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Bloomfield Family Law Blog

What are some tips for high asset divorcees?

As a couple in Michigan who has decided that divorce is the right thing for you, you may also be wondering how to deal with your assets. The more assets you have, the more potentially complex your divorce could become.

Findlaw has some legal guidance for people who are handling high asset divorces, along with their related hurdles. The first tip is to determine exactly where your assets lie and how much you have. This is important for the division process. All assets will be divided between marital property, separate property and community property. Some of these items will have to be divided. Others you may be able to keep for yourself.

What to do when fathers cannot make child support payments

When Michigan fathers get a divorce, they may often find themselves paying child support. Some men, though, may be unable to make child support payments. In this situation, they may wonder what they should do.

If fathers are experiencing financial difficulties, it is a good idea for them to reach out for help. Very Well Family says that sometimes a court may allow a modification in child support if a man has changed circumstances. This change in circumstances may be unexpected medical expenses or a change in income. It can also include the rising cost of parenting as children get older. Additionally, a court may allow a child support modification if a man becomes unemployed. To receive a modification, men usually have to reach out to the Michigan Child Support Enforcement Office and file a formal motion.

Working together to fix divorce mistakes

Emotions often play a large part in the initial formation of divorce agreements. Sometimes, the parties involved in these negotiations and court proceedings seem to be unable to abandon an adversarial stance. At the Law Offices of Lisa Stern, we understand that it sometimes takes some time after the divorce is finalized for people to realize that some of the terms they fought for were not actually in the best interest of their families.

Fortunately, Michigan courts allow a certain level of modification for various aspects of divorces. Please read on to find a brief discussion of how you and your ex could come together for the best interests of your children or to minimize further court costs.

Planning summer vacations after divorce

Many Michigan families look forward to summer vacation but the summer months can sometimes be stressful for divorced parents. Many people may want to travel with their children and make fun memories. It is a good idea for parents to discuss summer vacation while school is still in session so they can make a plan that works for everyone.

Because parents want to spend a lot of time with their kids during the summer, it is important for them to make plans early. DivorceMagazine.com says that some parents may want to discuss summer vacation when they first put together a parenting plan. This allows them to decide how long vacations should be and how often each of them can travel with the kids. People may also want to discuss whether a new boyfriend or girlfriend can go on these vacations. Additionally, it is a good idea for parents to decide how much advance notice they need about a trip. Some people may want to know about a vacation several weeks in advance. Others may not mind if one parent calls during the week to ask about traveling with the kids over the weekend. 

Finding the right motives for relocating during your divorce

As your divorce from your spouse in Michigan progresses, you may find that there are moments when tensions are high and rationality is low. You may be required to take a step back and wait until the storm calms or solicit help from people who can mediate seemingly endless disagreements. At Lisa Stern, Michigan Family Law Attorney, we are committed to helping families reach agreements in as timely a manner as possible. 

One of your first concerns as a newly single person may be to find a place to live that does not require you to be in the same place as your ex. If the two of you have shared children together, this may present a unique challenge as you probably desire to keep the lives of your children as normal as possible. However, moving simply because you want to get as far away from your ex as possible is not always the most effective approach. Before you make the decision to relocate, you should assess the stability of your current lifestyle and the potential of your future. You should also take into account the needs and concerns of your children. 

Can I change the alimony I pay or receive?

Alimony, or spousal support, is a confusing and often controversial topic for residents of Michigan and elsewhere. If you are the one who receives alimony, you may wonder if you can have the amount increased. Along the same lines, if you are the paying ex, you may wish to have the amount you pay reduced or eliminated.

The answers to these questions depend on your personal circumstances, as well as current laws, as LiveAbout explains. When it comes to spousal support modification, the following circumstances will generally apply:

  • You have a significant change in your financial circumstances, such as losing your job, becoming permanently disabled or having an increase in your income.
  • Your prenuptial agreement or divorce agreement includes a clause to periodically adjust alimony for cost of living increases.
  • You have remarried or are cohabitating romantically with another partner.
  • Your alimony order includes an automatic share for an increase in the payor’s earnings (an escalator clause).
  • There is a change in state law that affects alimony payments.

What can I spend my child support money on?

If you are a divorced Michigan parent who receives child support from your children’s other parent, you may have read or heard conflicting reports on how you can spend that money. Some reports insist that you must spend your child support money only for your children’s basic necessities such as food, clothing and shelter. This, however, is untrue.

FindLaw explains that while of course you should spend part of your child support on your children’s basic necessities, you also are perfectly free to spend it on other things as well.

The impact of parental alienation on a child's well-being

According to Psychology Today, parental alienation syndrome occurs when one parent attempts to turn his or her children against the other parent. Typically, the parent who commits parental alienation is angry at the other parent and takes out his or her frustrations by painting the other parent in a negative light. Michigan courts frown upon parental alienation, as it is not only damaging to children's relationships with their parents but also, it is damaging to their emotional well-being.  

Another article by Psychology Today explains how parental alienation can harm the well-being of children of divorce. Parental alienation often involves a set of strategies that force children to reject their other parent and to create the impression that the other parent is dangerous. These strategies—which may involve limiting contact with the other parent, bad-mouthing the other parent, blaming the other parent for anything and everything and/or telling the children outright lies, such as "Daddy does not love you"—force the children to choose sides and emotionally withdraw from the targeted parent. This emotional rejection of the targeted parent leads to the loss of a loving and capable parent from the child's life.

The future of a marriage after an affair

People may hurt their marital partner accidentally or intentionally in a number of ways. Some examples include verbal abuse and disregarding different challenges that someone may be going through, but many people also cause their spouse a great deal of pain by carrying out an affair. There are different reasons why people cheat, and the impact of an affair can have significant consequences for the future of a relationship. Some couples are able to resolve these issues and move forward in their marriage, while other marriages inevitably come to an end.

If you cheated on your spouse or your marital partner was unfaithful, you may be wondering how to handle the situation and what to do next. If you have kids, this may be an especially challenging situation to find yourself in. It is important to consider the well-being of your children and do what you can to make things easier for them. For some couples, counseling is an option and can help each party move forward in the marriage. However, this is not even an option on the table for some couples, and even when both parties want to move forward with counseling it does not always work.

What can damage your chances of gaining custody?

Michigan parents like you are often put into very precarious situations when dealing with child custody issues. It can get personal quickly when you end up in these battles, and the decisions you make can have a lasting impact on whether or not you are viewed favorably by a judge when it comes time to decide who will get the children.

FindLaw takes a look at whether or not it is alright for you to move out of the house and leave your kids with the other parent, and then attempt to gain custody later in battle. Unfortunately, the short answer to that is: likely not. Though there isn't any way of knowing for sure, it's highly likely that you could damage your chances. Leaving the children behind in any capacity can paint a certain picture for the judge that will preside over your trial.

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