Some people invent the truth when they lie. For some people, accuracy and truth don’t seem to ever coexist in the same space. You recently learned that you are one of the unlucky ones who married one. In your own custody dispute, you now have to deal with a dishonest ex-spouse. Your attorney is now aware of it. The detailed description of your ex-spouse was provided by you. However, you can’t call your lawyer only to confess to every small fib or major lie that has nothing to do with the situation or case at hand. You can’t be paying for expenses with invoices that list the lies you’ve already exposed.

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You must spend your attorney’s time wisely in order to win your custody battle without incurring a significant cost down the road. For those unimportant details your ex is lying about, go speak with your therapist, your priest, or a friend. Your attorney’s time and skills would be better used helping you.

Nobody enjoys being misled or lied about. The stakes and emotions in divorce and child custody proceedings are already very high. It’s possible that lying and gaslighting played a role in your breakup. However, false accusations or denials in court can turn any remaining communication and collaboration between ex-spouses into a hostile situation.

What Do People Lie About in a Custody Case?

If your ex will have to lie in a custody case, what are they going to be lying about? What is it that is worth the risk of lying about and being possibly sanctioned if caught.

Spouses lie about their income.

The most frequent instance of false information about income includes a spouse who is self-employed. Pay stubs are going to reveal the truth, therefore the average wage earner wouldn’t have any incentive to lie about the facts.

There will be additional opportunities for freelancers, self-employed people, and others who operate “under the table” to hide their genuine income.

Being thorough with your records and getting your ex to swear under oath about their income are two ways to refute their claims. Most people come clean when asked about their income since lying while being questioned about it could result in perjury penalties. It’s imperative to carefully examine tax records, bank statements, and personal expense records; you might need to engage a forensic accountant for this.

Spouses lie about issues regarding child custody and parenting time.

There are far too many instances of co-parents lying about their engagement with or bonding with the children, making false claims of neglect or abuse, or denying it when it actually did occur.

You must go to court as prepared as you can when your ex-spouse is so anxious to destroy you that they will lie to harm your connection with your child. Work with a seasoned family law professional who has handled cases involving intense child custody disputes. To refute their accusations, the more information and eyewitnesses you have, the better.

Spouses lie about assets.

Some people have ulterior motives for lying about the presence or value of assets, such as not wanting their ex to inherit anything. However, if the falsehood is found, it might have catastrophic repercussions, including the opposite party losing the entire asset.

Because there is frequently a clear paper trail, assets like bank accounts and homes are frequently challenging to conceal. Things like intellectual property and franchises, money, collectibles, and retirement accounts might be easier to track. Additionally, it’s not uncommon for a spouse to “repay” a substantial “debt” to a friend, family member, or work associate while actually using marital cash for safe-keeping.

Parents and spouses lie about domestic violence.

An ex may accuse the other of domestic abuse while making false claims, or they may deny that domestic violence ever took place. We have found that the latter is more typical.

These issues are difficult because they are really serious and frequently include he said/she said. Results may have an impact on matters such as restraining orders, child custody, parenting time, and even asset split.

Evidence is crucial. Those things comprise witness accounts, as well as images, messages, recordings, voicemails, emails, and texts. It would be more likely to support a denial if there was no evidence at all or no witness testimony.

Why Do People Lie in a Custody Case?

People lie in a custody case because telling the truth puts them in a disadvantage. They need to appear better than the other parent. For some they believe strongly the gains of lying are higher than if they speak the truth. Let’s look at the reasons why.

People lie because they have something to hide.

The prevalence of domestic violence or abuse can be a reason to lie. Child Protective Services or CPS may eventually root this out but a hidden atmosphere of abuse can be kept secret considerably and this could be a motivation for lying. 

Parents with substance use disorder or SUD often resort to lying in order not to lose points in a custody case or not to compromise parenting time. We’ve written a good article on SUD entitled, “How Addiction Struggles Impacts Custody in Michigan” and how it affects the outcome of custody cases.

Unfaithfulness among spouses can be a driver of lying and often a strong motivation not to cooperate, especially during the discovery phase of the divorce process.

People lie out of spite.

We’ve written about a malicious parent and the extent they will go and the most insidious use of lying to their detriment and their family. We wrote about this in our article, “What Is Malicious Mother Syndrome In Michigan?”. In that article we talked about the malicious parent syndrome.

It goes without saying that some of the actions linked to the “malicious parent syndrome” are unlawful, such as hurting the other parent or destroying their property. Depriving children of food or money may constitute child abuse, which is prohibited by both family and criminal law, and may be done in an effort to harm the reputation of the other parent. A spiteful parent could face perjury charges if they do so, which is similar to lying on oath.

People lie because it is part of a personality disorder.

A person who has narcissistic personality disorder may lie to exaggerate their own virtues or disparage others. They take pleasure in shaping the facts and the lives of others. By manipulating the court and outsmarting the opposition, they could feel energized and powerful. Deception, manipulation, and disdain for authority are traits of an antisocial personality disorder. They are excellent at flouting the rules and are frequently referred to as “con artists.” To seek retaliation or money, they create specific occurrences and utilize the legal system. They frequently engage in violence due to their incessant lying and lack of empathy.

An individual with a histrionic personality disorder is frequently very dramatic, demanding, and superficially appealing. They are adept at lying and deceiving themselves. Also typical is fabrication.

In an effort to retain a relationship with their child or spouse—or as retaliation for abandonment—a person with a borderline personality disorder may lie out of rage or even out of self-deception. Custody and visitation disputes are frequent.

What Consequences Will You Face if You Lie in a Custody Case?

Even the most composed and level-headed people might engage in mud-slinging or slander since divorce cases can lead to spouses’ unhappiness, fury, or worse. Even though they may first appear to be minor disputes, serious issues will arise if one or both spouses in a marriage begin to exaggerate events or use “innocent” lies in an effort to appear more favorable in court.

Although it would be ideal if divorce proceedings were a little less contentious and lying about things didn’t occur, the reality is that perjury—or lying under oath—occurs rather frequently and many individuals often forget it is a federal offense with associated consequences.

A court may impose a fine or sentence someone to jail time for lying. Additionally, breaking the law by lying under oath can result in up to 15 years in state prison.

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Easy and quick divorce. Speedy and simple. Typically, neither applies. Couples who are married desire to escape the marriage context. No six-month waiting period applies because they are childless. There are no assets they own. 

They begin to believe this divorce is a straightforward matter. Divorce without argument. They come across as friendly individuals. When they consult with a lawyer, the lawyer goes over the customary list of topics they should discuss. Once there is a difference of opinion, neither party is willing to compromise any longer, and both are disputing the remaining items. Discussing topics that you both agree on is the best course of action and best things to start off.

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Concentrate on the extremely short list of just a few things you disagree with, then go speak with an attorney about it. Thus, there are fewer talking points to argue on and fewer issues to quarrel over.

Sorry, but divorce can’t be that quick and simple.

What Is Quick and Easy Divorce?

It seems everyone wants their divorce to be quick and easy. We wrote about having the fastest way to a divorce in our article, “What Is The Fastest Way To Get A Divorce In Michigan?” and to give clarity to the legal jargon accompanying the waiting period. 

