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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111492
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am looking divorce attorney willing to review an alimony

Customer Question

I am looking for a divorce attorney willing to review an alimony division that I do not believe is accurate according to MI law. It was not drafted up by another attorney, but instead by a company claiming to be divorce mediators, who discourages couples from using an attorney. I would like to send the form, and receive a written response. Thanks in advance!
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question.

I am afraid that state law forbids any expert on this site from actually representing you or any other customer on the site. If you need local counsel, please use the same sites used by other attorneys, http://www.hg.org orhttp://www.lexmundi.com

You are NOT being charged for thisr esponse and you can contact customer service at http://ww2.justanswer.com/help for a refund of any deposit if you like.

Customer: replied 1 year ago.
My question pertains to alimony, in the state of Michigan. I am currently a stay at home mom, but have some college, no disabilities, so am fully capable of bringing in an income. My question is, when determining my alimony, will my current salary of $0 be used in the equation, or will the court predict my potential income when deciding how much alimony I will receive? Also, is it true that the length of the alimony is approximately 1/3 of the length of the marriage, so 21 years of marriage equals 7 years of alimony? Thanks!
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Under MI law, there is no such law saying you are only entitled to 1/3 of the length of marriage for alimony. Unlike child support, spousal support in MI is not based on any formula or statutory tables. Spousal support is based on the needs of the spouse seeking support and the ability of the other spouse to pay.

The duration can be permanent or temporary. It is permanent in a long term marriage, as your marriage is long term, if the spouse seeking support is disabled or unable to be employed for some reason. However, if a spouse can be employed or can get training/education to become employed, then the court would award temporary support for a period of time to allow them to do so and this is on a case by case basis.

The court will look at your income earning potential and then will determine based on your potential abilities and your actual current needs the amount of your alimony payments, based of course on your spouse's ability to pay.

So the court is going to expect you to support yourself to the best of your education/ability and then they would supplement that if necessary with alimony based on what your needs are.

There is nothing in the MI law, says that it is 1/3 of the length of the marriage. Every judge uses a different means to determine how long temporary support should be and it is based on the facts of each specific case without any set formula.

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