Westland Child And Spousal Support Lawyer
Canton Spousal And Child Support Attorney
Spousal support and/or determinations of child support are issues that one must work through when facing a divorce, separate maintenance, paternity and/or custody case. These are not issues to be taken lightly. It is wise to seek the counsel of an experienced attorney to ensure your goals and your rights are protected.
The experienced attorneys at Clos, Russell & Wirth, P.C., will advise and guide clients through all the divorce and support issues they face. Our lawyers are dedicated professionals who are skilled negotiators and accomplished trial attorneys. We will attempt to resolve your disputes through negotiation and/or mediation, but if a beneficial agreement cannot be reached, we are confident in our ability to represent you in court.
- Child support: Child support is typically set by the use of a mathematical formula, however, it is important to have a skilled attorney oversee and assist with the process. Variables such as the income of the parties, tax exemptions, parenting time, day care and health insurance premiums must be taken into account. Moreover, special circumstances may exist that may need to be considered. For example, a party that is self-employed may not fully disclose the actual amount of income they receive from their business, hoping to depreciate their earnings and thus obtain a lower child support amount.
- Spousal support: Spousal support, also referred to as alimony, is a sum of money usually paid by one spouse to another spouse during divorce proceedings and/or following entry of a Judgment of Divorce or Separate Maintenance. There is no hard and fast rule to determine whether spousal support would be ordered in any particular case. Rather, the courts first look to see if the requesting party has a need for spousal support. If so, then the court looks to see if the other party has the ability to pay. If both circumstances exist, then the court must consider these additional factors in determining whether to award spousal support:
1. the past relations and conduct of the parties (fault)
2. the length of the marriage
3. the ability of the parties to work and their respective incomes
4. the source and amount of property awarded to the parties
5. the ability of the parties to pay spousal support
6. the present situation of the parties
7. the needs of the parties
8. the health of the parties
9. the prior standard of living of the parties and whether either is responsible for the support of others; and
10. the age and educational level of the person claiming spousal support
Spousal support is typically taxable to the recipient and is deductible by the payer. As both federal and state tax laws and their interpretation continually change, your attorney cannot guarantee any tax consequences resulting from your divorce proceedings and the judgment of divorce.
- Modification: Child support is modifiable by the court upon a showing of a change in circumstances. Most often a change of circumstances exists if the income of either party changes or there is a change in custody or parenting time. Unless otherwise stated in a judgment, spousal support is modifiable at any time, provided there has been a change of circumstances (which most often is a change in the income of one or both parties).
Contact Our Firm
If you have questions regarding child and spousal support in Michigan, contact the office of Clos, Russell & Wirth, P.C. or call 877-354-0660 to schedule a free initial consultation. We accept all major credit cards as payment for services.