Every divorce has a purpose, and the division of marital property is frequently on the table. A lot of divorces never get to trial.  This indicates that most disputes, including who gets the house, are typically resolved by people’s attorneys. Now, in a divorce, can the judge order the sale of a home? 

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The house usually belongs to the marital estate. When it comes to divorce, the court is in the business of liquidating assets. You can refinance it and give the other party half of the house’s value, or you can take on a loan or assume a debt to pay off the other party’s obligation. In the end, the court wants to provide each party an equitable portion that roughly equals a 50/50 split.

During a divorce, marital assets are distributed. Marital property is the majority of the possessions you or your spouse acquired while you were married. It won’t matter much whose name is actually on the title or certificate of ownership. Unless it was a gift or inheritance, it remains marital property. You both own anything that is marital property.

The Marital Property

Marital property is defined as that which is gained or results directly from the efforts and investments of the parties during the marriage and is subject to equitable partition under Michigan law.

In a divorce, the assets of the marriage are divided. The majority of your possessions—or those of your spouse—were acquired throughout your marriage. It doesn’t matter whose name is on a title or deed if one exists. Unless it was a gift or inheritance, it is still considered marital property. Anything that is marital property belongs to both of you.

Be aware that this covers property acquired throughout the marriage, even if it takes place after a divorce judgment has been issued. For instance, even if you file for divorce (or are truly divorced) before the bonus or commission is handed out, if you earn it while you are married, it will be regarded as marital property.

It is irrelevant which spouse actually earns the asset. A savings or retirement account can only be linked to the wages of one spouse over the course of the marriage. That account is still regarded by the law as marital property.

The Property Division

Equitable division refers to the distribution of marital property in a way that produces a result that is fair or equitable for each spouse; it does not mean that the property is divided evenly.

According to case law, courts will take into account the following factors, even though there isn’t a set list of them in Michigan’s statutory law: 

[a] the length of the marriage; the needs of the parties; 

[b] the needs of the children;

[c] the parties’ earning capacity; 

[d] the source and contributions to the marital estate; and 

[e] the reason for the divorce, including marital misconduct.

There are a number of issues that need to be resolved when splitting interests in a house or other real estate. For instance, it will probably be essential for the opposing party to receive a counterbalancing equity buyout if one party seeks to receive 100% of the marital rights in a couple’s house. The parties will probably have to sell the marital house and divide the net proceeds if there is not enough flexibility in the marital estate to allow one party to maintain the home and grant the other party an equity buyout adequate to meet equal division of the marital estate.

In order to distribute the property in a fair and equitable manner, the court must be aware of its value. That’s quite simple with some assets, like a bank account. You will usually need to seek advice from an expert, such as a business or real estate appraiser.

Moreover, there are other matters to consider such as  the transfer of title to the property, the assignment of insurance and any escrow balance, the allocation of income tax and real estate tax benefits and liabilities, the use of security mechanisms, closing costs, the assumption of liens, encumbrances, ownership expenses, and occupancy expenses, the removal of a party’s name from third party liability (most importantly mortgage liability), the occupancy rights, sale provisions, closing costs, the apportioning of those obligations, and the assumption of those benefits.

Marital property includes the portion of a pension or retirement plan that was accrued during a marriage. In the event of divorce, the non-employee spouse is entitled to a portion of their spouse’s pension or retirement plan. Sometimes parties agree to maintain and not divide their respective pensions or retirement plans. Another alternative is to provide additional assets to the non-employee spouse equal to half of the retirement benefit accumulated by their spouse during the marriage.

Evaluating retirement accounts may be particularly challenging when they are divided prior to their pay-out period. In that case, you’ll need to determine the account’s current value, which almost definitely requires the assistance of an actuary.

The job of an actuary is to help clients reduce risk by estimating the financial effect of uncertainty using math and statistics. The risks associated with financial investments, insurance plans, and other potentially hazardous endeavors can be evaluated and managed by an actuary.

If you and your spouse feel comfortable negotiating, get together, make a list of all of your assets and liabilities, and decide how to share them. If you and your spouse have agreed, the judge will assess your settlement to ensure that it is fair and will usually approve it.

The Marital Home

The house where you and your spouse resided while you were married is known as your marital home. Think about who can afford to keep the house between you and your spouse. Typically, whoever owns the marital house is responsible for all of its expenses. Mortgage payments, property taxes, and maintenance fall under this category.

It makes sense for the person who can afford to keep the home when there is only one person who can afford these fees. Sometimes neither party can afford the house on their own, in which case the only choice is to sell the house and split the proceeds. You two might be able to come to an understanding over what should happen to the house. If you can’t come to a decision, a mediator or attorney may be able to assist you.

One of two things could occur if your case gets to trial and the judge chooses how to divide your property. The judge may order you to sell the home or grant it to one of you. You and your husband will split any proceeds from the sale if the judge authorizes one. Alternatively, if you owe more than the house is worth, the difference will be split between you.

Before a divorce is official, it’s customary for one spouse to leave the marital residence. Sometimes people believe that when they move out, their property rights are forfeited. 

That is untrue.

Before getting a divorce, a spouse who vacates the marital residence retains a property interest in it.

What is very true as we have discussed here is that a judge in a family court in Michigan can order a house to be sold to resolve property division in a divorce.

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Should I date while getting divorced? In Michigan, there aren’t many restrictions on your ability to date or socialize while going through the divorce process. Even though there are no limits or it is legal, you may need to think about how it will impact your children or your efforts to get a divorce quickly and amicably. There is no way you can introduce this new person to your kids. You most definitely don’t want to foster resentment toward your soon-to-be ex-spouse and add to the already tense divorce process.

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Keep in mind that by introducing your new date to the person you will be haggling with about your alimony, child support, custody, and parenting time, you are alienating your soon-to-be ex. You don’t want that person to hinder your ability to proceed later in the divorce procedure.

You Should Worry About The Optics

Both parents should be worried about the optics of new relationships. How is it going to look to the kids? Most of all, how is it going to look from the court’s perspective? 

