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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9904
Experience:  Experienced Family Law Attorney
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Getting a divorce in Michigan. Can they use my per diem as

Customer Question

Getting a divorce in Michigan. Can they use my per diem as income?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.
Would this be for alimony or child support concerns?
Customer: replied 1 year ago.
Customer: replied 1 year ago.
My per diem changes per job location. If I were to work at home in Michigan, I would not recieve any per diem and my wages would be lower
Expert:  LegalGems replied 1 year ago.
Thank you for your patience as I reviewed this.Since there is no statutory formula for spousal support, the court can determine the amount based on several factors, listed below. Since each judge is given great discretion it is impossible to estimate what s/he would award - although a local attorney that has experience with that particular judge can make an approximation based on past rulings of that judge (these cases aren't published as only appellate cases are published).So if the per diem is signficant and is not used for the purpose intended but is instead "banked" a court may take that into account. Here are the factors: More information here For child support, the court can consider all sources of income, so that may include per diems unless the judge exempts it (for example if it is being used for its intended purpose it normally won't be considered). Please see page 5 here: Thank you for using Just Answer.I hope the information I provided is useful. If you need further clarification please post here and I will reply as soon as I see it; otherwise, Kindly-Rate Positively-This does Not result in additional charges to the customer and allows the site to credit me for assisting you today.Thank you and take care!How each spouse behaved during your marriage. The court will look at how you treated each other and who was at fault in the breakdown of the marriage.How long you were married. The longer you’ve been married, the more likely the court is to award spousal support. This is most important if one spouse doesn’t have a career or good job skills.Whether each spouse can work. The court is more likely to award spousal support to a party who can’t work or is unlikely to find work. Spousal support might be short term to give the person time to finish school or gain job skills.How much property each person is getting in the divorce and whether the property is “liquid.” The court divides the parties' property and debts in every divorce case. When deciding whether one person needs spousal support, courts consider the type and amount of property each party is getting. A person is normally not expected to use their property award to pay everyday living expenses. So, it may be appropriate for the court to award spousal support to a spouse who is getting mostly non-cash assets.How old you and your spouse are. An older person who has not worked during the marriage is more likely to need spousal support. But if the other spouse is retired and living on a fixed income, that will weigh against awarding spousal support. Especially if the spouse who would get the spousal support is younger than retirement age.Whether either spouse can pay spousal support. The court will balance how much the paying spouse can earn with the other spouse’s ability to support her or himself.Your current living situation. The court will consider things like your earning potential, career prospects, and issues involving your children.The needs of each spouse. The court will consider the current and future needs of the spouse who may receive spousal support compared to their age, health and ability to work.The health of each spouse. A spouse's health is especially relevant if it affects his or her ability to work and meet personal needs.The prior standard of living of the spouses and whether either spouse has other people to support. Your standard of living during your marriage is a starting point for deciding whether either spouse should pay spousal support. In some cases, a person has the right to continue to enjoy the same quality of life they had during the marriage. If divorce means one spouse will stay at the marital standard of living and the other won’t, the court may use spousal support to even things out.Fairness. The court may consider what’s fair in your situation.
Customer: replied 1 year ago.
I should have clarified on the support. It is not for child support, only spousal support.
Expert:  LegalGems replied 1 year ago.
OK; the first part of the question addressed spousal support- please review that and let me know if you have any questions; you will see that the judge can consider any information they deem relevant, so they would likely include it if the money is being pocketed, as opposed to being spent on the items for which it was intended.