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Thursday, February 7, 2019

Terminating Alimony In Michigan Can Be Difficult (But Not Impossible)


Terminating Alimony In Michigan Can Be Difficult (But Not Impossible)

Many people seem to believe that alimony (aka spousal support) is no longer awarded in divorce cases.  This is wrong, alimony is alive and well and can be granted in any case where there is an income disparity.  There are very basically two types of alimony, modifiable and non-modifiable.  Non-modifiable alimony is relatively new in comparison and can only be ordered by the court in cases where the parties have reached an agreement that specifically states that the support will be non-modifiable and that the parties waive their rights to modifiable alimony.  Modifiable alimony is the type of alimony that exists in all other cases where support is ordered by the court.


Read more . . .


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. 


Read more . . .


Friday, May 4, 2018

Fault and Divorce in Michigan: Part Three - Emotional and Verbal Abuse


Fault and Divorce in Michigan 

When handling divorce matters, the issue of fault often comes up.  In Michigan, by law, there are many types of fault that the court may consider when dividing property or awarding alimony.  One form of fault that is unfortunately present in many divorce cases is emotional and verbal abuse.

Emotional and Verbal Abuse

In many cases there are issues surrounding emotional or verbal abuse.  This can be a very serious form of abuse from name calling to constantly berating the other spouse as a means for control.


Read more . . .


Wednesday, July 26, 2017

How is Spousal Support Determined in Michigan?


When going through a divorce, people are usually concerned about the future. Will they be financially ruined by the divorce? Will they have enough means to live on and pay their bills? Will they receive or have to pay alimony? How is spousal support determined in Michigan?

Talking with an experienced Read more . . .


Friday, January 27, 2017

Failure to Report Income Fails in Michigan Child Support Case


In some divorce and post-divorce cases, one spouse or the other will underreport his or her income to the Friend of the Court (FOC)  in an attempt to avoid child support.  If an objection is not filed by one party, this may go unnoticed as the FOC is not really designed to investigate whether or not the documentation provided is full and accurate.  If one party objects then the FOC or the family law court will schedule a hearing and each side will present evidence.

This appears to be the situation in the matter of Thaxton v Thaxton, COA 327545, December 6, 2016 (unpublished), where the FOC recommended originally that the father pay the mother seventy-three ($73) dollars per month based upon tax returns provided by both parties.  The father hired an attorney and filed an objection.


Read more . . .


Monday, November 14, 2016

When Alimony Gets Reduced


Q: Can I get an alimony/spousal support modification in Michigan if I lose my job?

Alimony is a thorn in the side of many a divorced spouse who, despite making a clean physical break from their former love, is irked by the idea of paying ongoing court-ordered financial support to the now-ex. Not everyone feels that way, of course, but enough do that movie story lines commonly poke fun at the shady ways disgruntled people attempt to get out of alimony.


Read more . . .


Friday, October 28, 2016

The Role of Fault in Michigan Divorce Cases


I am a divorce lawyer in  Auburn Hills, Michigan close to Rochester Hills and Troy.  While Michigan is a "no-fault" state when it comes to divorce - which means that one does not have to prove a reason to get divorced, the fault in causing the breakdown of the marriage may be taken into account when dividing property or calculating alimony.

 


Read more . . .


Friday, October 14, 2016

Purposefully Reducing Income to Avoid Alimony in Michigan


I am a divorce lawyer in the Rochester area of Oakland County, Michigan.  Some people I speak with seem to think that alimony is no longer awarded in Michigan.  Nothing could be further from the truth, alimony or spousal support as it is called in our state, is alive and well and can be awarded to men or women after a divorce.  In addition, some people insist that if he or she was faced with paying alimony that he or she would quit working.

This is probably a bad idea.
Read more . . .


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