Having a girlfriend or boyfriend could impede a quick or amicable divorce if you and your soon-to-be ex-spouse are currently living apart and going through the divorce process. A relationship with a new person could taint property division as well as child custody, even if the person who was involved in the infidelity that led to the divorce is no longer in the picture.

Even if it’s unintentional, if you start seeing someone during your divorce, your spouse might assume you were secretly seeing them before you split up, and their lawyer might summon that person to testify in a deposition or even during your divorce trial.

Your spouse’s lawyer and even the judge may see your texts, emails, and social media posts related to your dating activities. These exchanges are public and could be used against you. The secret to getting through a divorce with the least amount of discomfort and embarrassment is discretion.

If you are getting preoccupied with a new relationship how will you manage parenting time which is challenging in itself already. If you weigh the amount of time you’re supposed to spend with your children and the time to arrange and set up your date with a new person, you will be making priorities against parenting time. You’re not going to look good compromising your parenting time in favor of a new relationship.

It may be assumed the person is too self-centered to act in the best interests of his or her children by dating openly at the early stages of divorce. The dating parent could appear as uncaring because the children’s best interests always take precedence in custody disputes.

The Consequences of Dating During A Divorce

The appearance of romantic partners (or anyone else, for that matter) around the minor children during parenting time may be restricted by family court judges. Even if it is not forbidden by a court order, the addition of a cohabiting partner or new spouse to the household may be cause for the other parent to submit an application to change custody or parenting time.

Dating during a divorce is often discouraged by divorce attorneys since it can raise the expense and angst of the divorce process. Although courts cannot expressly “penalize” a divorcing spouse for dating, it can still have an impact on the terms of the divorce settlement.

Never even consider dating someone else unless you and your husband have physically split and are living separately. Otherwise, a judge can decide to give your spouse a bigger portion of the marital assets and property.

Meeting a new love interest might worsen a child’s emotional distress and may have an impact on your claim to child custody.

Parents should be aware that if there is a good reason or a change in circumstances, custody and parenting time orders may be reviewed. The presence of a parent’s new romantic partner can cause these changes.

It’s disruptive and detrimental for children when parents push them to meet and build bonds with new partners who may subsequently leave their lives. In addition, a parent’s bad judgment may result in the loss of custody or parenting time if they bring in a live-in third party who the judge deems to be potentially dangerous.

Parents are permitted to pursue other romantic relationships with different partners after a separation or divorce as long as they still have parental rights over their children. These additional relationships might progress into a serious, long-term partnership that might result in cohabitation or marriage.

There is actually a statute prohibiting cohabitation with romantic partners without marriage in Michigan. Although this statute was never enforced by prosecutors, this act was never repealed, proving the Legislature still intended to keep this prohibition in place and that doing so was in the public interest. Violating the statute is a misdemeanor carrying a maximum sentence of one year imprisonment or a maximum fine of $1,000.

The emotional impact on your children, whether they are young children, teenagers, or adults, should be taken into account in addition to the legal considerations when dating while going through a divorce. Your children, your relationship with them, and how they see you will all be impacted by new relationships. Divorce is already a challenging process, so it’s crucial to consider how each decision you make will affect your children.

The Better Options For You

The most expedient choice is to not really start any relationship. However, we may succumb to the desire to seek emotional support, in the unlikely event of “love” finding its way regardless, it is better to exercise caution in embarking in this emotional adventure.

Use prudence when dating. If at all possible, wait until far after the divorce is official to even introduce your children to a new dating partner. 

If you fall in love with someone new, be upfront about your situation and refrain from dating them while you are still living with your husband.

Instead of looking for a new relationship, seek out a group of people who can relate to you. You can deal with any feelings of abandonment or solitude by joining the right support group.

Many spouses add a clause in their divorce agreements outlining acceptable behavior when it comes to new significant others as part of their divorce settlement. They may specify a minimum amount of time you must have been dating someone before they are allowed to see the kids or spend time with them. Exes may agree in more amicable divorces that they can only present a new spouse to their children after they have introduced themselves to one another first.

Your dating behavior can suddenly be the target of an investigation if your previously cordial relationship with your ex suddenly soured or if your already terrible interactions become even more nasty. Be wise when dating if you must do so while going through a divorce.

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Is Michigan a mother or a father state? Decisions pertaining to divorce, such as child custody, would have favored the wife decades ago. Even if the courts would argue that it isn’t truly happening that way, fathers would assume the custody case will not go their way. 

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Although there is some bias present, we have made great progress in eliminating it from judicial decisions. The best interest of the child is now a bigger factor in judicial decisions. The state no longer bases its decisions on who is wearing the skirt, however there may still be parental slander.

Perceptions Catching Up With Facts

Legal and physical custody are decided by family law courts based on the child’s best interests. The parent who has taken on greater responsibility for the child’s upbringing is likely to have an edge as they consider a variety of factors to determine what is in the child’s best interests. Even if circumstances are changing, traditionally, women have been more responsible for raising children.

It may not be fair to say of courts being gender-biased, considering more than half of the custody cases are not even decided by the courts.

Over 90% of child custody disputes were settled by the parents without the help of the family court, according to statistics on child custody. In other words, the judge only needed to approve the order based on the parents’ written agreement. The reality is most of the time, the court isn’t even deciding who gets custody.

In just over half of these child custody disputes in the U.S. the mother is mutually agreed upon by the parents to be the children’s custodial parent. 29 percent of these choices were reached without the assistance of a mediator or the court, 11 percent necessitated mediation, and 5 percent were reached following a careful custody analysis.

Only 4 percent of child custody cases were actually resolved in court.

According to some estimates, up to 40% of women may earn more than their partners, it is becoming more and more common for women to earn more money than their spouses.

The traditional view of alimony is that the guy should pay, and this is typically still the case today. Although precise figures are lacking, alimony is paid by considerably more men than it is by women. In reality, it is still quite uncommon for a woman to be the ex-spouse making alimony payments.

However, it is becoming more typical for males to receive alimony. According to the U.S. Census Bureau, there were 7,000 American men getting alimony in 1998 and 13,000 in 2008.

Data is telling us gender is not really an issue in the state of Michigan or in the other states.

