While a standard formula exists to help calculate child support in Michigan, there is no mandatory formula to calculate alimony. There are a few guidelines used by the court to follow as an example. The court may award support if one spouse has a much greater earning capacity than the other.
Your children are everything in the world to you. I can help to protect them and do what is in their best interest. Whether you’re recently divorced, separated, thinking about divorce, or you have been fighting with an ex-spouse over alimony, time-sharing, or custody, I would be happy to tell you what I can do for you.
How Do the Courts Determine Custody for Your Children
If parents cannot agree on custody or parenting time, the statute considers 12 standard factors (MCL 722.23) to establish custody. The Court is obligated to conduct a “best interest” analysis to determine what is in the best interest of your child. Relevant factors include:
The nature of the emotional bond between the child and parents
Whether the parents have the ability and disposition to provide the child with basic necessities (e.g., clothes, nutritious food, etc.)
The ability and disposition of the parents to provide guidance, emotional support, empathy, etc.
How long the child has been in a stable environment
Whether there have been accusations of domestic violence
Whether parents are willing to encourage strong parent-child relationships
If the child is old enough, his or her preference
The child’s record at home, at school, and in the community
The health of the parents and child (both physically and mentally)
Whether the proposed home is stable and permanent, or not
Whether the parents are morally fit to care for the child
I can fully explain how each of the above factors applies to your case. In these times, we sometimes find it hard to balance your heart with your head. My goal is to lift the burden from your shoulders and provide you the comfort you and your family deserve.
The Difference Between Legal and Physical Custody
Physical custody has to do with where the child resides. Legal custody has to do with who gets to make important decisions for the child regarding healthcare, schooling, religious upbringing, and other similar matters.
It is most common for both parents to share legal custody and one parent has sole physical custody.
How Does the Court Determine Child Support
The total financial status of each party is also relevant to establish the needs of each party. The Court will look at a number of factors, including:
Whether you can generate income
The duration of your marriage
The mental and physical health of each party
Your (or your spouse’s) ability to pay support
Your standard of living and living situation
Your and your spouse’s behavior during the marriage (e.g., did either of you cheat or engage in criminal behavior, such as domestic violence?)
The nature of marital assets
Whether you or your spouse need to support children or other dependents
While these factors are only meant to be a guide for the Court, all decisions are made on a case-by-case basis. I will fight for you and your right to receive a fair compensation or make sure you do not pay more than you should.
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Michigan applies the process of equitable distribution when dividing assets and debts in a divorce. This does not mean that the division must be exactly equal. It must be fair to both parties.
If the parties cannot reach a fair property settlement agreement, the court determines how the marital property will be divided.
The Court will consider the assets and liabilities acquired during the marriage, determine their value, and distribute the property to the parties in a fair manner. Marital assets include everything acquired during the marriage.
Law Office of G. Sal Gani P.C. has 30 years of experience in providing you with aggressive legal representation for criminal defense, sex crimes, felonies, and family law cases.
We serve the Mid-Michigan area. Call us today to schedule an appointment. You will also get a FREE legal consultation.