Spousal Support in Michigan, a Q &A primer

Q: What is Spousal Support?

A: Spousal support is an amount of money that is paid from one spouse to another, or to an ex-spouse, because of a divorce or pending divorce.

It used to be called "Alimony."
Also, traditionally, it was paid from the husband to his ex-wife. That is no longer the case, as either spouse may be ordered to pay.

Q: When is spousal support ordered? 
A: It depends. Spousal support is not a "given" in the majority of cases. A judge considering spousal support will look at many factors. However, if the parties have minor children, the obligation of the parents to pay child support will come before any spousal support obligation.

Some of the factors of spousal support include: the need of one party to receive, the ability of the other party to pay, the ages of the parties, the length of the marriage, the health of the parties, the past relations and conduct of the parties (fault of the marriage breakdown can be part of this factor), present situation of the parties, responsibility for the support of others, and general principles of equity.

 Q: What kinds of spousal support are available? 
A: Support can be temporary, or permanent. Either type of support can be modifiable.

Temporary spousal support (also called rehabilitative support) can be ordered while a divorce is pending, and past the entry of the divorce. Temporary support is intended to help one party "get on their own two feet." In other words, it is intended to help get that spouse independent of the other spouse.

Temporary support has a timeline (for example, 18 months after entry of judgment) and after that point it is not ordered, unless it can be shown that circumstances warrant continuance.

Permanent spousal support has been found appropriate where there has been a long term marriage with a spouse who has no marketable skills, or one spouse with superior earnings and the other spouse with questionable earning capacity, or a great discrepancy between the incomes of the spouses and a wife who devoted most of her adult life to the "homemaker" role, or where there is a serious doubt that one spouse could support him or herself because of a disability.

Permanent spousal support generally continues until death or remarriage of the party.

Q: How is spousal support enforced? 
A: It is enforced through various ways, like income witholding, liens, contempt (show cause), license suspensions, and interception of tax refunds.

Q: How is spousal support modified?
A; It is modified when one party requests the court for a modification. Unlike child support, no minimum time needs to pass before a modification request can be made. If the court has jurisdiction over the payor at the time of the order, the court will continue to have jurisdiction over a modification.

The person requesting modification has to be able to show, through new facts or changed circumstances, that a change is warranted. The person requesting the change has to show this through a preponderance of evidence.

Factors that will justify a modification include: remarriage, cohabitation, change in needs, change in the ability to pay, retirement of a party, or death of the payor.

Choosing a family law attorney, Part Two

In Part One, we discussed ways of getting information on attorneys. Part Two will talk about the initial phone contact with the potential lawyer's offices.

Frequently asked questions: 
1. Who answers the phone and how do they answer it? 
A: Many attorneys do not answer their own phones. His or her schedule won't permit it perhaps, or the attorney prefers to have a gate keeper between himself or herself and the general public. Either way, you are a potential paying client, so you should feel welcomed, and not that you're an intrusion on otherwise valuable time. It's possible that you will have to leave a voice mail. If so, make sure you state whether the attorney can call you back, or not.

2. What kinds of questions should I ask? What kinds of questions should I be ready to answer?
A: Be prepared with a list of questions about your specific situation. For example, "I am thinking about filing for divorce, and I have three minor children." Or: "My ex-girlfriend left the state with our child, can I start a custody hearing?" Be specific, as the attorney can only answer what they are aware of. Don't be afraid to ask about costs.

If you have a specific date coming up, make sure you mention that, or it may not be addressed. For example, "I just left a custody hearing this morning, and the judge said to come back for an evidentiary hearing . . . "

Remember, attorneys are smart, not psychic! And it's entirely possible that some of your questions will need more time before they can be answered. This is why there is no "one-size-fits-all" divorces.

On the other hand, try to answer any questions that are asked. My office has a list of questions used for when a potential new client calls, so that I am aware of what next steps need to be taken for that case. We will always ask where you live, how long you've been married, and the ages of the children.