The Courts Are Gender Neutral

The courts in Michigan or in any other state, is neither a mother or father state in as far as data on alimony or child custody is concerned. The data is telling us that the courts are not even deciding on these cases since it is resolved by parents among themselves.

If you are seeking divorce today, your goal should be to avoid a trial. About 98% of divorce cases are actually settled out of court. It’s best to settle your dispute outside of court than to go down the path of litigation and fighting. If there is a dispute over custody and you are the father, you have rights, and whatever is decided regarding custody and parenting time should be agreed upon by both you and the mother. Parenting time and custody arrangements should be made by the parents, not the court system.

Even though 90% of the child custody cases were resolved out of court, 79.9% of those out of court agreements have chosen mothers to be custodial parents according to 2018 data. The data is actually lower than its 2014 statistics of 82.5% of mothers being chosen as custodial parents. If this trend continues, there’s a likelihood fathers might become a preferred custodial parent in the future. This is not the court’s choice but the mutual agreement of parents.

In Michigan, 51% of custody arrangements end up with mothers while 40% are joint custodies. 7% of the time, fathers can get custody. Note that most of these arrangements were decided among the parties themselves out of court.

We can no longer even speculate if courts are gender neutral considering only 4% of child custody cases are actually decided upon by the court. The courts are more focused on the child’s best interest than settling disputes between husbands and wives.

The Future’s Looking Good For Both Gender

So, we can already conclude that the court system has been mainly gender neutral so far within the limited number of cases it handles directly. It handles 2% of divorces cases and 4% of child custody cases.

So when we say women get awarded child custody 90% of the time, it simply means that during an out of court settlement both spouses agreed to have the mother become the custodial parent. It’s clear the court has not been involved in this decision. This will mean higher child support for fathers.

This is not really bleak on the part of fathers considering that in the U.S. 74.3% of custodial fathers have full-time jobs. 

In terms of women becoming breadwinners, data shows we are getting there. 40% of households with married parents have women as breadwinners.

In the matter of alimony, we may not be there yet. Only 3% of spousal support arrangements in the U.S. are paid to ex-husbands. This is not really about gender-bias or the court favoring women, it is because women do not yet constitute the bulk of the primary caregivers and breadwinners of the country.

Although statistically only a small fraction of divorce and child custody cases eventually end up being decided by the court, it is important to remember the system has minimized gender bias in its determination and decision-making.

When you give both parents equal share in the outcomes of any divorce or child custody determinations, it forces shared parenting time to benefit not just parents but mostly the children.

In focusing on children rather than on the parents, it helps achieve the outcomes the statutes were designed to deliver. We’re not sure if the benefits can be attributed partially or entirely to the court system or the statutes but here is some good data.

[a] Co-parenting strengthens the bond between parents.

[b] 90% of parents concur that having shared custody had a major positive impact on both themselves and their children after a year.

[c] In a shared custody situation, infants and toddlers are 80% less likely to feel abandoned by a parent in the future.

[d] A child’s chances of being emotionally, physically, academically, and relationally successful are doubled when both parents share parenting time.

[e] By preventing injustice and litigation, shared parenting cuts the likelihood of parental conflict by 80%.

[f] Co-parenting increases both the mother’s and the father’s affection in equal measure.

[g] When each parent got at least 35% of the visitation time, children between the ages of 0 and 4 exhibited significant benefits.

The courts more particularly, the family courts in Michigan based most of their decisions on a set of factors applied to divorce and child custody as prescribed by statutes. 

Safe to say Michigan is neither a mother or a father state.

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In Michigan, the post-judgment equitable distribution of the marital assets is 50/50. Will the number of years of marriage affect the equitable division? So how long must you be wed before you receive half of everything? The length of the marriage is not the underlying issue. What should be regarded as marital assets is in dispute because they are the assets up for property division.

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Everything you bring into a marriage after getting married, including winning the lottery, becomes a marital asset. Whether you’ve been married for 18 months or 18 years, as soon as assets begin to amass, they are considered marital assets. The length of your marriage will not affect how much of the marital estate you receive after divorce.

Is It Before or After The Wedding

Before understanding what half of everything means, we have to understand where the halves are coming from. We also need to qualify what “everything” means. We need to talk about separate property and marital property.

Any property possessed by either party before the marriage as well as certain property received as a gift or inheritance during the marriage are considered separate property. Normally, the party to whom the separate item originally belonged retains it. Marital property can convert from separate property. 

In general, what you consider separate property is not going to be subject to equitable distribution. For instance, if you receive a financial inheritance from your parents while you are still married, that money is still your separate property. A gift and any property you brought into the marriage are treated the same way. However, this rule is not always true.

Any assets or debts obtained during the marriage are considered marital property from the date of the wedding until the judgment of divorce is entered. You and your soon-to-be ex are going to be free to divide the marital property.

In the course of a marriage, houses are usually bought. The home would be considered marital property and be divided accordingly. Couples who are divorced sometimes decide to sell their house and divide the money. Or, to maintain an equitable property division, one spouse may keep the house while the other obtains other assets, such as money in joint bank accounts.

What Matters Before Or After The Wedding

As we mentioned above, separate and marital property definitions seem straightforward. It seems very clear cut what assets are separate and what can be marital assets. There are actually certain exemptions from these definitions.

When assets are divided, separate property that has been mingled or blended with marital assets may be treated as marital property.

A court is likely to determine that everything in a joint bank account that has money coming in and going out during the marriage, whether it be through an inheritance or a gift, is marital property.

Another exemption would apply if the other spouse ever made a contribution to the separate property. The spouse who made the contribution may thereafter be entitled to a portion of the asset. Imagine a situation where one spouse owned a home prior to marriage but never shared an interest with the other. However, during their marriage, the couple split the cost of home improvements. After that, the non-owner spouse can be qualified for a share of the gain in the home’s worth that can be attributed to the modifications.

The above are examples of commingling of property. What you now thought were separate properties are now considered commingled property.

The word “commingled property” refers to the blending of separate property with marital property. Why does this matter? In short, it can be challenging—and perhaps impossible—for a court to decide how much of the marital estate consists of separate property. As a result, the spouse who combined their separate property may discover that as a result of the combination, the property becomes liable to distribution during divorce.

