Property distribution is also one of the factors considered during a divorce. The court foresees this even before marriage. This circumstance is the reason for the option to have a prenuptial agreement. If couples undergoing divorce do not have this deal, property distribution happens, along with the custody case. Another link to divorce is child custody which requires child support, not just psychological but financial. So, what is the effect of child custody on property distribution? How do the courts of Michigan divide assets during divorce?
Does the Primary Physical Custodial Parent Receive More From Marital Property Distribution?
In many cases in Metro Detroit, there is a complication of being definite about how much of shares. However, the primary physical custodial parent most likely receives an equal amount. In any case, there is a need to compensate for the increasing amount of caring that growing children require. By this, the custodial parent would have more property shares than they must receive. Yet, this should not be the inclusion of the process of property division. There is another aspect of family law called child support. This support is being assessed differently from the property distribution. There is no reason for bringing that problem up during the property division procedure. It is only lawful that the primary custodian parents hold this fund as the administrators of the physical care.
Exceptions of Marital Property Distribution in Consideration of Child Custody
Michigan courts try to preserve the family home for the child’s best interest. If the acquisition of that house is marital property, then the physical ownership of the house is in the primary custodial parent so that the child can continue to live and grow there. Usually, the other spouse receives compensation for their share of the house. In this way, the non-custodial parent will have more cash and personal possessions, while the custodial parent will have more real estate. The total proportional distribution of that property will remain the same as if the two couples had no children.
What to Do About the Effect of Child Custody on Property Distribution? – Michigan Family Lawyers Advice
If you face this kind of family issue, the first thing to do is seek legal assistance. You can discuss with them the concerns you have based on your situation. Moreover, they can give you an appropriate response in return. The benefit of not having lawyers with no specialization or focused field is the assurance of profound legal advice. You must seek family lawyers that are well-versed with family laws near you.
Goldman and Associates Law Firm is one of the family law experts in Metro Detroit, Michigan. We served many families facing different family law-related issues. You can have security that your time and the things that matter to you are valuable to them also. Do not hesitate to reach out to us! You may call us using the phone through this number, (248) 590-6600, or book an appointment with us online.