We mentioned in the article that the only first thing people seem to agree on quickly and decisively about divorce is ending the marriage. Everything following the decisiveness are all contentious.

Divorce is a process with a few non-negotiable milestones. You can do those milestones slowly or fast but you can’t get around it.

If you haven’t qualified for residency, you will have to wait six months at least to be able to file the divorce complaint.

Once you have qualified for residency then you have the filing of the divorce complaint. You need to wait for the response or the “answer”. 

Your spouse must promptly serve you with a copy of their Answer after filing it with the court if they choose to participate in the divorce process. Their time frame is 21 days after receiving your divorce papers if they were personally served with your summons and complaint. They have 28 days to file and serve an answer if they were served by mail or outside of Michigan.

You will have to put up and endure the waiting period.

A 60-day waiting period is required before your divorce can be officially finalized if you and your partner do not share custody of any children. Even if you and your husband were already divorced at the time you filed, the waiting period begins as soon as you do. If you and your husband can’t agree on everything, your divorce may take much longer than 60 days.

What’s The Truth About The Divorce Process in Michigan?

You won’t like it but there’s almost no work around the divorce process in Michigan. It is really up to you and your soon to be ex how quickly you can complete the divorce process.

To file for divorce in Michigan, you or your spouse must have lived in the state for at least the previous six months.

You and your spouse need to resolve a number of issues, including property, debt, child custody, alimony, and more, as soon as possible.

You should file for divorce in the county where you or your spouse most recently resided if that is the case.

If you decide to engage with an attorney, they will be able to point you in the right direction. If you choose not to hire an attorney, make use of the forms Michigan Legal Help provides. Print several copies, and if required, have the documents notarized.

After completing the forms, you must pay the filing fee and submit them to the court clerk.

There are various methods you can utilize to serve your spouse within 91 days of your initial filing. You can be personally served by a police officer, a professional process server, a friend or relative, or even the mail.

If you and your spouse are unable to come to an agreement on everything, the court will determine who receives what. This can occasionally take up to 30 days.

Once the last hearing has taken place or the waiting period has passed, you will file your final documents with the court, and your divorce will then be deemed official. Depending on the details of your case, you might be able to speed up the divorce procedure.

The aforementioned are stages in the divorce process.

How Are We Going To Get A Divorce Any Faster and Easier?

There are two waiting periods in Michigan. The first waiting period you need to go through is 60 days.

There is a sixty-day waiting time after the lawsuit is filed before the judgment can be made if there are no children involved. The date on which notification of the divorce is delivered to the other party has no bearing on the waiting period.

In Michigan, there must be a sixty-day waiting period before filing for divorce. The divorce is undoubtedly null and void if the judgment is rendered in less than sixty days.

The second waiting period is equal to six months, or 180 days.

Public policy urged people to take some time to reflect and make plans before finalizing a divorce and potentially making amends for the sake of the family.

Unless testimony needs to be preserved, trial judges are not allowed to waive the 60-day statutory waiting time.

For divorces involving small children, some courts will, however, waive the final 60 days of the 180-day waiting period if the parties have come to an agreement, settled all disputes, and hastening the divorce serves the children’s best interests.

However, the first 60 days cannot be waived in whole or in part.

If you and your spouse have filed all necessary documents and responses to the summons and there are no disagreements over child custody, parenting time, child support, spousal support, or property division, you have the full 60 days to spend.

What is the point of all this waiting?

The state has made it a priority to defend the family unit and the institution of marriage as much as possible, ultimately acting in the best interests of the children. There are numerous crucial moments that might occur while waiting. We have talked about these crucial moments in the article we mentioned above, “What Is The Fastest Way To Get A Divorce In Michigan?”.

You want it quick?

Make a list of things you need to talk about. Group the things in your list you can agree on. Make a separate list you can acknowledge you don’t know much about to be able to agree on or you know enough you won’t agree on. Take that list to your attorney and let your attorney facilitate the process to find your common ground.

You want it quicker?

The quickest method is to serve the parties, have them accept service without objecting, have them accept service automatically, have them quickly file an answer so that there is no waiting period for a default, and have them draft and sign a consent judgment of divorce right after the 60th day after the complaint was filed. Waiting for the other party to default might not be the quickest method to terminate a divorce case.

Do you think you can manage that?

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In a divorce and custody dispute, is it possible to switch the court  jurisdiction? You have a party who resides in New York, who went through a divorce and custody dispute there. In New York, the party obtained a custody and judgment order. The mother makes the decision to relocate to Michigan. Then, a question regarding parenting time is raised. Where do you want the parental time dispute settled? It’s a question of jurisdiction. 

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The child’s father makes the decision to relocate to Arkansas and requests a review of the parenting arrangement. Where will the father bring up this matter? In which court will he file the petition for a custody review? Regarding questions of jurisdiction, you should consult your attorney.

Did you know that the Family Court has the power to order you to travel hundreds of miles outside of the state to attend your child custody hearings? Although it may seem absurd, there are several circumstances in which it is true.

Like what we mentioned above, you and your significant other had a child in New York before deciding to part ways. You relocate to Arkansas, while your spouse and the child move to Michigan. The court informs you that you must travel to and from New York in order to attend the court proceedings there once you make a request for child custody and child support here in Michigan. 

How is this possible?

This scenario is typical for many Michigan parents who migrate and subsequently want to request or change child custody and child support orders, regardless of the combination of states involved.

Where Should You File Your Child Custody Case

The “home state” of your child is where you must submit your custody case. Only if Michigan is your child’s home state will a court there have jurisdiction over the case. In general, for your child to be considered a resident of Michigan, they must have resided there with a parent for at least six consecutive months prior to the filing of the case (or from birth). If a parent still resides in Michigan and the child was born there, Michigan may also be considered the child’s home state even if the child is now residing in another state.

Michigan may not be your child’s home state if they now reside elsewhere or have not done so for the previous six months.

You can file a custody lawsuit in a Michigan court if Michigan is the child’s home state, even if you and your child are not citizens of the United States or if the child’s other parent resides in another state.

In most cases, you’ll file your custody case in the Circuit Court’s Family Division in the county where your child resides. You might want to speak with an attorney if you’re unsure whether Michigan is the best state for your custody case or if you already have an ongoing family law issue involving your child.

You may be eligible for free legal assistance if you are on a low income.

How Does The Court Handle Jurisdiction

It is only natural for parents to separate once a marriage ends. In some circumstances, this entails moving one or both parents to another state to live and work in addition to separating homes and having one or both parents leave the family home.

In rare instances, parents who live in different jurisdictions may be involved in paternity or custody issues that are unrelated to marriage and divorce. What does this mean for a parent who is requesting visitation rights, full or partial custody of a child, or any other type of parenting time?

Any child custody lawsuit that seeks to proceed must first establish jurisdiction, and the state that is found to have that jurisdiction may have a significant influence on the outcome. This is due to the fact that various states have distinct laws regarding child custody and custody disputes.