This will complicate the already complicated 50-50 equitable distribution split.                                                                                                         

Fifty-Fifty Isn’t Always Equal, So Is Being Fair

Michigan is not a community property state. Michigan uses the principle of “equitable distribution” in dividing marital property. Community property states aim to allocate assets as equally as possible or as near 50-50 split as possible. Equitable distribution states divide property in accordance with an assessment of what is fair in each case.

When a couple files for divorce in community property states, the law mandates that the court split the marital estate equally. Judges in jurisdictions with equitable distribution may deviate from a 50/50 division. Despite the fact that Michigan is an equitable distribution state, courts usually distribute assets fairly equally. 

Only in exceptional circumstances may a court impose a more disproportionate division, such as more than 60/40. In Michigan, spouses are free to come to their own agreement and submit it to the court if they prefer not to have it decided by a judge.

In most cases, judges will respect a couple’s property division agreements unless they are grossly unfair to one spouse or the other.

In Michigan, equitable distribution is the standard for dividing property. In other words, the property will be shared “equitably” or fairly, as opposed to equally. There is a presumption that the division will be nearly equal, and if the court decides to depart from the “roughly equal” standard, it must give an explanation for its decision.

When distributing property, the courts take a number of things into account. Here some of the most typical factors we came across:

[1] The origin of the asset;

[2] The duration of the marriage;

[3] The needs of the children and the parties;

[4] The parties’ financial resources;

[5] Support with acquiring it;

[6] The reasons for the divorce

[7] Common principles of equity; and

[8] Any additional factors the court finds important.

The situations where courts most regularly deviate from the “roughly equal” model of property split are short-lived marriages without children, situations where there is a substantial amount of separate property, or situations where one partner is in greater need.

Courts are less likely to attempt to return the parties to their premarital status in longer-term marriages or those in which the parties have changed their positions in reliance on the marriage, such as by having children or foregoing career or educational advancement, and more likely to compensate one party for their sacrifice for the family.

Now, what really will matter is what ultimately becomes marital property as the marriage accumulates assets. It’s not the age of the couples, it is not how long they have stayed married. What will matter is whether by definition any asset that came in during marriage is a marital asset.

If it is a marital asset, you are entitled to half of it when the court equitably divides it. There’s no waiting period for your half. The half you rightly deserve and entitled to.

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Spousal support and child support are not synonymous. Spouses can bargain about spousal support. Paying child support is required. If my ex earns more money than I do, do I still have to pay child support? You can discuss proportion and sharing, but you cannot discuss not providing it or paying for it. Typically, child support is paid to the parent who has custody. 

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There may be instances where the parent with custody makes more money than the parent without custody. In this scenario, child support is determined using a formula based on the framework for calculating alimony. Whatever the situation, the court always ensures that someone will ultimately be responsible for paying child support.

Determining How Much To Pay For Child Support

The Supreme Court Administrator’s Office was mandated 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.

Although the document is officially known as the Michigan Child Support Formula, or MCSF, the term “guidelines” for child support is considerably more popular.

The federal guidelines are changed every four years, and the most recent update to Michigan’s child support formula was published by the State Court Administrative Office of Michigan last January 1, 2021. 

A committee meets regularly and makes recommendations to the Michigan Supreme Court, which issues the guidelines.

According to the guidelines, child support obligations include paying for a child’s basic requirements (base support is calculated), medical support, and child care costs.

The paying parent’s income, the payee parent’s income, and the number of overnights of parenting time are the three main variables in determining child support.

To prevent having to recalculate assistance each time the number of children (for how support is paid) increases, support provisions for numerous children must already include tiered levels for fewer children. When a support order is established for many children, each child’s portion of the obligation is equal to that child’s per capita share of the ordered amount, unless the order specifies a set amount for a particular kid.

The child support formula establishes the support commitments for both parents:

[1] Contributions for a child’s expenses from a paying parent will be established in a support order.

[2] A parent receiving the child support amount is presumed to contribute directly to a child’s support.

In summing up calculations, support amounts are to be rounded to the nearest whole dollar.

Daycare costs are distributed according to the parties’ respective incomes in accordance with the MCSF. Likewise, the court will only order the payer to pay for child care if it is required by the payee’s job or school schedule. 

The cost of extracurricular activities is also included in child support. But when the activities and costs are agreed upon by both parties, many parties typically split the cost of these expenses in addition to the amount of child support.

The cost of child care is typically included in the amount the payer pays through Michigan State Disbursement Unit or MiSDU, but it is also typical for the parties to pay their respective portions of the cost directly to the child care provider.

The days of mailing checks to and from the Friend of the Court are long gone thanks to the simplicity and accessibility of internet banking. Child support must be handled by a statewide system in accordance with federal law. Michigan as a result established the Michigan State Disbursement Unit or MiSDU.

Modifying Child Support

Child support is a court-ordered payment made by a parent to assist with the expense of raising a child. Until a child turns 18, or in some circumstances, until the child turns 19 and a half years old, the judge may enter an order to begin or modify child support. 

By filing a motion in your ongoing family court case, you can request to start paying child support. You can launch a case on your own or request for child support services to initiate one if you don’t already have a family court case. A child support order can be modified in a number of ways.

There are two ways that child support in Michigan can be modified. 

First, every three years, each parent has the right to request the Friend of the Court look into the amount of child support. 

Second, if there has been a material change in circumstances, a parent may ask the court to alter child support. A 10% shift in income is considered a significant change in circumstances under the child support rules.

A parent may request a revision if they consider the other parent’s income has increased by 10% or has decreased by 10%. It’s crucial to keep in mind that the court cannot retrospectively modify child support.

Only from the date the motion is submitted to the court can the judge alter child support. Therefore, it is crucial that they submit a motion right away if one of the parents loses their employment. It is upsetting to witness someone accrue a sizable arrearage merely because they put off contacting the court for a very long period.

The level of support could increase or decrease depending on the new order. To determine the amount of support, the judge will apply the MCSF. 

If the parents agree on a child support amount, the judge may take that into consideration but is not required to do so. The Uniform Child Support Order Deviation Addendum must be completed if you have agreed to child support in an amount that deviates from the formula. Together with your Uniform Child Support Order, file this form.

