In Michigan, child support is intended to cover the necessities such as food, shelter, medical expenses, and other essential needs. Child support is important so that a child can live a full potential life. Paying child support can also help both parents work together while they are separated. In this blog we will be talking about how child support can affect spousal support.
Spousal Support 
Spousal support or alimony is financial support given to a spouse after a divorce to support the other party. In Michigan family court you are likely to see one of three types of payments: permanent (periodic or lump sum), rehabilitative, and reimbursement. Which type you encounter depends on a number of circumstances such as the relative incomes of the spouses as well as the role both played in the household leading up to the divorce.
Can Child Support Affect Spousal Support?
The short answer is yes. The increase of the recipient’s income and the accompanying expense to the other spouse often results in a decrease in the amount of the other type of support. However, this only applies once. For the sake of fairness, one form of support will be decided based on the income of both spouses (sans support payments) and the other form of support will typically take the payments from the first into account.
That being said, spousal support payments will never be a direct substitute for child support obligations. All child support payments are presumed to be used on the child, while the spousal support is so your ex can meet her own needs. A longer marriage is a marriage where the court is more likely for the court to consider spousal support. For example a thirty year marriage is going to receive more scrutiny for alimony than a two year marriage would.
How much will I have to pay in alimony/spousal support?
The amount is generally left up to the court’s discretion. The Michigan family court will consider the following factors when determining the amount.
- The relationship and conduct of the former spouses
- The length of the marriage (a longer marriage might mean one of the spouses has less independent earning power)
- The ability of either spouse to work
- The type and amount of property that was awarded when the marital property was divided (a generous award might mean less generous support payments)
- The paying spouse’s ability to pay. (Family courts typically try to avoid bankrupting people.
Conclusion
Even if you are paying child support if the court decides you will also be paying spousal support. The court will decide if both spousal support and child support is needed. If you have any more questions, our attorneys at Goldman and Associates Law Firm can answer all your questions and needs about spousal support.
Our attorneys will give you the outcome that you desire, we understand how important this kind of matter is to you. For more information on Spousal Support in The State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about spousal support in Michigan.
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