Financial Support of Spouses and Children

Question 1

Spousal Support

Answer 1

One party’s obligation to provide the other with support in the form of income

Question 2

What are the factors considered for spousal support?

Answer 2

Duration of the marriage; contributions of the parties to the marital estate during the marriage; age and health of the parties; source and amount of property awarded to the parties on divorce; necessities and circumstances of the parties; ability of the parties to pay; earning abilities of the parties; and past relations and conduct of the parties; fault or marital misconduct may be taken into account

Question 3

What are the 5 types of spousal support and what do they entail?

Answer 3

1. Lump sum- fixed amount;
2. Permanent- award for remainder of dependent spouse’s life;
3. Limited duration- for short marriages w/ need of financial support;
4. Rehabilitative- to enhance/improve earning capacity for a limited time; and
5. Reimbursement- to compensate for financial sacrifices made during marriage (rarely granted)

Question 4

What is Palimony?

Answer 4

Financial support for unmarried cohabitants

Question 5

Is Palimony recognized in Michigan?

Answer 5

No

Question 6

Can a lump sum spousal support be modified?

Answer 6

No

Question 7

What are the requirements for modification of spousal support?

Answer 7

Establishment that a significant change in circumstances warrants modification

Question 8

Who has the burdens of proof when seeking modification of spousal support?

Answer 8

Party seeking the modification

Question 9

Does the willful/voluntary reduction in income affect spousal support payments?

Answer 9

No

Question 10

What are the affects to spousal support if a spouse dies?

Answer 10

Support is terminated

Question 11

What are the affects to spousal support if a spouse remarries?

Answer 11

Termination

Question 12

How long are both parents legally required to support their minor children?

Answer 12

Until 18; may be 19 and 6 months if child is a full-time high school student

Question 13

Can visitation rights be denied for nonpayment of support?

Answer 13

No

Question 14

Genetic Parentage Act

Answer 14

Used for a child born out of wedlock to establish a man as the biological father for the basis of court-ordered support or parenting time.

Question 15

Is the Genetic Parentage Act applicable where a child’s father has been established or acknowledged paternity?

Answer 15

No

Question 16

Can you place a time limit on filing of paternity petition?

Answer 16

No

Question 17

What is the marital presumption?

Answer 17

A child born to a married woman is the child of that woman and her husband

Question 18

Income-shared model

Answer 18

Child should receive the same proportion of parental income as if the parties continued to live together

Question 19

Is the amount calculated pursuant to the guidelines rebuttable?

Answer 19

Yes

Question 20

What is the standard for modification of child support?

Answer 20

A substantial change in circumstances regarding the child’s needs or the parent’s financial situation.

Question 21

Are retroactive modification in child support permitted?

Answer 21

Not expressly prohibited but restricted to the time after the petition is filed

Question 22

What are the 4 reasons for terminated child support?

Answer 22

1. Child reaches age of majority;
2. Child marries;
3. Parental rights are terminated; and
4. Child or parent dies

Question 23

What happens if a child is emancipated before the age of majority?

Answer 23

Support MAY be terminated

Question 24

When can a court modify child support that has been rendered by a different court with continuing jx?

Answer 24

When the parties and child no longer reside in that state or the parties expressly agree

Question 25

Can a parent be found in civil and criminal contempt for not paying child support?

Answer 25

Yes

Question 26

What happens when a child support order is registered in another state?

Answer 26

The order is enforceable under the same manner and to the same extent as the original state

Question 27

Who can modify the original child support order?

Answer 27

Only the issuing state of the original order

Question 28

Are child support payments tax deductible or included as income?

Answer 28

No