Legally, both parents are obligated to support their children financially. By consenting to relinquish parenting time (visitation) or to having their parental rights terminated, a parent cannot get out of paying child support. 

When a parent’s parental rights have been terminated, they may still be required to pay child support. You cannot impose parenting time restrictions as a means of enforcing child support obligations if the other parent owes you money.

Who Gets To Pay Child Support

You might be concerned about continuing to make child support payments after the court grants joint custody. Both yes and no, is the answer. Your obligation to pay child support is based on a number of variables, such as your income, how much time each parent spends with the kids, and the expense of raising the kids.

Child support is typically paid by the non-custodial parent to offset some of the expenses associated with raising the child. These costs might include lodging, clothing, and food. Furthermore, child support includes costs for things like healthcare, transportation, and education.

These costs must be split between the parents if they have joint custody. This indicates that both parents share in the cost of raising their children. Even if you earn more than the other parent or have much fewer expenses, this does not necessarily mean you will not be forced to pay child support.

You are obligated to pay child support if your child lives with you less than half the time. In general, a parent is not obligated to pay child support if their child lives with them more than half the time.

Child support calculations will examine each parent’s income in a 50/50 custody arrangement to determine who will be responsible for paying child support and how much they will pay.

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The mother can voice her disapproval of the father. She may declare that the father should not be present. Can a mother prevent a father from seeing his children now? You may always say that you don’t want the father to have access, but it’s another thing entirely to really do it. When you refuse access, you have just disobeyed a court-issued parenting order. There will be repercussions.

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The judge will question you over your refusal to grant access in blatant defiance of a valid court order. The court has the right to impose contempt sanctions on you. It is possible to create plans for make-up time. Even your own parenting time may be forfeited. In accordance with a court ruling, a mother cannot refuse a father’s visitation rights.

Let’s Talk About Custody First

Judges have the authority to impose various custody plans. As long as the judge feels the agreement is in the child’s best interests, the judge can sign the court order for the custody arrangement if the parents agree to it. The descriptions of different custody agreements we’ll mention here.

Sole custody.

The term “sole custody” is not exactly defined by statute. The Michigan Custody Guideline defines sole custody as the allocation of both primary physical custody and main legal custody to one parent. In cases of physical custody, one parent is responsible for the majority of the child’s daily care. When one parent is in charge of making all significant choices for the child’s upbringing, this is known as legal custody (such as medical treatment, school enrollment, religious instruction, and participation in extracurricular activities).

Sole custody is typically granted to one parent if the judge feels the parents cannot collaborate for the sake of the child. The court may decide to grant parenting time to the other parent. When parenting time is granted, the non-custodial parent is in charge of making daily and emergency decisions for the child.

Joint custody.

The court must take into account granting shared custody when either parent requests it. Unless the court finds that joint custody is not in the child’s best interests, the court must grant joint custody if the parents agree to it. Judges are required to give reasons for their decisions, whether they are to accept or deny the request.

Courts can take joint custody into consideration even without the parent’s request. When deciding on joint custody, judges must also consider whether the parents will be able to collaborate  and have general agreement on significant issues affecting the welfare of the child. Joint legal custody, joint physical custody, or a combination of joint legal and joint physical custody are all permitted under the statute’s definition of joint custody.

About Parenting Time

When parents do not share a residence, the time a child spends with each parent is referred to as parenting time in Michigan. When one party is given primary physical custody, that parent frequently gets a lot of parenting time while the other parent gets less. Equal parenting time may not always accompany shared physical custody, but it generally does or comes close to it.

Child custody and visitation privileges are only available to married couples. A person is legally considered to be a parent the moment they give birth to a child. In the state of Michigan, you are the child’s other legal parent if you are married to the parent who gives birth. Despite the fact that you are not the child’s biological father, this is still true.

Children generally have the right to live near to both of their parents. Unless the judge decides there is strong and persuasive evidence that it would be a hazard to the child’s bodily, mental, or emotional wellbeing, they are entitled to parenting time.

A parent may be given supervised parenting time or no parenting time at all if the judge finds that they are a danger to the child.

Denying Access Is Defying A Court Order

As a parent, you ought to understand the necessity and importance of keeping the bond between you and your children. This is the reason custody is shared and parenting time is designed to provide the best opportunity to be with your children almost on equal terms.

Having full or even physical custody already provides you as a parent more parenting time. It provides you a greater opportunity to engage with your children, probably better than the non-custodial parent.

You don’t like the father, because you have custody, you want to rub this in by denying your ex access to the children. You want to have the satisfaction of seeing him endure the separation from kids.

The problem with that is this: You are also separating your children from their father. They too will suffer in that separation.

A while back we wrote about denying parenting time. The article was entitled, “How Can I Deny Parenting Time In Michigan”. You can read that article in our Legal Blog here.

In that article we pointed out the need for stability in the children’s environment. Sharing time between both parents offers that stability. We do understand there are some hurt in ending a marriage, and hostility might be the only thing linking the parents.

It is not surprising therefore that denying access to children is a way to get even with the perceived offending father of the children.

Here’s the thing to remember, the parenting time both of you supposedly should enjoy is an opportunity created by a court order. It’s a court order. Defying a court order by denying the father access to the kids carry certain penalties and consequences.

Let’s go over them again:

Contempt of Court

The first consequence might be for the denying parent to be held in contempt of court. This implies that the parent who refuses could be subject to a fine or even jail time. The parent who refuses might also be expected to make up missed parenting time.

Loss of Child Custody

The parent who was denied custody may really lose it, which is the second consequence. The court might infer that the parent who is denying cannot prioritize the needs of the child.

Payment of Attorney Fees

The parent who declines custody can also be liable for the court fees and legal expenses. It’s not a good idea to deny time to parents. It might have unfavorable outcomes financially.

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The length of the marriage, the discrepancy in income, and the discretionary income all enter into the calculation of alimony. The calculation for alimony does not take gender into account. A man may receive alimony. Yes, that is the case in Michigan. If your marriage has lasted at least 25 to 30 years, you may discuss alimony. In a lengthy marriage as opposed to a brief one, the court is more inclined to consider alimony.

