Hearings, property division discussions, custody arrangements, parenting time, alimony payments, and child support obligations are all stages of the divorce process, especially if you have minor children. Before you start saying that you don’t want to provide alimony or child support, take some time to grasp what that means. Income plays a key role in decisions for alimony (spousal support) and child support.
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Since most divorcing couples want to cut off all ties to their former, they would prefer to settle the case without having to make recurring payments. There is more room to hash out alimony or spousal support agreements. However, in the case of child support, the courts may set up proportionate and recurring payments but will not accept non-payment. It won’t be about not paying it—child support is required—if you want to get around it. Sanctions are imposed if you don’t pay, and they are very severe! Consult your lawyer to learn the level of concern the court has for child support.
The Truth About Spousal Support
In Michigan, either spouse in a divorce can ask for spousal support, we used to refer to this as alimony. A payment made by one ex-spouse to the other during or after a divorce is known as spousal support. Spousal support is intended to make sure that each spouse can meet their financial obligations both during and after the divorce process.
Michigan provides four types of spousal support: temporary, periodic, permanent, and lump-sum (spousal support in gross amount).
The court will decide what form of support is most appropriate for your circumstance if you are eligible for it. The only time temporary support is provided is while the divorce is pending. In contrast to lump-sum support, which is paid all at once, permanent support is paid over an extended period of time in equal installments.
For partners who for some reasons are unable to sustain themselves during the divorce process, temporary support is offered. When filing for divorce, either party may ask for temporary support; however, the court will only provide it only if it deems necessary.
In some cases, temporary assistance is referred to in court as “status quo” payments. For instance, if your husband has consistently made mortgage, utility, and car payments, the court can require that they do so even after you file for divorce.
In cases where there is a need and a large disparity in income, the court may additionally give temporary support in addition to the status quo payments. When the judge completes the divorce and issues a new support order, temporary support and status quo orders often expire or the court integrates the interim award into the final judgment.
The most typical form of support in Michigan is periodic support, which a court may provide for a short time (called rehabilitative support) or a longer period. In situations where one spouse is capable of supporting themselves but not right away, periodic support is commonplace.
For instance, the court may grant periodic spousal support for a period of time to give the recipient time to acquire professional skills or complete a degree that will enable the spouse to become financially independent in circumstances where one spouse gave up a career to raise a family or support the other’s career.
In Michigan, permanent spousal support is increasingly becoming the exception rather than the rule. It is only awarded in situations when the parties were wed for a long time and the recipient spouse is unable to become financially independent owing to age, illness, or disability.
Although uncommon, lump-sum support is appropriate in situations where one spouse is able to pay the whole support award in a single payment. Lump-sum payments are frequently made in the form of personal or real estate instead of cash. There is no ongoing requirement to provide periodic payments in biweekly, monthly, or annual payouts to an ex-spouse. This is the advantage of lump-sum support. The drawback is the paying spouse will have to make an upfront payment of a substantial lump sum of cash or valuable property.
The income of each spouse has a significant impact on how much alimony is awarded. The receiving spouse should be able to maintain a residence and a decent level of life, according to the court’s goal in making an award. Additionally, it can include a payout for legal expenses the receiving spouse has previously covered.
Although judges in Michigan are not required to follow a “formula,” some courts base spousal support awards on the child support formula and other factors. But when making a final order, the court has a great deal of discretion.
The Truth About Child Support
Every child requires both material and psychological support. Every child is entitled to both parents’ assistance. To support their child, parents must collaborate even if they do not live together. Children are given the opportunity they need and deserve to realize their full potential when both parents are actively involved.
Child support is money that a parent pays to support their child when they are not living together. The support is mandated by a court. Payment for education costs, child care costs, and other related expenses can all be considered forms of support. The court order for support could include the following: divorce, paternity action, child custody action, family support action, and intergovernmental action.
The reason courts in Michigan may not take a lenient view of non payment of child support since there are alternative ways to get assistance for child support.
IV-D child support services are available to parents or custodians who need assistance with establishing, collecting, or paying child support.
