Child Support & Alimony Lawyers in Lansing MI
Child Support: Child support is calculated using the Michigan Child Support Formula. We use the same computer program as the Friend of the Court. We enter the income of both parties and the number of overnights for each party along with some other information, and the program calculates the amount. Although there is a presumption that the calculated amount is accurate; there may be reasons to deviate from the Formula amount. Although child support is normally paid through the Friend of the Court, under some circumstances, the parties may be able to opt out of Friend of the Court Services. If child support is required, it most often is paid through an Income Withholding Order to the Friend of the Court, but, in some instances, may be paid directly.
Spousal Support (Alimony): Michigan is a Spousal Support state, but that does not mean Spousal Support is awarded in every case, or even in most cases. Michigan statutes and court decisions provide specific criteria to determine whether Spousal Support is appropriate, and, if so, both the amount and the duration of time it should be paid. If Spousal Support is appropriate, in some cases it may be modifiable, and in other cases it may be non-modifiable. Spousal Support is normally tax deductible to the paying party and tax includable to the receiving party. If Spousal Support is required, it most often is paid through an Income Withholding Order to the Friend of the Court, but, in some instances, may be paid directly. In determining whether Spousal Support is appropriate, the Court is required to consider the following factors:
- The past relations and conduct of the parties.
- The length of the marriage.
- The ability of the parties to work.
- The source and amount of property to be awarded to the parties.
- The age of the parties.
- The ability of the parties to pay alimony.
- The present situation of the parties.
- The needs of the parties.
- The health of the parties.
- The prior standard of living of the parties.
- Whether either is responsible for the support of others.
- General principles of equity.
Whether you will receive or pay Spousal Support is a determination that could affect your standard of living for the rest of your life. It is essential that you seek the advice of a competent and experienced attorney who has a history of success.
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No one goes into a marriage thinking it is doomed to fail at some point. However, many people do enter a marriage entirely unprepared. It’s one thing to be pessimistic, but another to be wise. If you are engaged or have been thinking about marrying your partner, it is in your best interest to consult with a prenuptial agreement attorney so that in the event that trouble in the marriage ensues, your property and assets will be protected and your rights upheld. If you are in the Okemos, East Lansing, and Dewitt, Michigan areas, turn to the Law Offices of Stuart R. Shafer today to draft a prenuptial agreement before entering a marriage commitment.
A prenuptial agreement, also referred to as a separation agreement or partnership agreement, is a type of contract both parties enter into before marriage. It is an agreement between the parties that generally contains information regarding what will happen in the event of divorce. A typical prenup can contain stipulations on how to divide property, assets and debt, alimony, child custody and so on. It may also contain clauses regarding payment and asset distribution, especially if one party has been unfaithful or if an instance of domestic violence has occurred.
Leading Michigan prenuptial agreement lawyer Stuart R. Shafer will help you draft your prenup and will ensure that no details are overlooked so your interests are protected. There are many intricate components in a prenup and sometimes, especially when it comes to alimony or child support payments, there can be certain clauses that will entrap parties into paying more than they should. Rest assured though, if Stuart R. Shafer is your prenuptial agreement attorney, you will not be taken advantage of and your prenup will fully protect your rights in the event of divorce.
Turn to the Law Offices of Stuart R. Shafer today to discuss your prenuptial agreement options. To schedule a consultation, call 517.487.6603 right away to resolve your case as quickly and smoothly as possible.