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If a marriage lasts under 20 years, the court might not be willing to provide alimony. It is possible for the husband to receive alimony if the woman earns more money than he does. A certain standard of living for both couples is maintained by doing this. The viability of alimony may be compromised if the marriage earned a high income but also racked up a significant amount of debt. There is no doubt that gender is unrelated to alimony. Michigan allows men to get alimony.

Years ago, this was not so. Alimony was one sided. There wasn’t even divorce then when it all started. What they had was just separation.

Let’s Talk About Divorce

Definition of the term is necessary before exploring the complete history of divorce. 

The Latin term “divortium,” which implies separation, is where the word “divorce” originates. The words “divort” and “divortere,” which mean to turn to different paths, are also comparable to it. Divertere can also imply to turn away from, split from, or leave one’s husband. In the latter half of the 14th century, the word first appeared in French lexicon, and between 1350 and 400, it first appeared in Middle English.

Divorce is only accepted in today’s modern culture if it is lawful and sanctioned by the law. During the time of King Hammurabi of Babylon in 1760 B.C., the earliest known codified divorce legislation may be found. The law on divorce is among the 282 laws that the King is said to have inscribed on stone tablets. 

A man may divorce his wife during that time by only saying, “You are not my wife,” and then paying a fine and returning the wife’s dowry. However, if the woman sought a divorce, she had to file a complaint in order to do so.

Around the world, support for divorce had started to grow, and more nations started to push for its approval and legalization. France introduced divorce in 1762, but made it illegal in 1816. Germany legalized divorce in 1875. Ireland legalized divorce in 1997. Italy legalized divorce in 1974. Spain legalized divorce in 1981.

The history of divorce in the US began in the state of Maryland. South Carolina and Maryland made divorce lawful in 1701 and 1949 to 1950, respectively, while California allowed “no-fault” divorce in 1970. Although divorce has been documented in Pennsylvania as early as 1682, divorce records have been kept since 1804 at the Prothonotary’s Office in the county where the divorce was granted.

In the past, the requesting party was always required to establish fault under divorce rules up to the late 1960s in order for the divorce to be granted. That meant that a person could not just decide to end their marriage with their spouse because they were dissatisfied. Instead, they had to provide evidence their husband had broken the law. Bigamy (in some states), adultery, abandonment, excessive cruelty or abuse, and an inability to perform in the bedroom were among the grounds for granting a divorce.

Because neither spouse committed any heinous wrongdoing, hundreds upon thousands of couples were forced to remain in unhappy marriages as a result of these at-fault laws. Growing apart was not an option, period.

However, when California’s Family Law Act was made official in 1969 by then-governor Ronald Reagan, things started to stir and shift. Couples divorcing in California could now do so without pointing fingers at one another and instead use the grounds of irreconcilable differences. Irreconcilable differences soon became the standard for divorce in the United States after other states immediately copied their example.

The no-fault divorce transformed divorce in the United States. Many states established courts to handle divorce and other family law issues specifically as a result of the rise in divorces. Efficiency improvements helped courts give priority to urgent cases and expedite the processing of divorce cases. The groundwork was laid for the next significant advancement in the divorce process.

Alimony, Once Upon A Time…

Alimony had been part of men’s laws even before the constitution of the United States.

The Code of Hammurabi is where the history of alimony in the US begins. This prehistoric Babylonian legislation established guidelines for marriage and divorce. It was decided that in the event of a divorce, the husband would have to return the dowry, grant his ex-wife custody of the children, and offer her a monthly allowance for herself and the children.

In cases when there are no children, the husband must still give the wife her “bride price” equivalent and return the dowry. A bride price was the sum of money or other assets given to a woman’s parents in exchange for their consent for her to get married.

Divorce and alimony concepts changed over time. Couples could not divorce during the era of the ecclesiastical courts of the Church of England. Instead, they might be formally legally separated. Husbands who were legally separated from their wives had to pay alimony to their spouses even though the couple was still lawfully married. British colonists took their idea of alimony to America with them.

Following the Revolutionary War, the United States developed its own divorce laws using British law as a model. For a substantial portion of US history, divorce was fault-based. A person had to be at fault for the marriage to dissolve, and there had to be evidence of it.

Divorce law and women’s rights underwent a lot of development in the latter half of the 20th century. Women started getting jobs just like men and are now contributing to the household income. California first legalized “no-fault” divorce in 1970, facilitating the legal separation of incompatible partners.

A Supreme Court ruled last March 5, 1979, awarding alimony amounting to $1,600 a month to Henry Durand Irwin for life from his wife of 26 years, former Elizabeth Philips.

Mr. Irwin’s former wife is the granddaughter of Frank Phillips, who founded the Phillips Petroleum Company in 1917. Frank Philips built the company into a $350 million oil empire until his death in 1950.

Since the U.S. Supreme Court invalidated every state statute forbidding the payment of alimony to males, Mr. Irwin became the first man in the state of New York to get a significant alimony award.

Alimony, The Present Day…

States started to ignore gender when deciding how much alimony to pay divorced people. Former husbands are now being awarded alimony payments.

In today’s marriages, women are becoming the primary provider. And more of them are finding themselves responsible for paying spousal support and even child support upon divorce. The playing field has been leveled for both genders as a result of this evolution.

As a condition of divorce, a person may be given alimony or spousal support if the judge deems it acceptable. Sometimes people make the false assumption the spouse who makes less money automatically receives alimony, but in Michigan, this is not the case. Spousal support must now be calculated on a case-by-case basis, according to the Michigan Court of Appeals, which has done away with the use of a formula used by lower courts.

The purpose of spousal support is to provide a spouse making less money than their partner with financial security. When deciding alimony, judges take into account a variety of variables, including the conduct of the parties while they were still married, their respective employment histories, and more.

One spouse must be in need of money and the other must be able to pay it in order for alimony to be awarded. The judge will also consider the standard of living that was established for both partners during the marriage, its length, both partners’ potential earnings after the divorce, and the length of time the dependent partner will need to finish school or obtain a job-related qualification in order to maintain their standard of living. 

The estates and possessions of both partners will also be taken into consideration when determining each spouse’s need and financial capacity.