3. Scheduling the initial appointment and other matters.
It's possible that you'll be scheduled for either a phone consultation, or an in-office consultation. I prefer in-office consultations. I feel that it's easier, less rushed than a phone call, and allows the potential client (and attorney) feel more at ease with one another.

Please consider where your attorney is located, your own location, and the courthouse you'll be using. If you plan on making your attorney drive long distances, that's fine, but that might impact your cost overall.

4. The appointment is scheduled, now what?
It's possible the attorney will mail you information to fill out, or have you fill it out in the consultation. This information will help them start your case, and give you some legal answers. Either way, keep your appointment, or call to reschedule it if necessary.

Set aside enough time to drive to the appointment, depending on the time of day.

Bring any necessary documents with you, for example, anything you've received from the court, or that you feel will help the attorney to serve you better.

5. How much should I expect to pay?
A: This is a difficult question to answer. Attorneys have rules of professional ethics to guide them in setting fees. (MRPC 1.5)  That said, a basic retainer could range from $850 to $5000, depending on the complexity of the legal issues involved, the experience of the attorney, and the novelty of the legal issues involved (more complex or unique issues can take longer to be addressed).  And, the retainer may or may not cover your entire cost of the case, depending on how long it takes, and the nature of the parties involved (who will argue more over issues, you or your soon-to-be-ex?) Also, additional experts may be needed, from child psychologists to business valuation experts, depending on your situation.

Coming Next: Part Three: What to Expect in the Initial Consultation.

Divorce information in Michigan - a brief overview of family law issues

What follows is a brief overview of issues in Family Law. For more information, contact me, or view my website, nancyballastlaw.com 

Divorce - Time Lines

The time you are waiting for your divorce to be final depends on several things. If you are married with minor children, the waiting time is at a minimum six months, as set by the state statute governing divorce. If you are married without minor children the waiting time can be less. This all depends on whether, as the deadline approaches, there are still issues to be settled between the spouses, such as property division, or spousal support.

Spousal Support

Spousal support (formerly called alimony) is not an automatic "given" in any marriage. The court decides whether to award spousal support, and for how long, depending on several factors. The factors include, but are not limited to: the ages of the parties, the abilities of the parties to work, the length of the marriage, and so on. It's also not a "given" that the man would pay spousal support to the woman, it could be reversed, depending on the situations of the parties.

Child Custody

It's possible that a couple can reach an agreement about child custody before they begin the divorce process. If that's the case, it makes things easier on all parties, and the children as well. But if the parties can't agree on custody, it will be decided by the court. The court takes into consideration the best interests of the child, and may decide that a joint custody arrangement is preferred to one where one party has "sole custody."

Child Support

All children have the right to a parent's financial support until the child is 18 or graduates high school. The amount of support a parent will pay is based on applying the Child Support Guidelines, with the amount of parenting time a parent has as a factor. Joint custody of children will not erase a parent's support obligation. Many factors go into calculating what child support obligations are.

Property

Property settlement is the area of divorce that divides all assets accumulated during or by reason of a marriage. Even if property is titled in one party's name, it may be considered as marital property. If a valid prenuptial (or antenuptial agreement) was entered, that will also be considered by the court.

Visitation

It is presumed that it is in the best interests of the child to have a relationship with both parents that continues during and beyond the divorce process. The court will arrange for visitation that supports a relationship with both parents - whether custodial or non-custodial. Often, parents can agree on a schedule for visitation, but if not, the court will arrange one for the parents. If one party seeks to restrict or limit the other party's visitation, the court will only order this based on clear and convincing evidence that visitation would be a danger to the child's physical, mental, or emotional health. This is because a child has an inherent right to love and affection from both parents, and neither parent should attempt to estrange children from the other parent. It's best not to involve the child in disputes between the parents that often occur during the divorce process.

Friend of the Court

Friend of the Court may be involved in your divorce, custody, or child support case. Friend of the Court is an arm of the court, and it issues recommendations on child support, custody, and visitation. It is also involved in enforcement of child support orders.