You must first comprehend the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) if you reside in Michigan or wish to file for custody there . What is it, and how will it affect your chances of getting custody of your kids in Michigan? 

What Is Jurisdiction? What is Michigan UCCJEA?

Which state has jurisdiction and is the correct venue for your complaint is the key question in the case we mentioned earlier in this article. The term “jurisdiction” refers to the legal authority a court has to hear a matter and make a decision.

Understanding the distinction between subject matter jurisdiction and personal jurisdiction is crucial to comprehending what jurisdiction actually entails. The authority of a court to issue an order pertaining to a specific person or entity is referred to as personal jurisdiction. The term “subject matter jurisdiction” describes a court’s capacity to hear a specific kind or subject of action.

The National Conference of Commissioners on Uniform State Laws first proposed the Uniform Child Custody Jurisdiction and Enforcement Act in 1997. Since then, 49 states, including Michigan, have ratified it. Massachusetts is the lone holdout. According to Act 195, which was approved in Michigan in 2001, “the authorities and obligations of the court in a child-custody procedure involving this state and a proceeding or party outside of this state” are usually set forth.

In matters involving child custody where one parent lives in the state and the other does not, the UCCJEA is used to decide whether Michigan courts have jurisdiction. According to the legislation, a minor child’s “home state” has authority. How is the home state of a child determined?

The home state is defined by the Michigan UCCJEA as the state in which a child resided with a parent or a person acting as a parent for at least 6 consecutive months immediately prior to the commencement of a child-custody proceeding, or, in the case of an infant under 6 months old, the state in which the child resided with a parent or a person acting as a parent from birth.

What if you have an old case in another state but have since moved to Michigan with your child, or if you currently reside in Michigan but your child is a resident of another state? If this is the case, the other state might have jurisdiction over the matter, or you could use the Uniform Child Custody Jurisdiction Act to start a fresh case in Michigan.

How Do You Change Jurisdiction in Your Divorce & Custody Case

Filling out a Michigan UCCJEA Affidavit is the first step in allowing Michigan courts to identify where jurisdiction for a child custody dispute lies. All hope is not lost if it turns out that jurisdiction is in a different state. You do not yet need to be concerned about traveling to another state for a child custody dispute.

A custody ruling from another state may be transferred to Michigan. There are a number of phases to this lengthy procedure, and even if custody has already been decided in another state, there is no assurance that you will be able to transfer that decision.

You have the best chance of successfully completing this intricate process in accordance with the UCCJEA with the help of an experienced family attorney. 

The first step is to file a request with the county clerk in the Michigan county where you currently reside, requesting that the custody decision be moved from another state to Michigan.

You will need to supply a variety of relevant details, such as the circumstances surrounding the current custody arrangement and custody determination proceedings in another state, among other things. 

Even if you are unable to do so right now, you can still take the necessary procedures to attempt to transfer custody determination at some point according to the Michigan UCCJEA, which provides guidance for parents wishing to establish Michigan as the jurisdiction for custody decision.

Two distinct uniform acts control the Court’s jurisdiction over children and support in interstate matters. The UCCJEA, which also governs the enforcement of custody and parenting time orders issued by courts in other states, serves as the foundation for identifying which state’s court should handle custody/parenting time disputes. The Uniform Interstate Family Support Act (UIFSA), which establishes a framework for deciding which state’s court shall handle paternity cases and child/spousal support disputes, also controls the execution of support decisions issued by other states.

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Your fiancé resides in another state and has a child from a previous relationship. Your fiance and the former spouse are currently having joint custody of their child. How can I marry a fiance with joint child custody out of state, you ask yourself? Your own marriage won’t necessarily get affected. 

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You can still pursue marriage with your fiance. You can accomplish your marriage goals as long as you keep an open mind while doing so. As soon as you marry your fiancé, you’ll become a stepparent. You must begin thinking through the role you will play in the lives of your soon to be husband and step child. Rather than trying to act as the child’s parent, the best role to play is to be a good host.

Stop for a moment. Do realize that when you marry your fiance, you are going to start a blended family.

The Challenges of Becoming A Stepparent In a Blended Family

First marriages continue to experience divorce at a rate of about 50%. In other words, a large number of people get married again and live together again. Each person carries their own special “baggage” to a new relationship, regardless of whether you remarry or simply cohabitate. This baggage often takes the form of children.

For a lot of individuals, marrying someone who has a child from a prior relationship means developing a bond not just with the adult partner but also with the child. If the relationship breaks down, this can be very difficult since you’ll feel like you’re losing a child you’ve grown to love and consider your own, even though you’re not blood relatives. This ideally is how a blended family is formed.

A blended family, also known as a stepfamily, reconstituted family, or a complex family, can be defined simply as a family unit in which one or both parents have children from a prior relationship but have come together to form a new family. The parents might not have children together and they might be in a heterosexual or same-sex relationship.

Blended families may run into problems with child support, medical choices, and other complicated challenges like:

• [a] Family members’ roles may conflict when their children are of different ages, such as when a parent’s older child takes on the role of the family’s eldest and the younger children of the other family must learn to fill the vacancy.
• [b] The strain on the original parents to balance the needs of their children and the new partner(s), especially when there may be a clash of values.
• [c] Conflicting family ideals and obligations of each family member in terms of daily tasks, proper conduct, and other expectations
• [d] Problems with social graces between the biological parent who isn’t participating and the new stepparent, and which one is serving as which kind of role model
• [e] Communication problems over how to jointly raise the children
• [f] Stepchildren frequently push the limits of the new family dynamic and trigger concerns on discipline.

Discipline is among the most difficult issues that arise when two families merge. Although it can be challenging, it can be nearly impossible to discipline someone else’s children. Regardless of the child’s age, consistent and effective discipline requires ongoing communication between the biological parent and the stepparent. 

Periodically, it is important to explain the clear expectations for parenting, guiding, and supervising the kids. When combining families, be reasonable. To encourage stepchildren to appreciate and accept the new parent’s decisions, it is essential to invest time in developing a relationship with them.

Parents have a difficult task ahead of them in the real world of family strife, grieving, trust issues, and unreasonable expectations as they attempt to mend the scars caused by divorce, remarriage, and immediate siblings.

The Benefits of Having A Blended Family

While it may appear that stepfamilies have a difficult time combining two families into one and that it is sometimes easier to dissolve the marriage, there are also numerous advantages to a blended family as well:

• [a] Children benefit from having two or more loving parents who serve as positive role models.
• [b] Every family member gains a greater appreciation for diversity and individual uniqueness.
• [c] There is frequently more financial and emotional assistance available for the entire family.
• [d] It’s possible for new siblings to get along well with one another and develop bonds of care and support.
• [e] The new family structure may be more wholesome than the old one, providing a more tranquil and stable home.

Many blended families eventually overcome their challenges and develop into solid, encouraging family groups for each member. There are successful blended families out there, and with a lot of patience, blended families may succeed just as much as traditional families.

Do Stepparents Even Have Parental Rights

The rights of stepparents are somewhat ambiguous under the law, and each state will handle the situation differently. But some broad generalizations are possible.

A stepparent is typically referred to as a “legal stranger” to the child. 

