Eisenberg, Middleditch & Spilman, PLLC

Birmingham, Michigan, Family Law Blog

Michigan child support payments now easier to make

Convenience can make a difference. Across the country, the excuses for not making child support payments are almost as prolific as the delinquent payments themselves. However, the state of Michigan has been working to eliminate some of these excuses.

This past August, Michigan introduced a convenient way for some parents to make child support payments. Using a network called PayNearMe, parents can now make payments at 7-Eleven, Family Dollar and CVS stores. As of April 2017, over $1.3 million in support payments had been processed using this network.

Property division concerns for older divorcee

"Can I afford a divorce?" This is the question than goes through the minds of many older Michigan residents as they contemplate ending an unhappy marriage. In order to answer this question, it will be necessary to review the current financial situation and all elements that will be involved in the property division part of the proceedings. This will also include any alimony, child support and child custody concerns.

One of the first steps in this process is to take a look at the everyday financial needs of each party. How much will each individual need for daily life and to meet all financial obligations? What is the current income of each individual? A review of current income and expenditures should help clarify this part of the process. The answers to these questions will help determine if alimony will come into play and possibly whether the family home should be retained or sold.

3 problems that lead divorcing couples to mediation

Mediation is gaining ground over traditional divorce, and there are three main reasons. First, the cost of working out the divorce settlement can be extremely high. Second, settlements often do not last, and third, a bitter divorce takes a toll on the parties in terms of emotional trauma.

Many couples headed for divorce court are taking a detour toward mediation as a less contentious and much more satisfactory way of ending their marriage.

Property division and the prenuptial agreement

The location has been selected, the cake tasted and the dresses ordered. It appears that everything for a perfect Michigan wedding is coming together. Yet, one important part of the planning process that is sometimes overlooked is planning for future possibilities. Sometimes the unthinkable happens, and death or divorce creeps in. With this possibility in mind, it is important that the happy couple discuss property division issues as a part of the wedding planning process.

Many of today's brides and grooms enter a marriage already owning property and other investments as well as a substantial bank account. Over the course of their marriage it is likely that these assets will be commingled and used by both parties. Then, if the unthinkable happens, lines regarding what should be included as a part of the property division process can get blurred.

Michigan child support modification

Most Michigan residents would like to think that as time goes by, their incomes will also increase. For many individuals, this is true and their families benefit. However, when that family is no longer together as one unit, the individual may still have an obligation to share the increase in income as a part of what is owed in child support.

The typical child support order is based upon each parent's income at the time of the agreement. Over time, circumstances change and one's income may increase or decrease. Thus, it is often in one's best interest to review the amount of child support being paid or received on a regular basis.

Property division and military pension payments

For many Michigan couples, many decisions regarding their divorce agreement revolve around financial concerns. Even after all the details have been worked out and agreed to, future decisions can sometimes have a significant financial impact on both parties. In addition to child support, and alimony, property division can play an important role in the post-divorce finances of each individual.

The division of retirement accounts and pensions can be an important financial concern to each individual. For many couples, these funds were accumulated throughout the course of the marriage and account for a significant portion of the marital estate. When a couple divorces, these accounts are often a significant concern for the future well-being of each individual.

Buyout plans may interest business owners going through divorce

Individuals who have started companies that have seen success over the years may have earned a considerable amount of money. Because hard work and dedication often contribute to this achievement, many Michigan business owners feel reluctant to part ways with much -- if any -- of their stake in the company. However, some parties may find it more difficult to retain full ownership if they go through divorce.

Luckily, businesspeople do not have to immediately accept such losses. Individuals can take steps to protect their businesses when it comes time to divide property during divorce proceedings. As part of the agreement, a business owner could offer a buyout of the ex's share. One method that could reduce business losses after divorce involves paying for an ex-spouse's share of the business over time.

Prenup can offer protection during divorce

Before getting married, couples typically feel that their love will last forever. However, the reality is that divorce can happen to any couple. For this reason, drafting prenuptial agreements has received an increasing amount of attention in Michigan and elsewhere in recent years.

Prenuptial agreements, also known as prenups, are legal agreements that are entered into prior to walking down the aisle. They essentially outline what needs to happen should their creators decide to get divorced. These types of agreements offer a few major advantages.

How can divorce affect my tax situation?

Whether you herald the end of your marriage or dread it like the plague, there is no way for you to avoid the changes and multitude of decisions that you will need to make. You may become so focused on your living situation in Michigan and your kids' well-being that you fail to consider one major issue that can affect you long after your divorce is finalized: your tax situation. 

Certain property and asset division agreements can change your tax situation. Some agreements may be beneficial; others can leave you with a financial obligation to the IRS. To minimize the impact of your divorce on your tax situation, you should take some time to learn about the factors that can affect it. 

Property division and the different types of divorce

The decision to divorce is often a difficult one for a Michigan couple to make. One day the couple is fighting and can't stand the idea of another day together; another day, at least one spouse wonders if they should give it one more try. At some point, though, the difficult decision needs to be made and the individuals allowed to move on with their lives. Throughout this period of turmoil, decisions regarding property division, child custody and support, spousal support and more must be finalized.

If the couple is on amicable terms, it is possible that an uncontested divorce can be negotiated. With an uncontested divorce, the couple is able to discuss the different aspects of their agreement and come to terms that are acceptable to both parties. The couple agrees on the division of property, division of debt, child custody, child support and all other aspects that need to be addressed. This is perhaps the least costly and least stressful type of divorce.


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