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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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My Daughter resides in Michigan and had filed for divorce.

Resolved Question:

My Daughter resides in Michigan and had filed for divorce. She earn $2000 a month and has five children. Her spouse resides in indiana and is unemployed. Will the State of Michigan compensate her until the soon to be ex-spouse gets a job and how much? Will there be spousal support?
Submitted: 8 years ago.
Category: Family Law
Expert:  Tina replied 8 years ago.

Thank you for contacting our JA team.

 

Unfortunately, the forumla for determining child support is primarily based on the parents comparative income. However, the friend of the court may also consider the earning capacity of your daughter's husband in recommending any child support order. The state of Michigan does not have anything in place to compensate a spouse while the other is not working/paying child support. While the divorce is pending, she may attempt to obtain a temporary order for support while the divorce is pending, but will likely be unsuccessful in collecting, at least in the short-term since the father is unemployed.

 

Spousal support is reserved for special cases, primarily where the marriage was of long duration and one spouse quit a job or does not possess skills to obtain a job because they were the primary caregivers for the children. However, there are other factors a court would assess in determining whether spousal support is appropriate. I do not have enough information here to form an opinion on this other than it is not routinely granted.

 

I don't know whether your daughter has an attorney. If not, it is highly advisable that she retain an attorney under the circumstances, even if she has to borrow the money. A good place to begin searching for an attorney is www.lawyer.com. Please look for a divorce attorney in her area.

 

The best of luck to you, your daughter and grandchildren.

 

Note: If I adequately answered your questions, please press the "accept" button so I will be paid for my time. I am available for follow-up questions or clarification you may need. Thank you.

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