When a person marries a child’s biological parent, they do not instantly acquire or share that parent’s parental rights in the child. Although divorce might end a marriage, it does not revoke the parents’ legal authority to parent a child. The parents continue to share joint physical and legal custody. Stepparents may be able to influence minor children and help the biological parent with their responsibilities, but they do not automatically acquire any rights or obligations as a result of a marriage.

Adoption is the most popular way for stepparents to acquire parental rights. Parental rights difficulties are frequently settled by adopting a stepchild. However, adoption is a very difficult process.

According to Michigan law, a parent or guardian of a minor child may designate another person as the temporary beneficiary of a power of attorney that transfers parental responsibility. Without the need for a judge’s intervention, a stepparent can be temporarily granted parental responsibility for a period of no more than six months, which can be extended.

The state of Michigan, however, considers it a felony punishable by a fine of up to $100,000 or by up to 20 years in prison, or both, if a parent makes an attempt to use a power of attorney to transfer the legal or physical custody of a child with the intent to permanently relieve a parent of parental responsibility. 

A person who helps, aids, abets, or conspires with a parent to do this act, including the person receiving the transfer of parental authority, is also guilty of a felony in the state of Michigan and is subject to a fine of up to $100,000 or a term of imprisonment of up to 20 years, or both.

Another way to acquire parental authority is to have guardianship.The probate court may appoint a guardian for an unmarried minor. In the county where the minor resides or is present at the time of filing, anyone concerned about the welfare of a minor—or a minor who is 14 years old or older—may petition for the appointment of a guardian on their behalf.

The finer elements of blended families are brought to light by comprehending the differences between the definition of a blended family and the definition of a family in general. Although blended families have advantages due to their particular family structure, parents of children with diverse parents nonetheless confront additional problems. 

Statistics on blended families support both of these views. No matter what biological or legal ties may or may not be there, taking a deeper look at your blended family enables you to recognize the special qualities and worth of each person.

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The number of children, the number of nights the children spend with you, your income, and the income of the other parent are all factors in the child support calculation. What is child support supposed to cover? Does tuition come with it?

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It is not a factor to decide what to spend money on or how to spend it. You will need to negotiate with the other parent if there are any specific expenses you need to pay for, such as school expenses, sports equipment, or extracurricular activities. You cannot simply request the child support formula be amended to incorporate any particular things. Speak to your lawyer if you don’t like your child support payments.

How Do Courts Come Up With A Child Support Amount

Unless the result would be unfair or improper, the judge must order support in accordance with the Michigan Child Support Formula. You must persuade the judge that the Formula amount would be unfair or improper, even if you and the other parent consent to a variation (a support amount different from the Formula computation). 

The Michigan Child Support Formula is used to determine the amount of child support. It considers the following elements:

• [a] Parents’ earnings
• [b] How many “overnights” a child spends with each parent in a given year
• [c] The number of children who were helped
• [d] Healthcare expenses
• [e] Childcare expenses
• [f] Other factors

The twenty deviation criteria (included in the Michigan Child Support Formula Manual) that could make the Formula amount unjust or incorrect are listed. These can be found in the Manual’s Section 1.04(E). If any of these circumstances apply to your case and you want to urge the court to deviate from the Formula, mention them at your hearing and make reference to them in your Deviation Addendum.

You will need legal assistance with this. It can be challenging to provide evidence why the Formula should be changed.

The Uniform Child Support Order Deviation Addendum is an additional form that must be completed if you are requesting a deviation. Bring the completed Uniform Child Support Order and the form to your court appearance.

A judge issues a Uniform Child Support Order or UCSO to begin paying child support. The UCSO will have the following functions:

• [a] Base support
• [b] Medical support
• [c] Childcare expenses

Both parents’ net incomes and the number of overnights spent with children are taken into account when determining the base support amount.

When there is no consensus on the number of overnights or when a parent’s income is not clear, determining a child support amount is frequently a contentious subject between the parents. The amount of support imposed is typically insufficient for the payee and feels burdensome to the support payor, regardless of whether they eventually come to an agreement on a support amount or the court orders one. 

When payors discover that child support does not fully cover their children’s expenditures, they are frequently shocked. Typically, just the costs of housing, clothes, and food are covered by child support.

How Does The Court Enforce the UCSO

Child support payments are gathered and dispersed by the Friend of the Court or FOC and the Michigan State Disbursement Unit (MiSDU). Most of the time, child support payments are automatically deducted from the payer’s paycheck and sent to the payee by MiSDU. When support is paid in this manner, a copy of the income withholding order is given to both the payer and the payee.

Sometimes it is impossible to withhold money because the payer is a self-employed person or for other factors. There are alternative payment options in those circumstances. Payments can be sent directly to MiSDU by the payer or, in very rare circumstances, to the FOC. 

The parties may occasionally accept an alternative payment plan. Payments made outside of MiSDU or the FOC must be reported to the FOC by the payee in order for the payer to get credit.

Whether a child support order is ex parte, temporary, permanent, or a revision of an earlier order, a UCSO is still enforceable. Only past-due support payments, or “arrearages,” may be collected using some enforcement techniques. Methods of enforcement comprise:

• [a] Deducting money from a payer’s paychecks.
• [b] Attaching a lien to the real or personal property of the payer.
• [c] Garnishing refunds of state and federal taxes
• [d] Suspending a license for driving, a job, a sport, or other activities

If the payer fails to make a payment and income withholding is ineffective or not an option, the payee or a friend of the court may file a motion to show cause. If the judge determines that the payer is capable of paying all or part of the debt, they may be held in contempt of court. Jail terms and heavy fines are the most common sanctions for contempt.

What Specific Expenses Are Included in the UCSO

The Supreme Court Administrator’s Office was obliged by the Michigan Friend of the Court Act of 1982 to develop a formula that would serve as a guideline for recommending child support. The child support formula in Michigan was developed by a committee of family law attorneys, psychologists, public health authorities, and members of the general public after extensive research and with the help of economists. 

It became effective in Michigan in 1984. The document’s official title is “Michigan Child Support Formula,” however the term “guidelines” is considerably more frequently used. The recommendations are based on the expected costs of raising children in Michigan, taking into account the number of children and the parents’ combined income.

Base Support

Both parents’ net incomes and the number of overnights spent with children are taken into account when determining the base support amount. The court calculates base support using the total number of children in common to distribute support payments for children of the same parents, whether ordered in a single case or multiple cases. 

The court divides the basic support for the children in a parent’s custody from the base support for those who reside with a nonparent-custodian when some of the children-in-common are in the nonparent’s care.

Medical Support

Medical support comprises regular and supplemental medical costs, health insurance, and premium sharing. Regular medical costs include copays and deductibles for uninsured medical costs. Parental care costs like over-the-counter medications and first aid supplies are excluded from regular medical costs. The average cost of medical care for one child is $454 per year. 

Uninsured charges over and beyond the annual cap on typical medical expenses are referred to as additional medical expenses. The UCSO refers to these extra costs as uninsured health care charges. Typically, a percentage of increased medical costs is allocated to each parent based on their income.

