party did not object and may find the referee’s findings conclusive as to matters to which neither party objected,[3] but the trial court must make independent conclusions as to matters to which a party did object.[4]


For example, in Cochrane v Brown,[5] the Court of Appeals reversed a lower court for limiting its review of a Friend of the Court recommendation following a party’s objection to the referee’s findings of fact and conclusions of law, the file and transcripts. The defendant-father objected to a referee’s recommendation denying his motion to modify custody. The lower court conducted the hearing but did not allow him to present evidence because the lower court’s administrative policy permitted review of the record alone.[6] But, a hearing as contemplated in MCR 3.215 “based solely on review of the referee’s hearing record is permissible only with the consent of all parties,” and the lower court “cannot simply adopt the referee’s recommendation without conducting its hearing de novo.”[7] The word “must” is a directive to allow live evidence.[8] ”

         

In many counties, you must also provide the transcripts for the referee's hearing. In all counties, you must file your objection citing specific errors of law and/or fact and file and serve that objection, along with a notice of hearing, on all parties (or their attorneys) of record.

You can learn more about Michigan's Friend of the Court system here: http://courts.mi.gov/administration/scao/officesprograms/foc/Pages/default.aspx

[1]               MCL 552.507(F); MCR 3.215(e)(4).

[2]               MCR 3.215(F)(1); see also Cochrane v Brown

[3]               MCR 3.215(F)(1)(a)-(c).

[4]               Drumm v Brodbeck, 276 Mich App 460; 740 NW2d 751 (2007).

[5]               234 Mich App 129; 592 NW2d 123 (1999).

[6]               Id.

[7]               Id.

[8]               Mann v Mann, 190 Mich App 526, 529; 476 NW2d 439 (1991) (citing Crampton v Crampton, 178 Mich App 362; 443 NW2d 419 (1989)).

WHAT DO I DO IF MY EX DENIES MY PARENTING TIME?

If parents do not agree to make-up parenting time, the parent who was denied parenting time must put the complaint in writing to receive assistance from the Friend of the Court. The complaint should contain the date(s) and time(s) when parenting time was denied and a brief description of the circumstances. The complaint should be filed as soon as possible, but no later than fifty-six (56) days after the violation. If a denial complaint is filed fifty-six (56) days after a violation, the Friend of the Court has discretion to decline enforcement action. If the Friend of the Court takes action, this action may include:

* a recommendation and order for make-up time

* family counseling

* a fine

* a recommendation for a contempt hearing with the judge

 

A Parenting Time Complaint form is available online at http://courts.mi.gov/Administration/SCAO/Forms/Pages/Domestic-Relations.aspx

HELP! CAN I CHANGE CHILD SUPPORT NOW THAT I'VE LOST MY JOB?

I lost my job and cannot afford to pay my child support. What should I do next?

If you lost your job and cannot afford to pay your child support, your circumstances have changed, and you should try to change your support amount immediately. Any child support payments that are due before you try to change your support cannot be reduced after they were due. Any change in child support ordered by the court will start on the day the other parent is notified that you have asked the court to change your child support amount, not on the day you become unemployed.  KEEP IN MIND, voluntarily becoming unemployed or underemployed won't cut it -- you will be IMPUTED that income, whether or not you still earn it.

How can I change my child support amount?

There are two ways to change child support payment amounts. First, you can ask the friend of the court (FOC) to review your child support order. The FOC will review a child support order that is older than three years and when more than three years’ time has passed since the FOC last reviewed the child support amount. If the order has changed within the last three years or if less time than three years has elapsed since the FOC last reviewed the child support order, the FOC can review child support only when there has been a change in circumstances. The FOC can usually review child support amounts if you have lost your job. If the FOC review agrees that the support order should change, the FOC will ask the court to change the order.

You can also change child support amounts through the court by filing a Motion Regarding Support (Form FOC 50). You can get a copy of the form from your local FOC or print one from: http://courts.michigan.gov/scao/courtforms/domesticrelations/drindex.htm.

BUYER'S REMORSE - HOW EASY IS IT TO GET OUT OF MY PROPERTY SETTLEMENT AGREEMENT?

NOT VERY EASY - AT ALL.

Divorce settlement agreements are, essentially, contracts between spouses that are approved by the family court. To form a valid contract, there must be (1) spouses competent to contract, (2) a proper subject matter, (3) legal consideration, (4) mutuality of agreement between the spouses and (5) mutuality of obligation between the spouses.[1] Spouses are competent if they are the age of majority (18, or 16 with parental consent), sound mind and not under any illegal or unconscionable restrains (such as coercion).[2] However, unilateral mistake is not a basis to set aside a contract   - rather, being of “sound mind” means knowing what one is doing, not necessarily the effect of risks, benefits or knowledge the other party may have.[3] Consideration is any legal detriment that has been bargained for in exchange for a promise.[4] For mutuality of agreement (offer and acceptance), a valid contract requires a “meeting of the minds,” which means that the parties mutually assent to all material facts.[5] Finally, mutuality of obligation requires that both parties to an agreement be bound or neither is bound.[6]

To be enforceable, a settlement must be placed on the record or be in writing, signed by the parties or their attorneys.[7] Absent proof of fraud, duress, or mutual mistake, courts are bound by property settlements reached by the parties.[8] The court will not determine whether a settlement agreement is fair; rather, the court simply considers whether it was freely, voluntarily, and understandably made.[9]

