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Family law is the area of the law that deals with family relationships. Although the most common matter is divorce, it also includes spousal support (aka alimony), child custody and parenting time, child support, prenuptial and postnuptial agreements, protective orders, and guardianships.
Divorce and Spousal Support
Spousal support is sometimes referred to as alimony or maintenance. Either you or your spouse may be entitled to spousal support, depending on your income and property, your standard of living, your financial needs, length of marriage and the circumstances leading to the divorce.
What criteria does the Court use in determining spousal support?
Michigan case law has focused on 11 factors to consider whether spousal support should be awarded. The Court must make findings on each factor relevant to a particular spousal support claim:
- The past relations and conduct of the parties.
- The length of the marriage.
- The ability of the parties to work.
- The source of and amount of property awarded to the parties.
- The age of the parties.
- The ability of the parties to pay spousal support.
- The present situation of the parties.
- The needs of the parties.
- The health of the parties.
- The prior standard of living of the parties and whether either is responsible for the support of others.
- General principles of equity.
Court-ordered spousal support.
Spousal support may be ordered by a judge in a divorce case. Normally, court-ordered spousal support will be modifiable.
Modifiable vs. non-modifiable.
Most cases settle before trial. If the parties’ Judgment of Divorce does not specify that the spousal support is non-modifiable, then Michigan law provides that upon proof of changed circumstances, one of the parties can file a motion in court to raise or lower the amount, or to terminate the support altogether.
On the other hand, if the parties agree that neither party will pay spousal support to the other, or that spousal support is to be paid at a certain rate, they can declare the support to be non-modifiable. This means that neither party has the right to petition the court to modify the agreement at a later time. There are risks and rewards for both the payor and the payee with non-modifiable support. We suggest that you contact our office for discussion about your specific situation.
Rehabilitative spousal support.
The current trend is away from permanent spousal support that is payable until death, remarriage or cohabitation. Rather, the courts are more typically ordering “rehabilitative” spousal support. This type of support is generally awarded for a limited period of time during which the court hopes that the recipient can become self-sufficient.
Child Custody in Michigan: Basic Considerations
Child Custody in Michigan is determined by the Court according to the Child Custody Act. The Act applies to any minor child, and to any legally authorized private or public agency of this or any state concerned with the welfare of minor children, including licensed placement agencies.
What does the Court consider in determining child custody?
The judge will listen to testimony and evidence from the parties, families, teachers, expert witnesses and others. Tangible evidence, such as school records and medical reports, will also be examined.
What criteria does the Court use in determining custody?
The judge will compare the two parents based on the following list of 12 factors. Basically, the Court will decide which parent’s evidence outweighs the other in each area. It will evaluate all of the evidence to determine whose custody will be in the best interests of the child.
A. The love, affection, and emotional ties existing between the parties and the child.
- With whom does the child bond more?
- Who does the child approach with a problem?
- Who empathizes more with the child?
- Who spends more hours per day with the child?
- Who prepares the child’s meals?
- Who bathes and/or puts the child to bed, and reads the child stories?
- Who has the ability to separate the child’s needs from one’s own?
- To whom does the child openly show signs of affection?
B. The capacity and disposition of the parties involved to give the child love, affection and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
- Who stays home from work if the child is sick?
- Who takes responsibility for involvement in educational matters?
- Who is responsible for involvement in extracurricular activities?
- Who disciplines the child, and how?
- Is there verbal abuse, and by whom?
- Does one parent support extended family involvement more than the other with grandparents, uncles, aunts, and others?
- Who might involve the children in a religious creed?
C. The capacity and disposition of the parties involved to provide the child with food, clothing, and medical care recognized under Michigan laws.
- Who makes purchases for the child?
- Who attends to special needs of the child?
- Who has greater earning capacity?
- Who is able to adjust working hours based on the needs of the child?
- Who has better certainty of future income?
- Who can provide insurance for the child?
- Who takes the child to medical appointments?
- Who arranges for childcare?
D. The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
- Who has provided for the child up until the trial, and who can provide in the future, a stable, secure, and safe environment?
- Who can provide continuity?
E. The permanence, as a family unit, of the existing or proposed custodial home.
F. The moral fitness of the parties involved.
- Have there been extramarital affairs?
- Has there been physical or verbal abuse, alcohol or other substance and drug abuse, poor driving records, physical or sexual abuse of the children, criminal records, or other illegal or offensive behaviors?
The judge will assess whether or not any of these behaviors has affected that parent’s parenting skills. Note that a parent living with another person to whom they are not married may, but does not necessarily, indicate moral unfitness.
G. The mental and physical health of the parties.
Does either party have a physical or mental health problem that significantly interferes with the ability to care for the child’s wellbeing? It is important to determine if any disability has an impact on actual parenting. Otherwise, such illnesses may be considered irrelevant.
H. The home, school and community record of the child.
- Who better encourages and influences attendance at school?
- Who is actively involved in school conferences and activities?
- Who can more adequately assure the child’s access to friends and peers?
- Who can better supervise the child’s home responsibilities?
- Who takes responsibility for completion of school assignments?
I. The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
The judge will also assess whether the child prefers to live with either of the parents. The older and more mature the child is, the more weight the court will give to this factor. Any external pressure on the child or “flip-flopping” by the child are relevant. The judge will probably ask the child if he or she has been asked by the parents about his or her preference. If the judge senses that the child is being pressured, it would be harmful to that parent’s case.
J. The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and both parents.
- Who can best cooperate with the parenting time schedule?
- Does either parent criticize the other parent in front of the child?
K. Domestic violence, and if the violence was against or witnessed by the child.
- Have there been incidents of violence in the home by any party against any party?
- If so, have there been police reports, arrests, or convictions?
- Has there been a pattern of violence, reported or not?
L. Any other factor considered by the court to be relevant to the dispute, such as:
- Who can most likely address the special needs of the child?
- Has either parent threatened to kidnap the child?
- Has each failed to exercise parenting time, or failed to return the child?
- Are there other children, whether or not a part of the impending litigation, whose custody is relevant to the child’s best interests?
- Are there “significant others” or new spouses whose relationship with the child affects the child’s best interest?
- Is there an issue regarding separating two or more of the children?
A Trusted Team
PMA is a cross-disciplinary group of Grand Rapids attorneys and professionals, experienced in Family Law, who work closely with our Estate Planning, Business and Tax, and Litigation client service groups to ensure all aspects of law are considered in pursuit of solutions for our clients. We work together to create a plan and a budget to ensure that all parties understand the expectations and complications associated with Family Law matters.
Family Law Core Team
Miles J. Murphy, III, Attorney, with more than 20 years of experience in Litigation and Family Law, he represents individuals and families in court throughout West Michigan. He is also a former member of the Kent County Family and Children’s Coordinating Council.
Brian J. Plachta, Attorney, with more than 20 years of experience in Estate Planning and Business Law.
John L. Rzepka, Tax Resolution Specialist, with more than 30 years of experience, including 15 years with the IRS.
Our Solutions:
Divorce:
- Marital asset and debt division
- Business interests
- Retirement accounts
- Pension plans
- Qualified domestic relations orders (QDROs)
- Settlement agreements
- Spousal maintenance (alimony)
- Spousal awards and appeals
- Mediation
Marriage:
- Prenuptial agreements
- Postnuptial agreements
Domestic Violence:
- Restraining orders
- Protective orders
- Defense of those accused of domestic violence
Children:
- Child custody and parenting time
- Child support
- Paternity and legitimization
- Voluntary or involuntary termination of parental rights
Dispute Resolution:
- Facilitative mediation
- Arbitration
- Appeals
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