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

Alimony And Child Support In Ny In Michigan

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

Control #:

US-00004BG-I

Format:

Instant download

Description

This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. 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

There is No Specific Formula for Spousal Support Unlike with child support, there is no formula that will tell you whether or not you will get spousal support or how much you will get. Spousal support is decided on a case-by-case basis.

Sometimes, people mistakenly think that alimony is automatically awarded to the spouse who earns less, but that's not the case in Michigan. The Michigan Court of Appeals has determined that spousal support must be determined on a case-by-case basis and abolished the use of a formula adopted by lower courts.

40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.

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.

Child support is never deductible and isn't considered income. Additionally, if a divorce or separation instrument provides for alimony and child support, and the payer spouse pays less than the total required, the payments apply to child support first. Only the remaining amount is considered alimony.

Judges consider multiple factors when determining alimony, such as the behavior of both parties while married, the ability of both parties to work, the financial history of the marriage, and more.

Alimony law in the Michigan statutes does not give an amount of time in Michigan to be married to get alimony. The court does take the length of the marriage, along with other factors, when determining spousal support. A party is more likely to be awarded permanent support for long-term marriages.

In Michigan, either spouse can ask for spousal support in a divorce. It's important to understand that for the court to consider a request for support, you must address it in your initial divorce paperwork. For the filing spouse, you'll have to tell the court you need financial support in your petition for divorce.

So a spouse's adultery can have a direct impact on whether a judge believes alimony is warranted in a case. At first blush that might seem like contradictory thinking—the state prohibits using adultery as a reason to get a divorce, but allows it to come into play in alimony decisions.

More info

Learn about the types of alimony available in Michigan, how it's calculated, and the factors courts consider when awarding spousal support. While child support is calculated using a formula, spousal support (alimony) is decided on a case-by-case basis.A person making qualified alimony payments can deduct them. In Michigan both parents are obligated to support a minor child unless a court modifies or terminates the obligation or the child is emancipated. This list contains current links to state divorce forms where available. Some states may have additional requirements or restrictions. Child Support Forms ; 4-3a. Petition (Commissioner). The Michigan Alimony Calculator is designed to offer estimations based on various input factors, such as income, length of marriage, and specific circumstances. Alimony, or spousal support, refers to payments made from one spouse to the other in the event of a divorce.

Alimony And Child Support In Ny In Michigan

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What is the formula for alimony in Michigan?

How is alimony awarded in Michigan?

Is there a formula for calculating alimony?

Is alimony automatic in Michigan?

Can child support be deducted from alimony?

How is alimony figured in Michigan?

How long do you have to be married in Michigan for spousal support?

What is the formula for spousal support in Michigan?

How do I file for alimony in Michigan?

Does cheating affect alimony in Michigan?

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