Knowledgeable Representation on Financial Orders of Support
There are two main types of financial orders of support that can come up in divorce cases. These are child support and spousal support. Both these issues can have major impacts on you and your family as you move forward from a split. Having experienced legal guidance can be critical when navigating them.
Daudi & Kroll, P.C., helps individuals throughout Michigan with complex divorce matters, including those involving child support and spousal support. Our skilled financial orders of support lawyers have a deep commitment to dependable representation and client-focused service. Our goal is to seek family law solutions that put you and your family in a position to thrive.
Seeking Fair Child Support Arrangements
Child support payments cover a wide range of expenses for a child, such as education, health care and daily living costs. Under Michigan law, these payments generally last until a child turns 18. The state has specific guidelines for calculating child support when parents split up. They factor in the income of both parents and various other considerations.
Our child support lawyers understand the intricacies of these guidelines and can help you pursue a support arrangement that is fair, given your family’s unique circumstances.
Understanding Spousal Support
Spousal support, also known as alimony, involves one spouse making payments to another after a divorce to help with financial needs. These payments can be a one-time lump sum or periodic payments over time. Spousal support can be established either through agreement or by a judge’s decision.
Judges consider the financial situation and overall circumstances of both parties when deciding whether to grant alimony. Our alimony attorneys are here to answer your questions and explain your options when it comes to spousal support issues in your divorce.
How Does Spousal Support Work In Michigan?
Spousal support, also known as alimony, is not automatically awarded in Michigan divorces. The court examines multiple factors to determine whether support is appropriate, how much should be paid, and for how long payments should continue.
Unlike child support, which follows specific mathematical formulas, spousal support decisions are made on a case-by-case basis by evaluating the unique circumstances of each marriage. The court considers several important factors when determining whether to award spousal support:
- Length of the marriage: Longer marriages are more likely to result in spousal support awards.
- Age and health of both parties: These factors affect earning capacity and financial needs.
- Ability to pay: The court examines whether one spouse can afford to pay support while maintaining their own reasonable needs.
- Prior standard of living: Courts consider the lifestyle established during the marriage.
- Contributions to the marriage: Including non-financial contributions like homemaking and childcare.
- Educational level and employment history: These factors impact each spouse’s ability to be self-supporting.
- Property distribution: How assets are divided in the divorce may affect support decisions.
- Fault in the marriage: While Michigan is a no-fault divorce state, conduct during marriage may be considered when determining support.
- Future earning potential: Courts consider each spouse’s career trajectory and income growth prospects.
It is important to understand that prenuptial and postnuptial agreements can significantly impact spousal support determinations. If these agreements contain valid provisions regarding alimony, courts will generally honor those terms.
The duration of spousal support varies widely based on circumstances. Support may be temporary (rehabilitative), allowing a spouse time to gain education or employment skills, or it may be permanent in cases involving long-term marriages or disability. Michigan law also specifies that spousal support typically terminates when the recipient remarries, unless the divorce judgment explicitly states otherwise.
While spousal support and child support are separate obligations, they often interact financially. The court considers the complete financial picture when making determinations about both types of support. At Daudi & Kroll, P.C., we help clients understand how support obligations fit into their overall divorce settlement and advocate for fair orders that protect their financial future.
Who Pays Child Support In Michigan?
In Michigan, the court decides who pays child support, and how much, pursuant to the Michigan Child Support Formula (MCSF). Under Michigan Compiled Laws § 552.605(2), this guideline must be used in all cases to calculate child support unless the judge finds that doing so would be unfair or inappropriate, or the parties choose to deviate from the formula.
When a child support order is entered, courts look at:
- Each parent’s income, including wages, salaries, bonuses, self‑employment and other earnings;
- Parenting time, or more specifically, how many nights per year the child spends with each parent;
- Number of children supported under the same order, and if there are any additional children not subject to the present order but receiving support from one of the parents;
- Health care and child care costs paid by each parent for the child;
- Other relevant factors that influence a parties’ ability to pay.
These factors determine the status and ability to pay for both parents, and ultimately titles the individuals to either be a payor or a payee. If a parent receives public assistance, the support may be assigned to the state instead.
If applying the formula would lead to an unjust result in a particular case, a judge may deviate from the formula but must provide written reasons for doing so. Keep in mind, parties can also deviate from the formula, but both parties have to agree. We can help gather accurate financial data and present arguments for fair calculation or justified deviations.
Guiding You Through Order Modifications
Your family’s circumstances can change significantly over time. This could cause an existing financial support order to no longer align with the reality of the ground. In such cases, you may be able to pursue a modification.
When And Why Child Support Orders Can Be Updated
Child support orders can be modified if circumstances change after the original order was entered. In Michigan:
- Either parent can file a Motion Regarding Support at any time before the child turns 18 (or 19½ in limited cases), or
- The Friend of the Court may automatically review support every 36 months, or sooner if requested in writing or there is a major change in circumstances.
General reasons for updating a support order include:
- Significant income changes for either parent,
- A change in parenting time or custody arrangements,
- Changes in health care coverage or child care costs,
- Increased needs of the child or special circumstances, or
- Any other relevant factor that impacts the ability to provide support.
Reach Out to Us Today
Personalized, dependable legal help can make a big difference in child support and alimony cases. Let our experienced financial orders of support lawyers help you get on the path to effective solutions.
Reach us by email through our contact form. You may also connect with us by phone at 517-306-4538 or 734-249-6310.