Child Care Expenses

When the parties have an established pattern for child care and can attest to their actual, predictable, and reasonable child care expenses, childcare reimbursement amounts are based on actual costs.

One of the parents will be required by the court to supply the child with health insurance. This private insurance may be supplied as a perk of employment, purchased, or obtained in another way from a parent’s spouse or other household member. Or, in some circumstances, it might be public insurance like Medicaid or MIChild. To decide which parent should provide coverage, the court will take into account a number of variables from the Michigan Child Support Formula Manual.

Day Care Expenses

Daycare costs are split between the parties in accordance with their respective salaries under the Michigan Child Support Formula. Additionally, the court will only order the payer to pay for child care that is required due to the payee’s employment or educational obligations. The cost of child care is typically factored into the amount that the payer pays through MiSDU, while it is also typical for the parties to make their own separate payments to the childcare facility.

Extracurricular Activities

Extracurricular activities are supported by child support in accordance with the Michigan Child Support Formula. But when the activities and costs are agreed upon by both parties, many parties also agree to split the cost of these outlays in addition to the amount of child support.

Education Expenses

In Michigan, a parent’s obligation to pay child support may extend to covering costs for child care, education, and other health-related expenses, as well as any necessary medical costs associated with the mother’s pregnancy or the child’s birth and the cost of genetic testing.

Books, materials, and even private tuition payments for elementary, middle, and high school are included in the cost of education.

Does college count as part of the cost of education?

If you’re going through a Michigan divorce and wondering if you or your ex will have to pay for college, you should be aware that state law in Michigan does not consider college costs or payments to be part of child support.

Apparently, it is not the level of education which actually matters. It is the age of the child. You should be aware that unlike some other states, Michigan does not specifically provide for the inclusion of educational expenses in a divorce case. 

The only statutory exception is when the child turns 18 while still enrolled in high school and stays there full-time. Even though the child is still in high school in these scenarios, child support will terminate when the child turns 19 years and 6 months old.

However, there are specific circumstances where paying for a child’s college expenditures as part of the divorce process may fall to one or both parents. 

The only way a divorce order can include college payments is if the parents already agreed to their contributions to the child’s college or university costs. Otherwise, a Michigan court will not compel one or both parents to pay a child’s education expenditures as part of the divorce settlement.

To be clear, if the parents have already agreed to this arrangement, the court will only order a parent to make college payments after a divorce.

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If I have no parenting time, do I still have to pay child support?

People ask this question surprisingly frequently. Parents might think the number of hours spent parenting is related to child support. Children have demands. They must eat. They must have fun and play. They must attend school, just like any developing child. These are not optional things. These are basic needs of children to grow and have normal healthy lives.

Click here to watch the video on If I Have No Parenting Time, Do I Still Have to Pay Child Support?

Child support relates to expenses required to provide for and raise children. Even if you don’t want to be active in your children’s lives, you must pay child support because you were the one who gave life to them. You will still need to provide for them financially whether you actually get involved in their lives or decide to stay out of them. 

What we’re saying is you need to pay up.

The Truth About Parenting Time and Child Support

Parenting time is the amount of time a child spends with each parent when they do not live together. A child has a right to parenting time with each parent in Michigan, unless a judge determines that doing so will harm the child’s bodily, mental, or emotional health.

Having consistent, ongoing parenting time that fosters a strong link between a child and parent is generally in the best interests of a child. We have discussed parenting time in our article, “How To Establish A Visitation Schedule Hassle-free In Michigan” where we defined parenting time and  mentioned the statutory basis for parenting time in Michigan.

Child support is the payment of money for a child the circuit court has ordered. Support may cover child care costs, educational costs, and the cost of medical, dental, and other health care services.

Michigan courts have the power to order child support in addition to regular child support for things like child care and medical bills. In order to cover medical expenses, the court may require that one parent obtain health insurance for the child up to a certain dollar amount or percentage of income. The judge will also determine how much uninsured medical expenses will be shared between the parents.

We have written about what is actually covered in child support in our article, “How To Get Deduction From Child Support In Michigan?” where we talked about the categories of expenses your child support covers.

Except in certain situations, a court cannot modify a child support order retroactively once it has been entered. As a result, child support cannot be modified beyond the due date, which is the first of the month following the entry of an order. This rule does have a few exceptions, though.

The first exception is when a temporary order specifies child support. Another exception is where the parties consent to a retroactive adjustment and the court ratifies that agreement. Another exception is made where the person who must comply with the Friend of the Court willfully and deliberately refuses to report, fails to do so, or willfully misrepresents his or her income.

The Consequences of Not Paying For Child Support

The Friend of the Court or FOC  automatically starts enforcement actions when the amount of unpaid support equals or exceeds one month’s worth of payments as mandated by the court. Usually, it sets up a civil contempt trial, which could lead to fines or imprisonment.

Whatever your motivations, failing to pay child support in Michigan is a perilous route to take both financially and legally. The repercussions are unpleasant, according to the Michigan Department of Health & Human Services or DHHS.

You may have to go through some of the most unpleasant consequences of not paying your child support as follows:

Income withholding.

Deductions for both current and past-due medical and child support obligations are made from your paycheck and sent to the Michigan State Disbursement Unit. There are more sources of income that must be withheld as well.

Surcharge. 

A judge may order that a semi-annual interest surcharge be added to the amount you currently owe if your child support payments are in arrears.

Lien/levy.

Your real estate, personal property, insurance claims, and other financial assets may be the subject of a lien or levy.

Offset of tax refunds.

Federal and state tax refunds may be withheld to pay for past-due support after it exceeds a certain amount.

Pension fund(s).

Both state and federal pension schemes, as well as private pension plans, are subject to support orders.

License suspension.

Several types of licenses, including driver’s, hunting, fishing, and professional licenses, may be rejected, suspended, or canceled after a two-month payment delay.

Passport denial.

Just $2,500 in unpaid support might result in your passport being denied or canceled.

Show Cause/Bench Warrant.

You may be required to appear in court to defend your actions if you don’t pay child support or medical expenses on time.

Credit reporting. 

When you apply for a loan, your credit score may be negatively impacted if you fall more than two months behind on your payments, which is reported to a consumer credit reporting agency.

Criminal/Felony Charges.

Yes, things may indeed become this terrible. The county prosecutor may be tasked with handling your case. It’s possible to be charged with felony non-support.

The sooner you address any issues you have paying child support, as is the case with all legal issues, the better.

Making child support payments each month can be challenging if you’re a Michigan parent who has to do it. You could be tempted to stop making payments, particularly if you’ve lost your job, disagree with the terms of your custody and visitation agreement, or are having issues with your ex-spouse. In fact, you could believe that refraining from doing so is justified.

Although it may be easy to understand those sentiments, our legal system is not based on emotions. It is based on undeniable facts and intent of the law.

Consult an attorney. You can always ask the court for a modification of the terms of your child support or visitation agreement.

Parenting Time and Child Support Are Distinct Factors

Although, parenting time is one of the factors considered in calculating for child support it is not the basis to pay or not to pay for child support. Parenting time and child support are not dependent on each other, they are actually distinct factors contributing to the best interest of your child. You need both to serve the best interest of your children.

