Child Support determinations are as common in Michigan courts as they are in other states. If one parent gets sole physical or legal custody of a child, the other parent will usually be required to pay child support – which will cover the child’s expenses that are obtained by the custodial parent. These expenses include schooling needs, health care, food and shelter, etc.Child support is clearly viewed by the courts as the child’s right – not the custodial parent’s right. Determining factors are the income, expenses, debt, and assets of both parents. Every circumstance is taken into account to adjudicate a reasonable monthly child support payment which is not more than a parent can afford. Courts can, however, look at what the potential parents’ incomes could be, if future jobs are more in line with their potential earning capacity – and base the child support payments on that potential earning capability. Child support can also be awarded to the custodial parent even if he or she does share custodial time with the other parent, if the court deems that the primary custodial parent will need assistance, based on his or her income, assets, debt, etc. The court can seize one’s assets for non-payment of child support, and/or modify payments when income has changed for whatever reason.
Alimony is an interesting concept, and still a possibility in a pending legal separation or divorce. Spousal support is defined as the monthly payments to one partner in a marriage based on the contributions that the other partner made to the marriage. Length of the marriage is a key determining factor, as well as what the partner paying the benefit has contributed to the marriage in a substantial way. If the woman is the prime wage earner in a marriage, it may well be the woman paying the spousal support. State laws vary widely – a good indication that you need an experienced Child Support and Spousal Support Attorney such as Matthew T. Miller & Associates, LLC. You have to know the facts that will affect a court’s decisions, and have a trustworthy, professional and experienced Attorney such as Attorney Miller aggressively advocating for your needs. Contact us today for a free initial consultation at (231) 726 – 3333.