Whichever kind of alimony is either settled on or ordered by the court, those payments will only be considered to be alimony if they conform to Section 71 of the Internal Revenue Code. The procedure for making a spousal support order is outlined in MCR 3. This Michigan Court Rule has three requirements: 1 that a Uniform Support Order be prepared regarding all spousal support provisions; 2 that the final spousal support judgment either refer to the Uniform Support Order or state that no such order is necessary; and 3 that the personal information about the party against whom the order is entered by relayed to the Friend of the Court.
To enforce spousal support orders, the Friend of the Court uses the Support and Parenting Time Enforcement Act, along with other statutes. With this, a person can make spousal support payments automatically. Spousal support orders are also enforced using liens on real and personal property, the suspension of licenses, and the attachment of pension plan proceeds. Spousal support awards can also be enforced through sanctions, such as contempt. In other words, failure to pay spousal support could mean facing civil or criminal penalties.
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Depending on your situation, it could be possible to change your spousal support order if modifiable alimony was ordered in your Judgment of Divorce. Some of the acceptable reasons for a new spousal support order include cohabitation, remarriage, or change in need or ability to pay.
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There are also other reasons for a new spousal support order, but some of the main ones are discussed here. Unless the Judgment of Divorce specifies otherwise, there could be grounds for modifying the spousal support order if the recipient remarries. However, a remarriage does not necessitate a modification.
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It is up to the court to decide if and how a modification to the spousal support award might take place. A combination of cohabitation and other factors could also be grounds for modification, but, again, cohabitation alone would not guarantee a modification. It is possible, however, that the Judgment of Divorce specifies that cohabitation would allow an end to spousal support payments.
Two common reasons for a modification to the spousal support order are change in need and change in ability to pay. A change in ability to pay might occur when the individual making the payments has a significant increase or decrease in the ability to pay.
Note that a change in income by itself does not guarantee an alteration to a spousal support award. Divorce is always a difficult process, and spousal support orders only add to the complications. There is so much at stake in divorce, especially when considering property division, alimony, and other family law issues. You should not try to deal with a spousal support order on your own. You should hire a skilled attorney to advocate on your behalf to help you come to a fair arrangement. A fair arrangement will take into account all of the facts and circumstances in your case including the alimony, child support, property settlement, incomes and so on.lifepower.vip.avoori.com/cimas-snapchat-spy-app.php
Our Oakland County family law attorneys have decades of experience helping others in their divorce cases, and we are ready to help you too. Call our Oakland County office today to get the help you need and deserve. Call us for a phone consultation or set up an in-office meeting. We are conveniently located at Northwestern Highway. Office meetings are by appointment only.
Spousal Support Alimony. If it was, then the alimony award may be changed if the party requesting the change can demonstrate changed circumstances, such as a change of income, disability or other extraordinary situations. We can directly assist you in determining whether your situation calls for a modification and can answer any other questions you may have relating to your support award.
Divorce and Family Law
Our divorce and alimony lawyers file actions for support, defend against alimony claims, petition for modifications and seek enforcement of original orders. Another concern clients may have is that they are not receiving their alimony payments or their order is non modifiable and they cannot afford to pay their spousal support obligation.
We are experienced in all aspects of spousal support and can assist you through every situation. A successful outcome depends on obtaining all relevant information. We have investigators, accountants and other financial experts who can help us develop the strongest case possible.
Call us at to learn how we can help you with a Michigan alimony award. Call us today to make an appointment: or Email Us. Call us today to make an appointment.
Welcome to City of Pontiac, Michigan
Menu Contact. Oakland County Alimony Attorneys Michigan law provides for spousal support formerly called alimony on a case-by-case basis. Factors Included In Michigan Spousal Support Calculations The courts consider these and other factors when determining if alimony should be awarded as well as the amount and duration of alimony awards: Conduct of the parties during marriage, including infidelity or substance abuse Prior standard of living of the parties Health and ages of the parties Length of the marriage Ability to be self-supporting Amount of property and incomes of both parties Needs of the parties These and other issues are considered by a judge.
How A Lawyer Can Help Our divorce and alimony lawyers file actions for support, defend against alimony claims, petition for modifications and seek enforcement of original orders.
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