Child support guarantees that both parents contribute financially to the upbringing of their children. Unless support has already been handled in a related matter, child support orders are necessary in every custody case.

The parent who receives less parenting time typically pays the other parent their part, who is likely to spend their own share of time caring for the children. Courts don’t take a parent’s gender into account.

Orders for child support are carried out by the Friend of the Court (FOC) office. Even if the other parent disobeys a parenting time order, you are still required to pay child support (and you must comply with parenting time orders even if the other parent fails to pay support).

Keep in mind that child support is paid to assist in providing for your children. The lives of your children are impacted when you refuse to pay child support. Inform the other parent right away if you are having trouble making your child support payments. Requesting a modification in support may be made much easier by open contact with the other parent.

If the other party won’t agree to a modification of your child support order and you need one, you can submit a motion to do so and provide the other parent a notice. This day marks the first time child support can be changed. This implies that starting from the date the motion was filed and notice was given to the opposing party, the court may retroactively change the child support order. 

In order to retain the date for a retroactive modification, you must file a motion as soon as possible whenever a change in your circumstances justifies modifying your child support.

Your monthly commitment diminishes when your number of annual overnight visits increases because you are likely spending more money directly caring for the children. You can compute your overnights while taking into account special occasions and schedule modifications.

Use your typical number of annual overnights if you have a “reasonable parenting time” arrangement, or request a specified parenting time schedule from the court.

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What exactly qualifies as child neglect? Abuse and neglect are frequently discussed in conjunction with one another. Although there are behaviors that could be considered neglect, there are no legal standards of what constitutes neglect. The categories of neglect is more a description of the outcomes, results or symptoms of neglect. Weight loss may be seen as a symptom of neglect by mandatory reporters like pediatricians, which may result in a visit by Child Protective Services, or CPS.

Click here to watch the video on What is Considered Child Neglect in Michigan?

You might need to use caution when accusing someone of neglect since the court may not view the situation as you do. Your careless use of the word neglect could damage your reputation and moral character in a custody dispute.

Child Protective Services use the State Child Protection Law’s definition of child abuse as the basis for their inquiries. The Child Protection Law defines four basic categories of child maltreatment. Physical abuse, mental harm, child maltreatment, and sexual abuse are among the four categories. It is simply the bad things you do to a child.

Neglect is more about all the bad things you allow to happen to a child.

The Truth About Child Neglect

The State Child Protection Law defines child neglect as a parent, guardian, or other person in charge of the child’s welfare causing or threatening to cause injury to the child’s health or welfare as a result of any or a combination of:

[a] careless treatment, such as failing to give victims enough food, clothing, shelter, or medical attention, or

[b] failing to take action to reduce a risk to a child’s health or welfare when a parent, legal guardian, or other person responsible for the child’s health or welfare is able to do so and has knowledge of the risk, or should have had knowledge of it.

Physical neglect, medical neglect, failure to protect, improper supervision, and abandonment are the five categories of child neglect that Child Protective Services must establish by a preponderance of the evidence.

Physical Neglect

Physical neglect includes careless treatment, such as failing to give the child the food, clothing, or shelter they need to survive and remain healthy. Physical neglect of a child does not include situations that arise only because of poverty.

Medical Neglect

Medical neglect occurs when a parent or guardian fails to provide a child with the necessary medical care and that failure puts the child at risk of dying, becoming disfigured, or suffering physical harm and such failure affects the child’s ability to grow, develop, or function in a noticeable or material way.

Failure to Protect

When a parent intentionally permits another person to abuse or neglect a child without taking the necessary steps to stop the abuse or are neglecting to safeguard the child.

Improper Supervision

When a parent sets a child in an environment that is not suitable for the child’s maturity level, physical condition, or mental ability and that also causes harm to the child, this is known as child neglect by improper supervision.

Abandonment

When a parent or guardian leaves a child with someone else or an organization without first getting permission from that someone or organization to take care of the child, the parent or guardian is committing child neglect by abandonment.

How Michigan Handles Child Neglect Cases

Investigations into possible child abuse or neglect are carried out by the Department of Health and Human Services’ or DHHS Child Protective Services section. A “mandated reporter,” such as a teacher or a doctor, may report child abuse or neglect to trigger an investigation. A worried friend or neighbor may also phone to start an investigation.

DHHS will collaborate with families to address any childcare issues. Only the most severe situations end up in court. The process in these situations is as follows:

Preliminary Hearing

Preliminary hearings are conducted, excluding Sundays and holidays, within 24 hours if the child is taken from the family. If the parents do not have legal counsel, they may request that one be appointed by the court at the preliminary hearing. There will be separate attorneys for each parent. The petitioner DHHS-CPS, who is represented by the prosecuting attorney’s office, must establish probable cause during the hearing that the child was abused and/or neglected. The parents/respondents have the option of forgoing this hearing.

Pre-trial Conference

The court meets with the parties’ counsel to discuss any issues that will help the case be resolved fairly and quickly.

Plea of Responsibility

In response to the initial petition or a petition that has been amended, the respondent may enter a plea of admission or of no contest. The respondent must be informed on the record or in writing what becomes a part of the case before the court accepts a plea. The plea must be given voluntarily, knowingly, and with understanding. At the plea, the respondent gives the court information supporting a decision that the child is subject to the court’s jurisdiction. 

Trial

If a child was taken from the house, the trial must start as quickly as feasible, but it cannot be delayed past 63 days after the child was taken. If the child was not taken away from the household, the trial must be held within six months of the petition’s filing, unless it is postponed for good reason.

The petitioner must establish at trial that the circumstances set out in the petition are accurate and constitute lawful negligence. The court may decide the case if legal neglect is established at trial by formally establishing its jurisdiction and declaring the child a temporary ward of the court.

Disposition

The dispositional hearing comes next if jurisdiction is established through either a plea agreement or a trial. The disposition entails choosing what, if any, action will be done on the child’s behalf. 35 days following the trial or plea, this hearing is scheduled. The dispositional hearing may be postponed if justification is provided.

Review Hearings

After establishing jurisdiction, the court may continue to have jurisdiction for a very long time. The review hearing’s objective is to determine if the parent has made progress toward the parent-agency plan intended to bring the family back together. The court wants to hear what arrangements have been made for the child’s permanent status, which may entail adoption or guardianship, if parental rights have been terminated.

In the first year that the child is subject to the court’s jurisdiction, the progress of the parent and child must be examined no later than 182 days after the petition is filed, and no later than every 91 days following the petition’s filing. After the first year, the child’s progress must be evaluated every 182 days from the last review until the case is dismissed.

Permanency Planning Hearing

From the time a child was taken from their home, hearings must be held every 12 months. Reuniting the child with his or her parents can be the goal. On the other hand, the permanent plan could be amended to terminate parental rights if the parent has not improved and bringing the child home would be harmful.

Termination of Parental Rights

In a termination proceeding, there is no right to a jury. The parties have the right to a judge upon request, even though a referee may hear a termination case.

