This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Alimony Spouse Support Withholding In Michigan
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There are many considered factors, but the primary factors used to determine spousal support is income and earning capacity. The Court looks at the present income as well as separate property available to the supported party.
An award of spousal support isn't automatic in a Michigan divorce case. While there is no legal requirement for spousal support, it is awarded on a case-by-case basis depending on the facts of the matter and the needs of the dependent spouse. In some cases, spousal support is not awarded at all.
Some methods for terminating alimony payments in Michigan include: Show your spouse has remarried — State law says you can ask the courts to terminate your alimony payments if your spouse has remarried. Ask for a termination date in your divorce decree — You should not have to support your ex-spouse forever.
The longer the marriage, the more likely the judge is to award spousal support. This is most important if one spouse doesn't have a career or job skills. Whether each party can work. The judge is more likely to award spousal support to a person who can't work or is unlikely to find work.
In Michigan, either spouse can ask for spousal support in a divorce. It's important to understand that for the court to consider a request for support, you must address it in your initial divorce paperwork. For the filing spouse, you'll have to tell the court you need financial support in your petition for divorce.
In Michigan there is no specific mathematical Michigan alimony formula for determining whether or not spousal support should be awarded. Finally, there is no specific mathematical Michigan alimony formula for determining the length of time that spousal support should be awarded.
The IRS has implemented audit filters that will catch alimony mismatches, so you should expect scrutiny or an audit if there is a major alimony discrepancy.
Spousal support is no longer taxable for the person receiving support, nor is it tax-deductible for the person making the payments. To ensure a clear understanding of how spousal support will affect your taxes, consult a knowledgeable alimony lawyer.
You might be asking “what happens if I don't claim alimony on my taxes?” As a payer, you won't get any tax benefit. This would result in more taxable income which will increase your tax liability.
Alimony law in the Michigan statutes does not give an amount of time in Michigan to be married to get alimony. The court does take the length of the marriage, along with other factors, when determining spousal support. A party is more likely to be awarded permanent support for long-term marriages.