Men and women now have equal rights to spousal support following a divorce under the 1979 Supreme Court ruling, but only while they are working toward self-sufficiency. Few men ask for alimony; instead, if the woman is much wealthier, most choose a one-time payment from her.

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Will I have to pay extra alimony and child support in a high asset divorce if I have a multi-million dollar asset, such as my house? You must distinguish between assets and income in Michigan. Most frequently, a mortgage was used to buy your home. Therefore, until the debt is fully paid, the asset is not really yours. It indicates that you are continuing making payments on a loan. It’s possible that your asset isn’t actually making money.

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Alimony and child support payments will be more influenced by income. This is the regular stream of money that comes in as a result of a job or a business. When alimony and child support are up for negotiation, this is what you will be covering.

The Truth About Child Support Is A Formula

Child and spousal support divide earnings and income after the ties of matrimony have been severed, unlike property division, which divides between the spouses the marital assets and liabilities that the parties have accumulated up to the date of the divorce. Each of the basic categories of assistance includes a wide range of subcategories, types, and restrictions, and some support arrangements can be very complicated in terms of how they are created, how they are structured, how long they last, how much they cost, and how they affect taxes.

Child support is a sum of money paid for a child as per a circuit court order. Paying for child care, education, and other costs of support may also include covering medical, dental, and other health care costs.

Michigan courts use a manual for calculating child support referred to officially as the Michigan Child Support Formula Manual or referred to as MCSF.

In the manual, it indicates child support obligation includes payment for the general care and needs of a child (base support calculated), medical support, and child care expenses.

Support provisions for multiple children must already include tiered amounts for fewer children to avoid recalculating support each time the number of children (for how support is paid) changes. Each child’s share of the support obligation is equal to that child’s per capita share of the ordered amount when a support order is made for multiple children, unless the order specifies a fixed amount for a specific child.

The child support formula establishes the support commitments for both parents:

[1] Contributions for a child’s expenses from a paying parent will be established in a support order.

[2] A parent receiving the child support amount is presumed to contribute directly to a child’s support.

In summing up calculations, support amounts are to be rounded to the nearest whole dollar.

The Truth About Spousal Support Is Specific To The Case

After a divorce, a court may order one spouse to pay the other alimony, sometimes referred to as spousal support. State-by-state alimony rules differ significantly, and courts frequently use considerable discretion when deciding whether to provide alimony, how much alimony to grant, and how long alimony payments will last.

In order for alimony to be granted, one spouse must be in need of money and the other must be able to afford it. The judge will also take into account the standard of living that was established for both partners over the course of the union, its duration, both partners’ post-divorce earning potential, and the amount of time the dependent partner will need to complete education or training in order to be able to secure a job that will allow them to maintain their standard of living. To assess each spouse’s need and financial capacity, the estates and possessions of both partners will also be taken into account.

The quantity and consideration of spousal support also take into account the custody of any children and any child support obligations between the parties to the divorce. It would have a significant impact on the case for the custodian of the child or children to receive alimony if they are unable to support themselves because the child or children are too young or have conditions making it difficult for them to do so, such as if the spouse must stay at home to care for the child.

If the two parties are unable to come to an agreement, alimony will ultimately be decided upon by the judge and court handling the case. There are several types of spousal support of which some are no longer becoming popular choices.

Temporary spousal support.

The court has the authority to provide temporary spousal support in cases when one spouse is unable to support themselves while a divorce is in progress. The court will only impose this kind of support if it is judged essential, but either party may request it. The term “status quo” can also be used to describe this kind of support. For instance, if your spouse has consistently paid your house’s rent and utilities, they would continue to do so.

Also, a judge may impose status quo plus an additional sum if there is a large economic gap between the spouses.

Periodic spousal support.

Periodic Spousal Support is the most typical type of alimony in Michigan. A court has the flexibility to order this for either a brief period of time or a lengthy period of time. This frequently occurs when a judge determines that a spouse has the potential to become self-sufficient, however gradually. One spouse might receive short-term (or rehabilitative) support, for instance, if they quit their jobs to care for the kids full-time. This support would last until they found meaningful employment.

Permanent spousal support.

Permanent Spousal Support is one kind of alimony that is waning in usage. When one spouse is deemed unable to support themselves, maybe because of age, health, or disability, this may be ordered. It’s possible that this arrangement might be mandated in the event that an old couple filed for divorce.

The Lump Sum Spousal Support option is one of the least popular types of alimony. Typically, a property order is made for this (such as a house). In most cases, a judge would only do this if the spouse who was being ordered to pay could afford this kind of arrangement. The advantage of this is that there are no weekly or biweekly commitments to fulfill.

Spousal support is frequently, though not always, given with pre-tax funds, making the receiver taxed and the payer deductible, as opposed to child support, which is paid with post-tax funds and is not taxed to the recipient.

In Michigan, alimony payments aren’t decided on the basis of a prescribed list of considerations.

Alimony payments are determined by taking into account marital fault. In other words, infidelity/adultery, abuse, and other “at-fault” divorces may result in the at-fault party paying higher “punitive” alimony.

It is important to note that standard of living is taken into account while calculating alimony payments. This means when deciding on an appropriate alimony payment amount, a judge will take the lifestyle led by the spouse receiving alimony during the marriage into account.

The judge takes into account the custody status while determining alimony payments. This means custodial spouses may get higher alimony payments.

The Michigan family court judge overseeing the case will typically calculate alimony on a case-by-case basis. Although some states have a set method for calculating alimony, the court will typically have the final say in how much and for how long (if alimony is awarded).

In The End The Children Wins

The Friend of the Court Bureau created a formula guideline for calculating child support obligation amounts as part of its duties. The use of this formula by the courts when establishing or altering child support obligations is mandated by law.

Periodically, the child support formula is examined, modified, and its numbers are updated to reflect changes in the economy. The bureau publishes a new Michigan Child Support Formula Manual as soon as these modifications take effect. The Michigan regulations are composed of the manual and any applicable schedules or supplements.

Unlike child support defined in MCSF, spousal support doesn’t have such a detailed guide for computing alimony.

