Tuesday, April 2, 2019

Spousal Support 810-235-1970

SPOUSAL SUPPORT REVIEW BY FLINT DIVORCE ATTORNEY TERRY BANKERT 810-235-1970. WWW.ATTORNEYBANKERT.COM
The purpose of spousal support is to “balance the incomes and needs of the parties in a way that will not impoverish either party” based on that which is “just and reasonable under the circumstances of the case.” Myland v Myland, 290 Mich App 691, 695; 804 NW2d 124 (2010). [3/19/19 Csercse ]
To assist the analysis, this Court has enumerated several factors for a court to consider: Factors to be considered are
(1) the past relations and conduct of the parties,
(2) the length of the marriage,
(3) the abilities of the parties to work,
(4) the source and amount of property awarded to the parties,
(5) the parties’ ages,
(6) the abilities of the parties to pay alimony,
(7) the present situation of the parties,
(8) the needs of the parties,
(9) the parties’ health,
(10) the prior standard of living of the parties and whether either is responsible for the support of others,
(11) contributions of the parties to the joint estate, and
(12) general principles of equity. In addition, the court may consider a party’s fault in causing the divorce. [Thames v Thames, 191 Mich App 299, 308; 477 NW2d 496 (1991) . [3/19/19 Csercse ]
“[T]he effect of cohabitation on a party’s financial status” is also relevant. Berger v Berger, 277 Mich App 700, 727; 747 NW2d 336 (2008). [3/19/19 Csercse ]
The trial court should make specific findings of fact for factors that are relevant to the case. Myland, 290 Mich App at 695. [3/19/19 Csercse ]
The “Tax Cuts and Jobs Act signed into law on December 22, 2017, eliminates the alimony deduction (Section 71 payments) for agreements executed after December 31, 2018,[ICLE]
A Judgment of Divorce is required by MCR 3.211(B)(4) to contain a provision “reserving or denying spousal support.” If for some inexplicable reason, a Judgment of Divorce is silent regarding spousalsupport, under MCR 3.211(B)(4), the issue of spousal support is reserved. Prior to the enactment of MCR 3.211(B)(4), if a Judgment of Divorce was silent in regards to spousal support it was barred and, therefore, not modifiable. Mack v Mack, 283 Mich 365; 278 NW 99 (1938).[ICLE]
SPOUSAL SUPPORT REVIEW BY FLINT DIVORCE ATTORNEY TERRY BANKERT 810-235-1970. WWW.ATTORNEYBANKERT.COM
PRINCIPAL SOURCE. S T A T E O F M I C H I G A N C O U R T O F A P P E A L S GREGORY ALLEN CSERCSE, Plaintiff/CounterdefendantAppellant, UNPUBLISHED March 19, 2019 v No. 342902 Gladwin Circuit Court SHARON ANN CSERCSE, LC No. 17-008899-DO Defendant/CounterplaintiffAppellee. Before: STEPHENS, P.J., and GLEICHER and BOONSTRA, JJ. PER CURIAM. CITED HERE [3/19/19 Csercse ]

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