The Social Security Act’s Title IV-D (pronounced “four-dee”) established the child support program and established the guidelines that all state child support systems must adhere to. The child support program, also known as the “Title IV-D program” or the “IV-D program,” provides assistance to parents and custodians in determining and enforcing child support and medical support. After a child support order is established, the case can be subject to court expenses.
If each of the following conditions holds true, a person may be eligible to receive child support:
[a] She is either the parent or the guardian of a minor child or who is in charge of a little child.
[b] The person’s home is where the minor child resides.
[c] The minor child depends on that individual for financial support.
[d] The minor child’s parents do not cohabit with the minor child, either.
[e] Child support payments have been mandated by the court.
The following services are provided by Michigan’s Title IV-D child support program:
[1] Finding parents.
[2] Proving paternity.
[3] Setting up judicial orders for paying child care, medical, and maintenance obligations.
[4] When necessary, changing (modifying) court orders.
[5] Enforcing judicial orders requiring payment of child support, medical expenditures, and child care costs.
[6] Collaborating with other states, nations, and tribal groups to establish and/or enforce child support obligations where one parent does not reside in Michigan or owns property there.
[7] Processing child support payments after they are collected.
The child support program in Michigan does not offer these services:
[a] Assistance with divorce.
[b] The creation of a spousal maintenance (alimony) order.
[c] The enforcement of spousal maintenance in the absence of child support.
[d] Legal guidance or advice.
[e] Support for parenting time and custody
The child support program aids families in achieving or maintaining financial independence. Michigan’s child support program assists a kid in receiving monetary support, medical support, and assistance with child care costs by working with both parents to obtain and enforce support orders.
So You Don’t Want To Pay Child or Spousal Support
You’re a parent paying child support and you have disagreements with your ex. Added to that your ex is giving you a hard time in terms of keeping your parenting time. You feel you want to stop fueling the advantage of your ex by simply stopping payment for child and spousal support.
This is a very understandable sentiment. Frustration and exhaustion can cloud our judgment and put us in a bad place. You don’t want to be making rash decisions about not paying child or spousal support at the moment.
Take a deep breath and slow down.
By now, you probably met the Friends of the Court already. You might even have asked for assistance along the way during the course of the divorce. Now, the Friends of the Court is also the office your ex will go to in the event you stop paying spousal or child support.
They have many ways of enforcing collection and payment. All of it will not be pleasing to you. You might even stop calling the Friends of the Court as friendly after they enforce any of those many ways of collecting payment.
Let’s walk through most of them currently being used.
Income withholding. The Michigan State Disbursement Unit receives deductions from your paycheck for both current and past-due medical and child support obligations. There are more sources of income that must be withheld as well.
Pension fund (s). Both state and federal pension schemes, as well as private pension plans, are subject to support orders.
Offset of tax refunds. Federal and state tax refunds may be withheld to pay for past-due support after it exceeds a certain amount.
Surcharge. A judge may order that a semi-annual interest surcharge be added to the amount you currently owe if your child support payments are in arrears.
Lien/levy. Your real estate, personal property, insurance claims, and other financial assets may be the subject of a lien or levy.
Bench Warrant or Show Cause. You may be required to appear in court to defend your actions if you don’t pay child support or medical expenses on time. You might just find yourself in a holding cell pending your court appearance.
Felony or criminal charges. Yes, things may indeed become this nasty. The county prosecutor may be tasked with handling your case. It’s possible to be charged with felony non-support. This is serious jail time.
Denial of a passport. Don’t make foreign travel arrangements just yet. Just $2,500 in unpaid support might result in your passport being denied or canceled.
Report on credit. When you apply for a loan, your credit score may be negatively impacted if you fall more than two months behind on your payments, which is reported to a consumer credit reporting agency.
License revocation Several types of licenses, including driver’s, hunting, fishing, and professional licenses, may be rejected, suspended, or canceled after a two-month payment delay.
The effects of not paying child support can be felt in almost every area of your life. Along with the financial consequences, driving legally, traveling internationally, practicing a profession, and even going fishing may all be impacted.
When you’re entertaining the thought of not making good on your child and spousal support payments, please talk to your attorney first before making your decision final.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.