Are you contemplating ending your long term marriage? Was your spouse the primary breadwinner during the marriage? Are you or your spouse nearing retirement age?
If so, this article is a must read!
Social Security changes will hit couples. divorced women hard
When is property considered separate property, and therefore not divisible in a divorce?
Courts make the distinction between marital property and separate property. Marital property is simply property acquired during the marriage. However, the Michigan statutes fail to define separate property. Nevertheless, courts typically adopt the rule that separate property is property that is not divisible in a divorce because it was owned prior to marriage or acquired during marriage through a gift or inheritance. If it was owned by a party prior to marriage, it normally will be awarded to that party.
But, there are times when separate property can be divided in a divorce. Michigan case law supports the proposition that property claimed by one spouse to be separate property may be divided if the other spouse meets on of two statutory tests:
What happens if you received an inheritance during the marriage? If you receive an inheritance while you are married, and want that inheritance to remain separate property, you must never co-mingle it. What does this mean? It means that once you have co-mingled it with joint property, you cannot separate it. It’s like making a cake. Once the ingredients have been mixed together, you cannot separate them out, as they are indistinguishable. Hence, if you want to protect an inheritance, you need to maintain it as separate funds. Once the funds have been co-mingled, it will likely be considered marital property.
If you find yourself in the midst of a divorce, and have received an inheritance, or owned substantial property prior to your marriage, you need to know how to protect your property during your divorce. As this is a complex subject, you should contact a family law attorney who can provide you with a legal opinion based off your specific facts.
The Friend of the Court is responsible for enforcing child support orders. Many enforcement methods (described below) can be used if a parent does not follow terms of the order.
An income withholding order can be used to collect both current and past-due support (arrearages). All new and modified child support orders are required to include income withholding, unless both parents and the court agree on other payment methods.
Under income withholding, child support and medical support payments are deducted from the non-custodial parent’s paycheck. The employer sends the support payments directly to the Michigan State Disbursement Unit (MiSDU). Federal and state laws require employers to honor income withholding orders.
A parent’s income from other sources, such as unemployment benefits, Social Security benefits, independent contracting, workers’ compensation claims, and insurance claims are also subject to income withholding.
If the amount of past-due support (arrearages) reaches a certain level (threshold), both federal and state tax refunds can be intercepted to pay support.
The past-due threshold for state tax refund offset is $150. The federal past-due threshold is $150 for cases that receive cash assistance; the non-cash assistance threshold is $500.
For both state and federal tax refund offset, the person who owes the support receives a notice explaining his or her right to object to the tax refund offset and reasons to object. In a joint tax return, a spouse may make a claim to retain his or her portion of the refund.
A person who has not paid child support or has not provided medical support can be ordered to appear before the court to explain to the court why he/she should not be held in contempt. This is called a show cause hearing.
If the person ordered to appear at a show cause hearing does not show up, the court may order a variety of enforcement actions, including issuing a bench warrant for the arrest of the person who did not show up for the show cause hearing.
The Friend of the Court or the Office of Child Support can initiate a lien/levy against real or personal property, financial assets, or insurance claims for collection of child support.
Driver’s licenses, recreational or sporting licenses (hunting, fishing, etc.), and professional licenses can be denied, suspended or revoked if a parent is behind more than two months in payments.
If a parent is behind more than two months in payments, he or she is automatically reported to a consumer credit reporting agency.
A parent’s passport may be denied or revoked when he or she reaches the past-due support threshold of $2,500.
Enforcement of medical support is done through the National Medical Support Notice for employer-provided insurance or through any of the other enforcement methods listed if cash payments are required.
A Qualified Domestic Relations Order (QDRO) is a support order against a private pension account. An Eligible Domestic Relations Order (EDRO) is a support order against a state or federal government pension plan. A QDRO or EDRO can be issued for current support or past-due support (arrearages).
A judge may order a surcharge be added to a case that has arrearages. If a surcharge is ordered, it will be added to the case every January 1st and July 1st and become a part of the total amount of support owed. The surcharge is a variable rate tied to five-year United States Treasury Notes, plus 1%.
The Friend of the Court can refer the case to the county prosecutor, who may charge the person who owes support with the crime of felony non-support. In some counties, the case may be referred to the Attorney General for criminal prosecution of felony non-support. Felony non-support charges are generally issued after other child support collection methods have not been successful. Custodial parents may also ask the county prosecutor or Attorney General for felony non-support prosecution.
For assistance with your child support issue, contact me, Laurie Schmitt, at Schmitt Law, PLLC. I am an Attorney, Mediator, and Collaborative Divorce lawyer.
Sally Ann Beauchamp v Ronald Robert Beauchamp
Unpublished: October 23, 2018
No. 340792
Delta Circuit Court
LC No. 16-023178-DO
In Beauchamp v Beauchamp, the Husband was deriving income from illegally selling marijuana. Trial court awarded spousal support based on income derived from the marijuana income. Defendant appealed that court couldn’t base spousal support on his illegal income. Court of Appeals affirmed the award.
Defendant asserts that he is unable to legally profit from the growth and sale of marijuana under the MMMA. In this regard, defendant appears to be correct. See MCL 333.26424(f) (“A registered primary caregiver may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marijuana.”).
Defendant contends that, because it would be illegal to profit from the sale or exchange of medical marijuana, it was unlawful for the trial court to award plaintiff spousal support on the basis of income that defendant may have obtained via such illegal activity.
The essence of defendant’s argument is that the trial court effectively required him to participate in illegal activities in order to meet his spousal support obligations. On this point, the Court of Appeals disagreed.
This case does not involve a situation, as defendant argues, where the trial court has effectively ordered him to engage in unlawful activities. Indeed, the legality of defendant’s annual earnings is entirely irrelevant.
For assistance with your spousal support issue, contact me, Laurie Schmitt, at Schmitt Law, PLLC. I am an Attorney, Mediator, and Collaborative Divorce lawyer.
The Michigan Department of Health and Human Services and Michigan State Disbursement Unit has once again made it easier for parents to pay their child support.
Parents who owe child support may now make payments at CVS Pharmacy and Walmart stores using the MoneyGram payment option. This option will be available at CVS Pharmacy and Walmart stores only, and does not include CVS Pharmacy locations within Target or other retail stores, or online payments at MoneyGram.com.
The Michigan child support program is committed to providing alternative payment methods and increasing customer convenience in paying support. With the addition of the MoneyGram payment option, Michigan child support is now payable at over 34,000 additional locations. Other retailers may be added at a later date.
The process is simple. Parents simply need to:
For assistance with your child support issue, contact me, Laurie Schmitt, at Schmitt Law, PLLC. I am an Attorney, Mediator, and Collaborative Divorce lawyer.
Laurie K. Schmitt
Attorney, Mediator, and Collaborative Lawyer
401 Hall Street SW
Suite 112D
Grand Rapids, MI 49503
Phone: 616.608.4634
Laurie Schmitt of Schmitt Law, PLLC is a West Michigan family law attorney specializing in collaborative divorce as well as separation, divorce, child custody and support, paternity, and other family law litigation. She is licensed by Michigan State Bar and the U.S. District Court for the Western District of Michigan, and has extensive advanced training in divorce mediation and collaborative divorce.