The party attempting to have respondent’s parental rights terminated has the burden of proof. Clear and compelling evidence must be provided that one or more factual grounds exist for terminating parental rights.

If You Are Accused of Child Neglect…

Allegations of child abuse can result in both criminal prosecution and being taken away from your family and children. You run the risk of losing your parental rights and maybe going to jail if you are charged with child abuse.

In cases of child abuse and neglect, prosecutors and CPS frequently target the parents. The prosecutor, the guardian ad litem, social workers, the CPS investigator, and occasionally even court-appointed psychologists, psychiatrists, and medical professionals are all working against you in a CPS case.

Even when they are exonerated of all criminal charges, parents are occasionally still the focus of CPS investigation. This occurs for a number of reasons, one of which is that CPS action does not require the same level of proof as criminal courts in order to separate children from their parents.

Your worst fears will come when you meet an overzealous CPS investigator. We wrote about this and how to get around some of the tactics CPS uses to intimidate parents into “cooperating” in an investigation.

We suggest you read up on “What Is The Best Way To Deal With CPS In Michigan?” and “Hiring An Attorney Before Dealing With CPS If I Have Nothing To Hide In Michigan” here in our Legal Blog.

Because of the different bullying techniques employed by CPS, parents occasionally hesitate to contact an attorney. Some of the same intimidating techniques are employed by the police. Parents who refuse to assist CPS with their inquiry have previously been threatened with having their children removed.

The best way to handle these allegations is to talk to an attorney.

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Child support is a mix of many things. Many factors are taken into account while determining child support. How can child support be deducted? The degree to which your situation has changed will determine whether child support can be modified.

Click here to watch the video on How to Get Child Support Reduced in Michigan?

If you fail to notify the court, the court will never be aware of that condition. A decrease in income, a job loss, a spouse who earns more than the other, or more time spent physically raising the children can all have a significant impact on the costs associated with child care. Discuss these changes in circumstances with your lawyer so they can effectively represent you in court and enable you to adjust child support as necessary.

Until the child (or children) reaches the age of 18, or maybe longer (up to the age of 19 1/2) if the child is still in high school or if the parents agree to an extension, both parents are legally obligated to provide for their offspring. But typically, only the noncustodial parent contributes—often in the form of money deducted from a paycheck. Although the law presumes that the custodial parent spends the required amount on the child directly, the non custodial parent is nonetheless obligated to pay child support.

What Is Being Paid For

Normal child support obligations are based on the parents’ incomes, their parenting time commitments, and the number of children to be supported. Parents are also required to pay for child care and medical costs.

The usual child support should be sufficient to pay for the child’s housing, education, clothing, food, and other basic needs.

In addition to usual child support, Michigan courts have the authority to impose child support for child care costs and medical expenses. The court may rule that one parent must purchase health insurance for the child up to a specified monetary amount or percentage of income in order to meet medical costs. The judge will also decide how the parents will split any uninsured medical expenditures.

Child care costs should be covered through child support. While the parent works, goes to school, or looks for a job, this category offers financial assistance to cover child care expenditures for children up to the age of 12. The judge will divide these costs fairly based on the parents’ income.

In their parenting plan, parents might discuss additional matters related to child support. They could decide how to pay for extracurricular activities, travel, special programs, field trips, and other supplemental costs, for instance. When parents divorce in Michigan, some make plans to split college costs.

Where Will Child Support Come From 

You must know both parents’ net incomes as well as how much time each parent spends with the child in order to utilize the child support formula. All gross income is deducted from specific adjustments and deductions for alimony received, income taxes, and other payments and premiums made to determine net income. 

Your salary, earnings, commissions, overtime pay, and bonuses are all included in your gross income. It also includes any royalties, tips, dividends, military specialty pay, and, if they occur frequently enough, even gains from gambling.

Even if you can remove some advantages, such as means-tested assistance, a one-time gift, or an inheritance, for instance, it’s likely that you have income even if you’re not working. You must factor in any workers’ compensation, unemployment, or disability payments when calculating child support.

Unless a parent has a valid cause for not working, a court or state agency may impute potential income—that is, assign a sum—to a parent who willingly works less or not at all.

Read section 3 of the Michigan Child Support Formula Manual to get the calculations you need to figure out a basic support obligation, as well as guidance on what to include and what you can omit.

While the amount of assistance for the child is mostly determined by the parents’ income, the formula also takes into account the parents’ parenting time to determine how support is split between them. It is assumed a parent’s expenses will increase as more time is spent with the child. But if there are numerous kids living in different houses, the expenditures might be adjusted to make up the difference. 

In the Michigan Child Support Formula Manual, section 3.03, you can read more about how this works and see the exact equation employed.

Using the schedules in the Michigan Child Support Formula Supplement and Michigan’s Child Support Formula, you can estimate your fair portion of support; nevertheless, a court, guided by your child’s best interests, has the final word on how much payments should be.

You Can Always Challenge The Child Support Amount

Although a judge must assume the assistance determined by the method is suitable for your child, a standardized judgment occasionally can be unfair. If a judge finds the parents’ agreement is in the best interests of the child, they may not be required to pay the amount specified by the formula when they can agree on a different amount of support.

Before a final order is put in place, you can still ask the judge to change the amount of support even if you and your spouse haven’t reached an agreement. The following elements will be taken into account by the judge to establish a more just level of support:

[a] The demands of the kid

[b] The unusual costs of the child’s education

[c] If a parent is a minor, 

[d] If the calculation did not take a parent’s total income into account 

[e] If the calculation did not take a parent’s total income into account  where a parent receives bonuses infrequently 

[f] If a person other than the parent is able to provide medical care 

[g] If a parent is financially capable of providing the child with additional help to enhance their standard of living over the poverty line for public assistance

[h] Whether the parents ran up a lot of debt together

[i] If a parent is incarcerated and has little to no income or assets, 

[k] Where there are unusually high medical costs

[l] When a parent supports a stepchild almost entirely 

[m] When a child makes an extraordinary income 

[n] When there is a court order requiring payment of additional expenses

[o] Specific spousal support orders 

[p] When a parent’s share of child care costs exceeds 50% of that parent’s base 

[q] When a parent’s criminal fines or fees related to child support or a family member 

[r] Whether a parent is in bankruptcy the day-care and other parent’s costs not reflected by overnights used to calculate the offset for parental time 

[s] When the child is in someone else’s custody 

[t] Support obligation before applying the parental time offset

[u] Any additional factor important to the child’s best interests.

[v] The daycare and other parent’s expenses weren’t taken into account when calculating the offset for parental time during overnights.

[w] Where a family member’s or a parent’s criminal fines or costs associated with child support

[x] Whether a parent is bankrupt 

[y] If a parent does not have custody of the child.

You must provide proof that a “change of circumstances” has happened since the initial or most recent order was made in order to petition for a modification of the required child support. What would a “changing of circumstances” involve specifically?

For instance, you might want to request a raise if your spouse received a sizable promotion and pay raise at work. Similarly, you might want to request for a reduction in your ordered support if you’ve lost your work, which was overwhelmingly demonstrated during the Covid-19 outbreak.

