Need a experienced Michigan alimony lawyer?
Do you need Alimony / Spouse Support?
The downturn in the U.S. economy has touched the lives of most of our clients and the prospective clients we consult with every day. Even as we look forward to a turnaround, the implications will continue to affect our families in ways that we could not have contemplated in the years leading up to today. Once the decision is made by a husband or wife to dissolve their marriage, the family finances, a subject that is often already contentious, becomes a primary concern for everyone involved. Alimony comes to mind quickly for both the potential payer and the potential recipient. Who is entitled to alimony? How much will be paid and for how long? Who decides and what information is considered?
In total, there are 11 factors to be evaluated in determining spousal support. Any consideration of alimony begins with an analysis of “need” and “ability to pay.” We educate our clients from the time that they initially meet with our firm as to the importance of accurately and timely providing the necessary documents and information we need to provide counsel to them in this area. No one receives an award of alimony absent a demonstrated need, no matter the income of the other party. Likewise, there is often need on the part of one spouse for additional income to cover monthly expenses, but no ability to pay on the part of the other spouse. Both elements must be met before an award is made. Additionally, it is not the parties who determine their need, or their ability to pay, but rather the law that defines the critical elements of need, income, ability and duration.
Michigan CHILD SUPPORT
There are a number of factors used to determine the amount of child support that will be paid to one party or the other. Some of the factors used to determine child support are:
- Net Monthly Income of Both Parents
- Number of Children Supported by Parent
- Cost of Health Insurance for the Child(ren)
- Percentage of Overnight Stays with Each Parent
In some cases, child support may not necessarily be ordered based on the child support guidelines. If an agreement has been made between the mother and father, the parties will have to request the Court to allow a deviation from the child support guidelines.
In addition to child support, there are also calculations to be made for ordinary medical expenses for the child. Ordinary medical expenses include a standard amount per child, per year.
Child care expenses may also be factored based on the age of the child(ren). Included with a child support amount is an allocation of work-related child care expenses for the child.
Your family is the most important factor in a divorce. But focusing on the importance of the well- being of your children and their care can take time from many of the other things that are affected in a divorce.
We offer a comprehensive defense of your property and assets during settlement proceedings. We can help you define what property is considered marital by law and what may qualify as your separate property. Depending on the facts of the case, we can also help you identify some property that you may not be required to divide with your spouse.
In addition, we handle issues related to existing property settlements—often the discovery of new information or assets can mean the need to re-assess property settlement or even re-open your case.
CHANGE OF DOMICILE
Proposed move of over 100 miles or out of state by a parent with the child(ren) is known as a change of domicile and must be executed within the law. A pre-existing order regarding custody or parenting time will restrict such a change without court order or consent of the other parent. Before granting a change of domicile, the courts will consider many factors such as:
- Whether the move will improve the quality of life for both the child(ren) and parent
- How parenting time has been handled in the past between the parties and whether a move may be used to intentionally deter parenting time
- Whether the relationship can be preserved between the parent and child(ren)
Exercising parenting time long distance often becomes complicated and expensive, and without compromise, the situation can quickly become contentious between the parents. Our skilled attorneys can guide you through this process and ensure that your child(ren)’s best interests are the first priority.
Prenuptial, or “ante nuptial”, agreements are contracts relating to property made between two persons in contemplation of marriage. These agreements, when prepared properly, are enforceable in Michigan. Such an agreement enables you and your fiancé to determine your own financial future should the marriage later be terminated by a court. This can allow for some financial certainty in the event of a divorce.
Postnuptial agreements are contracts entered into between two people who are already married. Such an agreement is used to address how property rights and any rights or obligations for support are to be handled if the marriage later ends in divorce. A postnuptial agreement, when drafted and entered into properly, is enforceable in the event of divorce in Michigan. With a purpose similar to prenuptial agreements, this contract can allow for some financial certainty in the event of a divorce.
Give us a call at 586-303-2211 to schedule a free consultation.