Grand Rapids, MI Alimony Lawyer - Michigan Alimony Law

Michael Idema Grand Rapids MI Alimony Lawyer 30 Years Experience
Michigan Divorce Law - Alimony - Spousal Support: Article by Michael Idema, Grand Rapids, MI Divorce Lawyer. For a free initial consultation, call (616) 647-2200.

Michigan Divorce Law - Alimony (Spousal Support)

This is an introduction to Michigan spousal support law (alimony). We will focus on alimony as spousal support. Alimony in gross, a type of property settlement involving installment payments, is not covered.

Definitions

Alimony: money paid for the support of a spouse or ex-spouse, also called spousal support.
Temporary alimony: may be awarded while case is pending.
Rehabilitative alimony: support which will end after a certain period of time.
Permanent alimony: generally payable until remarriage, cohabitation, death, or further order of court. Might actually be permanent.

Alimony Issues:

Divorce cases typically present the following alimony issues:

Will there be any?
How much?
For how long?
Taxable to payer or to payee?
Modifiable?

Factors Considered by Court

Various cases have listed the following factors which the Court should take into consideration when determining alimony:

Past relations and conduct of parties
Length of marriage
Ability to work
Source and amount of property awarded the parties
Age of parties
Ability to pay alimony
Present situation of parties
Needs of the parties
Health of the parties
Prior standard of living of the parties and whether either is responsible for the support of others
General principles of equity (that is, fairness)

Discretion of the Court

Judges have very broad discretion in deciding whether to award alimony, the amount, and terms.

The factors to be considered are very vague and not helpful in determining what should be done in a particular case. Case law, proposed alimony guidelines, the effectiveness of attorney advocacy, and the Judge's past cases and decisions all influence the outcome. Some cases will clearly not be appropriate for alimony, some clearly will be appropriate, and many will fall into the discretionary area. In cases where alimony would be appropriate, there will still be broad discretion regarding the amount and length of time alimony may be awarded. It is strongly recommended that anyone with a possible alimony issue consult an attorney regarding the likelihood that alimony may be awarded.

Proposed Alimony Guidelines

There have been a number of proposed alimony guidelines over the years. None have been adopted into law. Although proposed guidelines are not official, they may be persuasive for some judges. Current proposed guidelines give greatest weight to the length of the marriage, and less weight to incomes, education and age of recipient. Guidelines are something that we look at and we argue when they favor us. The guidelines may be helpful but they are definitely not the last word on alimony.

Enforcement of Alimony Support Orders

Although the parties may agree that alimony payments be paid directly to the other party, in most cases the parties rely upon the Friend of the Court to collect and enforce alimony orders just as the Friend of the Court does with child support orders. Alimony will generally be collected through an income withholding order sent to the payer's employer. Alimony is deducted from the payer's paycheck and sent to a State Agency for distribution to the payee. Payment of alimony may also be enforced by intercept of income tax refunds, liens on property, or through contempt proceedings.

Taxation of Alimony

Alimony is usually structured so that it is deductible by the payer and taxable to the payee. Where the payer is in a higher tax bracket (which is usually the case), this has the effect of increasing the total joint net after-tax income of the parties by reducing taxes to the payer. This in turn provides part of the funds used by the payer to pay the alimony. In essence, Uncle Sam ends up subsidizing the payment of alimony. The tax situation of the parties is therefore relevant when alimony is being negotiated.

Modification of Alimony Orders

Alimony is usually modifiable if there is a change of circumstances warranting a change; for example, an increase in need or decrease in ability to pay. A petition must be filed with the Court requesting a change in alimony. The party requesting the change as the burden of proof. Sometimes the initial alimony award is specifically made not modifiable, which may take away the Judge’s discretion to subsequently grant a modification. The parties can negotiate an alimony award which is not modifiable. If the case goes to trial, the Judge will order that it be modifiable. This is an issue over which the parties have greater discretion that the Judge has.

Orders Barring Alimony

Every Judgment of Divorce must either award alimony, bar alimony, or reserve alimony. If alimony is barred and not reserved, the Court will not generally be able to award alimony later. An exception may exist where the waiver of alimony was obtained through fraud. If someone has a known disability which may worsen, causing loss of income in the future, it may be possible to negotiate a reservation of alimony to be reviewed and possibly awarded at a later time.

Free Initial Office Consultation

You may obtain a free initial office consultation to discuss your Grand Rapids, Kent County, Michigan alimony, divorce and other family law issues with Michael Idema by calling (616) 647-2200.

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Michael Idema

Divorce Lawyer

6410-A Alpine Ave NW

Comstock Park, MI 49321

(Between 7 & 8 Mile Roads)

mike@michaelidema.com

(616) 647-2200

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Grand Rapids MI Alimony Lawyer