The idea that the father of the children would always be required to pay child support is a pervasive misconception. This might not always be the case, as the calculating approach in the Michigan Child Support Formula Manual demonstrates.

In many circumstances, the mother of the children may earn more money or perhaps have a more demanding work that necessitates the children stay over with their dads more frequently.

If your overnight count has significantly changed, it would also be advantageous to motion for a revision of support. One or two nights won’t impact the order, but if you’ve increased your parenting schedule by more than 20 nights, things might change.

Many men choose not to petition for changes because they believe they will have spent needlessly their time and money on a court filing. They believe fathers are solely and inevitably accountable for paying child support anyway.

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Long-term marriages that end in divorce are known as silver divorces or silver gray divorces, and the cause is not simply getting older or being married for 25 years. It alludes to unions where one partner is retired or both are older. Is there a process for handling a silver divorce?

Click here to watch the video on How To Handle A Silver Divorce In Michigan

A silver or gray divorce frequently begins soon after the youngest child of a pair leaves for college or when one or both spouses retire. Couples have a lot more time to themselves if they transition from working life to retirement in an “empty nest.” Unfortunately, a lot of couples discover they have drifted away over time without even realizing it. Additionally, they could have various expectations for retirement, intending to continue living active lives as adults or viewing it as a time to unwind.

Gray Divorces, Silver Divorces, They’re All On The Rise

People who are this old may amass more riches or have greater marital estates, but the divorce procedure is the same for everyone. Couples of this age will have health difficulties to take into account. Pre-existing medical requirements will be taken into account when dividing the property. Although the court already uses the 50/50 equitable framework, it may make certain adjustments to account for the requirements of couples going through a silver divorce.

We posted an article about long term marriages entitled “Gray Divorce & Preparing To Be Alone” in our Legal Blog here. Apparently even the U.S. statistic we mentioned is not unique. The rising divorce rates seem to be a trend globally.

The rise of gray divorces is not just happening in the US. The same trends are present in Japan, Europe, Australia, Canada, the United Kingdom, India, and the rest of the world. According to Canada’s national statistical agency, the number of “gray divorces” among people 55 and older, including people 65 and older, has been steadily rising. 

The rates are anticipated to rise as more people live longer. According to the Office for National Statistics in the UK, the divorce rate among people 55 and older, sometimes known as “silver splitters” and “silver surfers,” has doubled since 2017. In the last 20 years, the divorce rate for Japanese couples who have been married for at least 30 years has quadrupled. It is known as “Retired Husband Syndrome” in Japan.

Ending Marriage, Relationships, Happiness, and Living Longer

People who file for divorce beyond the age of 50 say they desire something more and different. Many of them witnessed the divorces of their friends’ parents as well as their own parents as they were growing up. They grew up during the divorce epidemic of the late 1960s to the early 1980s and are more likely to have married as young adults, divorced, and then remarried.

Some people have endured unhappy marriages for many years. Some people hardly ever speak to their wives. They express loneliness and a sense of estrangement from their spouses and inquire, “Is this all there is? ” A recurring theme is “Staying in this shell of a marriage is killing me.” What they say and how they feel are supported by the results of the Harvard Study of Adult Development. As they enter the next phase of their lives, they hope that pleasure, contentment, and joy are in store for them.

One of the world’s longest adult life studies, the Harvard Study of Adult Development, monitored the lives of two groups of men for more than 80 years. According to psychiatrist George Vaillant, the study’s previous director, when it first started in 1938, no one was interested in attachment or empathy. But relationships, relationships, and more relationships are the secret to aging well.

The study’s current director, Dr. Robert Waldinger, asserted in his well-regarded 2015 TED talk that the participants’ cholesterol levels in middle age did not accurately indicate how they would age. It was their level of relationship satisfaction. The healthiest individuals at age 80 were those who were the happiest in their relationships at age 50.

The study’s unexpected conclusion, according to Waldinger, is that while taking care of our bodies is crucial, so is taking care of our relationships. He revealed the study’s three key takeaways:

[1] We benefit greatly from our social interactions, but loneliness is deadly.

[2] Conflict has a very negative impact on our health.

[3] Healthy connections do more than only keep our bodies safe. They protect our minds.

Abuse of the mind, body, and emotions drives spouses to seek safety. Spouses are driven to look for relief from betrayal caused by financial irregularities. People realize that they are dissatisfied and unhappy since they are not fulfilling the dream they had when they got married decades ago. They plan to pursue personal happiness in the ensuing decades.

Divorce and Property Division

The problems frequently arising now when couples divorce after age 50 were rare in the past, when marriages lasting for 30 years were frequently considered to be forever.

But times do change. Individuals live longer. It seems more familiarity can occasionally breed more contempt.

One in four people going through a divorce now, which is double the rate from just 20 years ago, is over 50. And even though 55-year-old couples going through a divorce may not have to argue as much about child custody as 30-year-old couples may, there are still a lot of issues that need to be resolved, and were examined far less frequently when “Silver Separations” were less popular.

The physical and financial connection created when a couple marries must ultimately be broken up and resolved in order for a divorce to be finalized. In order for the court to answer the frequently complex question of “who leaves with what” when a marriage is legally dissolved, each divorce entails an inventory of the property, assets, and other things acquired and/or possessed by a couple both before and during marriage.

Although there is a nearly equal starting point for the courts, a number of factors affect the final decision on property division.

Prenuptial agreements.

Prenuptial agreements have the power to change how an estate is distributed. Many people who possessed assets or anticipated inheriting assets used prenups to specify how their property would be divided. The analysis goes on even if there is a prenuptial agreement, especially one that was written years ago. To achieve the judge’s preferred division, courts may attempt to “invade” one spouse’s otherwise independent property. The proverb “the devil is in the details” perfectly describes this situation.

Separate property versus marital property.

Separate property could include assets a party brought into the marriage or those a party got through gift or inheritance during the marriage. A judge’s first task in dividing property is to determine what is “marital” and what is “separate.” On the other hand, property acquired during the marriage or brought into the marriage as a result of the marriage belongs to the marriage. It is obviously not so clear in the hazy world of the law. Through the frequently unintentional activities of the parties themselves, property that one party claims is “absolutely mine” can become martial.

Divorce and Spousal Support

Support is likely if one spouse frequently stayed at home and the other made a sizable income. Support is likely if the former breadwinner is now retired but still generates more income than the other person, such as from social security benefits, retirement, and interest.

It is more likely in the elder set’s larger estates that each party will win sizable property awards that could result in sizable salaries. To decide whether to grant support, the court will look at the potential income of each party.

The court may also take into account a party’s unique medical expenses. Costs associated with medications, therapies, and caregivers may come up in divorce proceedings involving older couples.

Be aware of the costs of living after divorce. You might need to stick to a budget that accounts for your daily spending, rent or mortgage, transportation, and other costs roughly corresponding to your pre-divorce lifestyle. The judgment would have been just enough to guarantee that you receive a fair portion of the property split and spousal support payments. Nevertheless, you must ensure there is a reliable source of income to see you through the rest of your life.

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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.