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Alimony / Spousal Support

Saturday, January 5, 2019

Will A Court Consider Income From Growing Medical Marihuana In A Divorce?


Will A Court Consider Income From Growing Medical Marijuana In A Divorce?

The Michigan Court of Appeals recently considered this issue in the matter of  Beauchamp v Beauchamp (Unpublished Opinion, October 23, 2018).  In that case, the husband originally ran a drywall business when the parties married, however over time the business morphed into a medical marijuana growing operation.  The wife sought alimony based upon income she alleged her husband earned growing and selling.

The wife's divorce lawyer hired an expert in the field of marijuana plant street value to examine the facility and the plants and provide testimony regarding the practices surrounding the industry.  The trial court put a lot of weight upon the testimony of the expert compared to the testimony of the husband.


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Saturday, December 29, 2018

Can A Man Get Alimony In Michigan?


Can A Man Get Alimony In Michigan?

Alimony is alive and well in Michigan, however we refer to it as "spousal support" technically although the terms are interchangeable.  The statutes contemplate a case-by-case approach.  The stated purpose of support is to balance the parties' incomes and needs so that neither party will be impoverished based upon the circumstances of the case.

The court is to consider the following factors when determining alimony:  (1) the past relations and conduct of the parties; (2) the length of the marriage; (3) the abilities of the parties to work; (4) the source and the amount of property awarded to the parties; (5) the parties' ages; (6) the abilities of the parties to pay support; (7) the present situation of the parties; (8) the needs of the parties; (9) the parties' health; (10) the parties' prior standard of living and whether either is responsible for the support of others; (11) the contributions of the parties to the joint estate; (12) a party's fault in causing the divorce; (13) the effect of cohabitation on a party's financial status; and (14) general principles of equity.

Spousal support is intended to allow a party to assimilate into the work force and establish self-sufficiency and does not follow a strict formula.


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Saturday, December 15, 2018

Should I File For Divorce Before The End Of The Year?


Should I File For Divorce Before The End Of The Year?

Most of the time it really does not make much difference whether one files for divorce before the end of the year.  If one wants to wait until the holidays are over until dealing with a potential divorce, typically that will not effect the outcome of the case.  Historically, the only reason to file for divorce before the end of the year would be concerns that one's spouse has some potentially serious tax issues.  However, in 2018 there is at least one very good reason why it might be imperative to file for divorce before 2019.

Divorce and family law are deceptively complicated areas of the law that effect the most important, intimate parts of a person's life and often involve the largest and most uncomfortable financial transactions one will ever face.  If you think you might have to deal with the unfortunate possibility of a divorce in your future, please schedule a consultation with me by contacting my legal assistant, Cathy at (248) 608-4123 or through this web site, I can help you. 


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Tuesday, November 13, 2018

Is There a Statute of Limitations to Collect Alimony or Child Support?


Is There a Statute of Limitations to Collect Alimony or Child Support?

An action to enforce or collect child support or alimony is considered a civil action to enforce a court order.  There is a ten-year statutory period of limitations.  The ten-year period starts form the date that the last support payment is due under the support order regardless of whether or not the last payment is made.  For child support, generally, the date that the last payment is due is the child's 18th birthday.  For alimony, the final payment date would be the last date for which the court has ordered spousal support, unless it is extended, then the last date would be the final date of the extension.


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Thursday, October 11, 2018

Can I Quit My Job To Avoid Paying Spousal Support?

Paying spousal support can be a painful reminder of a failed marriage. Spousal support can also be a financial burden that you would like to end. However, voluntarily quitting your job may not eliminate or reduce your spousal support payments. You could place yourself in a worse financial situation if you attempt to avoid paying spousal support by eliminating or reducing your income. Before taking such drastic steps, you may want to consult a Michigan alimony and spousal support lawyer to discuss legal options for reducing or eliminating spousal support payments.


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Friday, October 5, 2018

Is an Amicable Divorce Possible?

While bitter celebrity divorces often make the news, untying the knot doesn’t always mean a knock-down drag-out fight for the rich and famous. And it doesn’t have to be that way for people of more modest means either. Getting a divorce can be amicable.

After all, while there may be more marital property to divide for wealthier couples getting divorced, the more important issues of child custody, visitation, and support generally find parents willing to put what’s in the best interest of their children before their issues as a couple. They do this in the spirit of attempting to co-parent successfully if only for the sake of their children.


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Tuesday, October 2, 2018

Are Bonuses Included In Income When Calculating Alimony or Child Support?


Are Bonuses Included in Income When Calculating Alimony or Child Support?

In Michigan, child support is calculated by use of a formula that takes into account each parent's income; the number of overnights each child has with each parent, health care premiums paid by a parent for the child, and childcare expenses until August after a child's twelfth (12th) birthday.  Alimony, also known as spousal support, should be determined by considering fourteen (14)  different factors.  The factors are overlapping so that income and ability to earn are referenced or are relevant to several of those factors.  Currently, most divorce lawyers, mediators and even the courts (due to a relatively recent change in the case law) use prognosticator programs to help determine at least a starting point for alimony and income is a primary factor in those formulas.

In any case, either through negotiation, mediation or trial, the determination of what constitutes the proper income for each party is very important and may have a significant effect on the ultimate award of support.


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Sunday, September 23, 2018

Are Business-related Expense Deductions Allowed When Calculating Alimony?

​Are Business-related Expenses Deductible From Income When Calculating Alimony or Child Support?

Child support and alimony 


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Friday, September 7, 2018

Do I Have to Claim Spousal Support on my Taxes?

Spousal support can be one of the most contested issues in a divorce action. One spouse believes he or she is owed more money while the other spouse believes he or she is paying too much money. In either case, the court’s job is to settle the dispute regarding spousal support when the parties cannot work the matter out between themselves.


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Friday, September 7, 2018

When the Court Dismisses Your Divorce Case

Q: Can the judge dismiss my divorce because of delays?

Couples considering getting divorced in Michigan have to work out the terms of their divorce amicably or, if they are unable to agree on terms, a judge will decide for them—or even dismiss their case.

All couples need to work out how their property will be divided.


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Wednesday, August 22, 2018

Will I Have to Pay Alimony in a Divorce?

Will I Have to Pay Alimony in a Divorce?

Alimony is alive and well in Michigan but we call it spousal support.  Unlike child support, which is determined by a formula, spousal support is supposed to be determined by an examination of fourteen different factors and used to 


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