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Affidavit of Defendant Spouse in Support of Motion to Amend or Strike...

Alimony Spouse Support With Spouse In Michigan

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

Control #:

US-00002BG-I

Format:

Instant download

Description

This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

An award of spousal support isn't automatic in a Michigan divorce case. While there is no legal requirement for spousal support, it is awarded on a case-by-case basis depending on the facts of the matter and the needs of the dependent spouse. In some cases, spousal support is not awarded at all.

In Michigan there is no specific mathematical Michigan alimony formula for determining whether or not spousal support should be awarded. Finally, there is no specific mathematical Michigan alimony formula for determining the length of time that spousal support should be awarded.

A: Alimony can be suspended or terminated in the event that the recipient is cohabitating with someone in a relationship akin to marriage. These are complex cases that require a careful approach. Your brother should have a consultation with a qualified matrimonial attorney immediately.

Periodic spousal support can be temporary or permanent. Temporary spousal support can give a person a chance to get a degree or gain job skills. It can last for a specific number of months or years, or until a specific event.

The most common form of alimony in Michigan is Periodic Spousal Support. This is a flexible option for a judge, and can be ordered for a short or long amount of time. This is common when a judge deems a spouse to be able to become self-supporting, but not immediately.

If you are still living with your spouse or former spouse, alimony payments are not tax-deductible. You must make payments after physical separation for them to qualify as tax-deductible. Don't file a joint tax return. If you and your spouse file a joint income tax return, you can't deduct alimony payments.

In the state of California, the law presumes that living with someone else reduces your need for support. You will need to prove to a judge that you still need the same amount of alimony. Otherwise, it will be reduced or terminated.

Misconduct: Certain behaviors can also lead to the disqualification of alimony. For instance, if a spouse is found to have engaged in financial misconduct, such as hiding assets or failing to disclose financial information during the divorce proceedings, this can result in disqualification.

To prove cohabitation, you will need to show that your ex is residing with another person, sharing household expenses and that they are holding themselves out as a couple. While the proof of sexual activity can be difficult to prove, it will generally be presumed when the other factors are proven.

More info

For the filing spouse, you'll have to tell the court you need financial support in your petition for divorce. Michigan alimony laws allow for spousal support payments from one party to another in a divorce to maintain a similar standard of living.Our attorneys can help you seek spousal support during a divorce. Contact our Traverse City alimony lawyers today for a free consultation. Spousal support is not part of the property settlement, but is considered separately, after the property has been divided. You need to ask the court for help during your divorce. Fill out our contact form and we can set up a meeting time to discuss your alimony case. Call us today at (517) 886-1000 or send us an email! In a Michigan divorce, either spouse can qualify for alimony, also known as spousal support. Many people believe you must be married for at least 10 years to be eligible for spousal support.

Alimony Spouse Support With Spouse In Michigan

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FAQ

How often is spousal support awarded in Michigan?

What is the formula for spousal support in Michigan?

Do I lose alimony if I live with someone?

How long does spousal support last in Michigan?

Is alimony common in Michigan?

Is alimony taxable if living together?

Does living with someone affect alimony?

What disqualifies you from alimony in California?

How do I prove my ex is cohabitating?

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