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Spousal Support in Michigan

Traverse City, Michigan Spousal Support Lawyer Jeanne Hannah

Spousal support, also referred to as alimony, is money paid by party in a divorce to the other for his or her support and maintenance. The court may consider the following factors in awarding spousal support in Michigan:

1) Past relations and conduct of the parties (fault)

2) Length of the marriage

3) Ability of the parties to work and their respective incomes

4) Source and amount of property awarded to the parties

5) Ability of the parties to pay spousal support

6) Present situation of the parties

7) Needs of the parties

8) Health of the parties

9) Prior standard of living of the parties and whether either is responsible for the support of others

10) Age and educational level of the person claiming spousal support

11) Cohabitation with another and the effect on expenses / need

In cases where spousal support is not awarded in Michigan, the judgment must either expressly reserve the question of spousal support or rule that neither party is entitled to spousal support.

Modifications to Spousal Support in Michigan

Provisions awarding spousal support, sometimes called regular alimony or periodic alimony, in a judgment of divorce are modifiable at any time based upon proof of a change in circumstances. Spousal support may be increased, decreased, or canceled. Sometimes limitations are placed in the judgment prohibiting modification, but there is no guarantee that these limitations will be honored by the court. Spousal support is not dischargeable in bankruptcy. It may or may not terminate on the death of the payor, depending upon the terms of the judgment.

Usually a motion is filed asking the court to order the payor show cause why he or she should not be held in contempt of court for failing to pay spousal support. Your lawyer can explain this procedure if necessary.

Taxation of Spousal Support

Regular or periodic spousal support is normally taxable to the recipient and is deductible by the payer. In order for alimony to be considered as taxable spousal support, the spousal support clause must state that it is payable "until death" of the recipient . Sometimes alimony is further limited in a judgment by adding such clauses as "payable until remarriage."

Spousal support may be paid through the office of the Friend of the Court, however, relatively new "opt-out" procedures can also be used. Using the office of the Friend of the Court enables a party to obtain an accurate record of these payments. In addition, if there is a problem with enforcement, a party who has not opted out may get assistance from the Friend of the Court if the payments are not made or if aformer spouse denies receiving payments.

To schedule an initial meeting with spousal support lawyer Jeanne Hannah or just ask a question, call or send an e-mail today.

Contact Traverse City, Michigan spousal support lawyer, Jeanne Hannah at 231-223-7864
E-mail spousal support lawyer Jeanne Hannah. Disclaimer

Family lawyer Jeanne Hannah serves clients throughout Michigan, including Traverse City, Kalkaska, Petoskey, Charlevoix, Beulah, Cadillac, Bellaire, Grand Traverse County, Kalkaska County, Emmet County, Benzie County, Antrim County, and Charlevoix County. © 2005 Jeanne M. Hannah