This is in part because courts do not examine the adequacy of consideration.[10] Any consideration, however slight, is legally sufficient to support a promise, unless it “shocks the conscience,” which is a very high, rarely used defense. Even “‘[a] cent or a pepper corn, in legal estimation, would constitute a valuable consideration.’”[11]

            Family courts generally approve negotiated property settlement agreements, even when those are not equitable.[12]  The family court is bound by property settlements reached through negotiation absent fraud, duress, or mutual mistake.[13] In Lentz, for example, the court stated, “we will not rewrite or abrogate an unambiguous agreement negotiated and signed by consenting adults by imposing a ‘reasonable’ or ‘equitable’ inquiry on the enforceability of such agreements.”[14] Rather, in reviewing a property settlement agreement, the family court must consider whether the agreement was entered into and signed freely, voluntarily, and understandingly, not whether the settlement is equitable.[15]

[1]               Detroit Trust Co v Sruggles, 289 Mich 595; 286 NW 844 (1939).

[2]               In re Meredith’s Estate, 275 Mich 278; 266 NW 351 (1936).

[3]               Id.

[4]               Id

[5]               Id.

[6]               Reed v Citizens Ins Co, 198 Mich App 443, 448, 499 NW2d 22 (1993), overruled on other grounds, Griffith v State Farm Mut Auto Ins Co, 472 Mich 521, 697 NW2d 895 (2005).

[7]               Id.

[8]               Id.

[9]               Balabuch v Balabuch, 199 Mich App 661, 502 NW2d 381 (1993).

[10]             GMC v Department of Treasury, 466 Mich 231, 644 NW2d 734 (2002).

[11]             Id.

[12]             Buzynski v Buzynski, 369 Mich 129; 119 NW2d 591 (1963).

[13]             Lentz v Lentz, 271 Mich App 465; 721 Nw2e861 (2006).

[14]             Id.

[15]             Id.

CAN THE COURT MAKE MY EX PAY MY ATTORNEY FEES?

YES, if (a) you incurred the fees because your ex refused to comply with a court order or judgment, (b) you have less income than your ex and your ex has the ability to contribute to your fees and/or (c) your ex took a position in court that is frivolous, not supported by law and fact and/or intended to burden, harass, embarrass or cause undue delay.

In domestic relations cases, attorney fees are authorized by both statute, MCL 552.13, and court rule.  MCR 3.206(C) provides: (1) A party may, at any time, request that the court order the other party to pay all or part of the attorney fees and expenses related to the action or a specific proceeding, including a post-judgment proceeding. (2) A party who requests attorney fees and expenses must allege facts sufficient to show that (a) the party is unable to bear the expense of the action, and that the other party is able to pay, or (b) the attorney fees and expenses were incurred because the other party refused to comply with a previous court order, despite having the ability to comply.

MCL 552.13(1), authorizes the court to require a party to pay to pay any sums necessary to enable the adverse party to carry on or defend the action, during its pendency. Attorney fees are authorized when the party requesting payment of the fees has been forced to incur them as a result of the other party’s unreasonable conduct in the course of litigation. Stackhouse v Stackhouse, 193 Mich App 437 (1992).

When requested attorney fees are contested, it is incumbent on the trial court to conduct a hearing to determine what services were actually rendered, and the reasonableness of those services. Miller v Meijer, Inc, 219 Mich App 476, 479-480 (1996). Reasonable fees are not equivalent to actual fees charged. Zdrojewski, 254 Mich App at 72.

In determining whether requested attorney fees are reasonable, the trial court should begin its analysis by determining the fee customarily charged in the locality for similar legal services.... In determining this number, the court should use reliable surveys or other credible evidence of the legal market. (The Michigan Bar Journal article not only ranks fees by percentile, it differentiates fee rates based on locality, years of practice, fields of practice including litigation, personal injury, and transactional litigation.) This number should be multiplied by the reasonable number of hours expended in the case.... The number produced by this calculation should serve as the starting point for calculating a reasonable attorney fee. Smith v Khouri, 481 Mich 519 (2008).  The burden is on the fee applicant to produce satisfactory evidence—in addition to the attorney's own affidavits—that the requested rates are in line with those prevailing in the community for similar services by lawyers of reasonably comparable skill, experience and reputation.’” This “satisfactory evidence” of customary fees “can be established by testimony or empirical data found in surveys and other reliable reports.” Id. at 531–532. Mere “anecdotal statements” are not sufficient. Id. at 532.  To determine “the reasonable number of hours expended in the case,” the attorney requesting fees “must submit detailed billing records, which the court must examine and opposing parties may contest for reasonableness.” The burden of establishing the reasonableness of the hours reported lies with the attorney requesting fees. Only after the trial court has determined a reasonable fee by multiplying the reasonable hourly rate by a reasonable number of hours billed, should the court “consider the other factors and determine whether they support an increase or decrease in the base number.

Wood v DAIIE, 413 Mich 573 (1982) lists six factors to be considered in determining a reasonable attorney fee:  (1) the professional standing and experience of the attorney; (2) the skill, time and labor involved; (3) the amount in question and the results achieved; (4) the difficulty of the case; (5) the expenses incurred; and (6) the nature and length of the professional relationship with the client.

The Michigan Rules of Professional Conduct lists eight factors in Rule 1.5(a) for the determination of attorney fees: (1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer; (3) the fee customarily charged in the locality for similar legal services; (4) the amount involved and the results obtained; (5) the time limitations imposed by the client or by the circumstances; (6) the nature and length of the professional relationship with the client; (7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and (8) whether the fee is fixed or contingent.

Average rates for attorney by geographic are:  http://michbar.org/pmrc/finance.cfm