Michigan Divorce Attorneys discuss Alimony in Michigan law.
The Oakland County divorce court is changing. Mandatory retirement, judicial appointments and elections in November will result in even more changes at Oakland County divorce court. The Oakland County divorce court is made up of Judges from both circuit court and probate court. These judges specialize in hearing family law cases such as divorce, custody,[…]
In a Michigan divorce, the parties can agree to arbitration instead of trial. Arbitration is a form of alternative dispute resolution which is also referred to as ADR. Arbitration is similar to mediation except the arbitrator can make a binding decision if the parties cannot agree on an issue. When parties mediate a divorce case,[…]
Support security is important in Michigan divorce or child custody cases where child support or alimony (spousal support) payments are awarded. The security provides protection in the event the person responsible for paying child support or alimony stops paying. Support security in cases of death When the person responsible for paying child support or alimony[…]
Can you sue a Judge in Michigan? Let’s face it, sometimes Judges get things wrong. When they do, one option is to take an appeal, but can you sue a Judge in Michigan? The Michigan Court of Appeals is an intermediate higher court and can overturn a lower court’s decision when it makes an error[…]
Ever wonder how a court enforce’s its orders? One answer is a show cause hearing. A show cause hearing asks the question: “Why shouldn’t the court hold you in contempt of court for violation of the court’s order?” At a show cause hearing, the burden is placed on the person suspected of violating a[…]
Divorce can be a public event but it does not have to be. A divorce ends a marriage. Unfortunately, for a private individual a divorce can evolve into a public affair drenched in gossip. Judgment of Divorce When a divorce is granted the judge signs a document called a Judgment of Divorce which is the[…]
In the first part of this two part series on determining the value of a business in divorce we examined four definitions of value in a divorce. The four definitions are Fair Market Value, Fair Value and Investment Value and Holders Interest Value. It does not matter if the business was started during the course[…]
Most businesses, small and large, have value and Michigan divorce property law requires a fair division of all property acquired by reason of the marriage. It does not matter if the business was started during the course of the marriage or merely increased in value during the course of the marriage for the value of[…]
“Marriage is the chief cause of divorce.” The satirical title of this post, “Marriage is the chief cause of divorce” is credited to Julius Henry who is most commonly known as Groucho Marx the rapid fire comedian. However, divorce is never funny. While marriage can be wonderful, it can also be problematic. For many, marriage[…]
The Michigan divorce statutory waiting period The statutory waiting period for a Michigan divorce is dictated by statute. The Law – Michigan Compiled Laws 552.9f (MCL 552.9f) The statutory waiting period for a Michigan divorce is found in Michigan Compiled Laws 552.9f. MCL 552.9f provides that a Michigan divorce without a minor child must wait[…]
Dependent child exemption and support – Is it worth fight over? A dependent child exemption reduces a taxpayer’s adjusted gross income leaving more money in the taxpayers pocket by ensuring that not all of your income is taxed. In 2014, the value of a dependent child exemption is $3,950.00 per child. That is real money.[…]
The top five dirty divorce tricks Divorce can be coupled with anger, jealousy and other deep emotional triggers. These triggers can result in revengeful gamesmanship or greed. Some spouses will use every trick in the book to win at all costs. 1. Conflicting out top attorneys: It is important to hire a top attorney[…]
The Friend of the Court Referee A Friend of the court referee is appointed by the chief Judge to assist in Michigan divorce, custody and domestic relations cases. A Michigan Friend of the Court Referee power is defined in Michigan Compiled Laws Section 552.507. Michigan law (MCL 552.507) provides that a Friend of the Court[…]
Michigan divorce evidence – The Michigan Rules of Evidence The introduction of Michigan divorce evidence is governed by the Michigan rules of evidence. The Michigan rules of evidence apply in every Michigan divorce case that goes to court from a simple motion to a complex trial. Imagine wanting to introduce very important evidence only to[…]
Changes at Macomb County divorce court Change is the law of life. Judge Kathryn Vivano of the Macomb County divorce court is leaving the Macomb County Divorce court and she will be serving the Macomb County business court. The Michigan Supreme Court in which her brother serves as a Supreme Court Justice, issued Administrative Order[…]
Law and Equity – Doing what is fair in Michigan divorce and Michigan custody cases. In Michigan divorce and Michigan custody cases, the judge sits in both law and equity. Divorce and custody law is the written rules of law found in statutes, court rules and court cases. Equity is best described as doing what[…]
Divorce attorney fees – getting your spouse to pay. By: Daniel Findling Divorce attorney fees – getting your spouse to pay. Quality representation is not always cheap. A common question is can you get your spouse to pay for your divorce attorney fees? The answer is yes. Michigan divorce law provides authority to request the[…]
No fault divorce in Michigan By: Daniel Findling No fault divorce in Michigan became effective on January 1, 1972. The no fault divorce in Michigan statute is located in Michigan compiled laws section 552.6 and provides that a divorce may be filed upon the allegation that there is a “breakdown of the marriage relationship to[…]
Something is not right . . . should I hire a private investigator? By: Daniel Findling (c) 2014 When people think of a private investigator they might think of Magnum PI or an anonymous looking person sitting in a car, eating a cheese burger while trying to catch a cheating spouse in the act. Reality[…]
Michigan income withholding order – How much can the court take? By: Daniel Findling When a Michigan divorce court or Michigan custody judge enters an Order for a party to pay alimony (spousal support) or child support, the payor is required to pay the money or suffer the consequences of enforcement. The most common enforcement mechanism[…]
Support security – Securing the future payment of support: By Daniel Findling – Divorce always involves change and an important change in almost every Michigan divorce or legal separation in Michigan is financial. For many, child support payments and alimony payments (spousal support) are an important financial component in moving forward after a divorce or[…]
I have this tracking device . . . and Michigan divorce law: As a Michigan divorce lawyer, I recognize that it is not uncommon for a spouse to use a GPS tracking device to validate their suspicions of an affair. Consumers can now have access to devices previously only accessible by governmental agencies, the police[…]
Tax exemptions, tax deductions and Michigan divorce: The most comprehensive publication on tax considerations applicable to Michigan divorced or separated individuals is published by the Department of the Treasury – Internal Revenue Service Publication 504 for use in preparing tax returns. A link to the publication can be found at: http://www.irs.gov/pub/irs-pdf/p504.pdf This IRS publication addresses[…]
Non-modifiable alimony Under Michigan divorce law the parties have a statutory right to modify alimony or spousal support. This statutory right can be found in MCL 552.28. This statute specifically allows on the petition of a party that a court may revise an alimony award. Notwithstanding the statutory right to modify alimony, your Michigan divorce[…]