All income less the deductions and adjustments allowed by the MCSF handbook is referred to in the manual as income. The “net income” of a parent used to determine support is different from the parent’s take-home pay, net taxable income, or other terminology used to characterize income for other purposes.

Regardless of the net worth of the marriage, support for alimony and child will be based on income and not on the value of the assets. The court will always find a way to ensure someone is paying for child support. 

The children always win.            

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Hollywood divorces are typically high asset divorces, and prenuptial agreements between married celebrities are frequently mentioned. What effect does a prenup have in a divorce with significant assets? Contrary to other jurisdictions, the courts in Michigan do not view a prenuptial agreement as being set in stone.

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The courts in Michigan have the authority to impose a decision that is fair to both parties and go beyond the prenuptial agreement’s letter. You must also be aware that in high asset divorces, there may be many assets but little money to divide. The final decision about a fair asset distribution during property split rests with the court.

Just recently we wrote about “What Is Considered A High Asset Divorce In Michigan?” in our Legal Blog here. We talk about what is a high asset divorce and the crazy things you shouldn’t do if you ever get into one. Part of the topic in that article was about prenuptial agreements or what we refer to here in Michigan as an antenuptial agreement.

The Practical Truths About Prenuptial Agreements

Prenuptial agreements are a term that most people are familiar with. The phrase is frequently used to refer to a written agreement made between two individuals before getting hitched. Theoretically, this agreement safeguards a person’s assets in the event of a divorce. This document is officially referred to as an antenuptial agreement in the State of Michigan.

An antenuptial agreement is a written contract between two people who are getting married that specifies how future earnings will be treated, who will govern each other’s property, and how assets might be divided if the marriage ends in divorce. In other words, even if the marriage doesn’t work out, the agreement offers each side a degree of certainty.

Antenuptial agreements, according to the State of Michigan, are legitimate as long as they are in writing and signed by the authorized party who will be held responsible for them. In essence, this means a court will not recognize an oral agreement.

Prenuptial agreements can be used to specify how assets will be handled in the event of divorce if you enter into the marriage with more assets than your prospective spouse, such as a home or a collection of investment accounts. 

If you or your prospective spouse have a sizable amount of premarital debt, you might consider using a premarital agreement to allocate responsibility for that debt. If you make significantly more money than your intended spouse, you might think about utilizing a prenuptial agreement to set a cap on the amount of spousal support you may be required to pay in the event of a divorce.

A prenuptial or antenuptial agreement must be in writing to be valid.

These agreements are fairly typical if one or both of the parties have significant assets, children from a previous marriage, potential inheritances, high incomes, a family business to protect, a desire to avoid future litigation’s high cost, or if one spouse had a previous marriage that was perceived to have ended unfairly.

The most important item to safeguard in a prenup agreement is typically property.

The particular separate property that will be safeguarded by the agreement must be defined in the contract. The property owned prior to the marriage may be protected, as well as the value and income generated by the property during the marriage. Clients also want to safeguard gifts and potential inheritances.

The agreement may also address spousal support and establish the amount to be paid or state that one party is not eligible for spousal support. Making sure the agreement contains specific wording declaring spousal support cannot be changed is also crucial.

It’s crucial to remember that prenuptial agreements cannot include clauses restricting or specifying how much child support would be paid.

It is your obligation to fully disclose and account for all of your assets. These marital assets or resources, could be a or a combination of any, but not limited to the following:

[1] Assets listed along with their values

[2] Income source and amount

[3] Liabilities

[4] Previous responsibilities and rights related to child support

[5] Alimony or other duties to a former spouse financially

[6] Background in education of each party

[7] Status of each party’s employment

[8] Age and quality of each party’s health

The Sad Truths About High Asset Divorces

There’s a very common misconception about high asset divorces. People may think we are referring to a group of wealthy married couples.

A marriage may have so much assets but may not actually be liquid, meaning the marriage may actually be low in cash because of a large set of debts. They may have millions worth of properties but may not have cash to spend for maintenance or even repair. 

Some people will go to any lengths to avoid discussing the value of their assets after divorce and will start looking for ways to hide them. For instance, people may provide money or property to family members or conceal it in more cunning ways.

Since these attempts to hide assets are commonly discovered, the judge will view you in a less favorable light. For instance, in Michigan, you could forfeit 100% of your assets if it becomes discovered during the divorce process that you have hidden assets from your spouse.

A couple can take specific steps to safeguard their wealth before a final decision is made, even though Michigan courts will carefully evaluate high asset divorce cases to guarantee a fair settlement.

In high asset divorces, there are some things that should never be done. For instance, making changes to an account’s beneficiary information or spending a lot of money hastily might not be a good idea. Maintain regular transaction levels to make the process much simpler to navigate.

Reaching a property settlement agreement can expedite the divorce process and give the spouses a say in how their assets and debts are shared, especially in high asset divorces. Even in cases of high net worth divorce, the spouses frequently own assets that are more valuable emotionally than they are financially. 

In certain situations, a property settlement agreement could let the couple participate in determining what assets they would each keep after the divorce.

When Prenuptial Agreements Don’t Turn Out As Expected

Did you know that prenuptial agreements were not legal in Michigan before 1991? 

It was believed these agreements encouraged divorce. 

One extremely important fact about prenuptial agreements the general public needs to be aware of. In Michigan, prenuptial agreements aren’t really set in stone. In Michigan, the courts always make an effort to issue rulings consistent with what the parties want.

The court will always fairly apply its judgment when determining whether a prenuptial agreement is valid. In some circumstances, a judge may find an entirely lawful prenuptial agreement to be unfair. Consequently, it is permitted to enter the property covered by the prenuptial agreement.

The court may decide to reject the agreement if the circumstances have changed to the point that it would be unfair to enforce it. Just because the agreement gives one spouse a much bigger share of the marital estate does not make it unenforceable.

To prevent an unfair outcome, the courts have always had the authority to pierce prenuptial agreements. When creating a prenuptial agreement, how can we reasonably predict what will be deemed unfair by a judge (whom we cannot choose) a few years (and asset changes) down the road? 

The answer to this question has never been certain, but cautious lawyers and parties will adopt measures to make prenuptial agreements seem more equitable.

One measure worth mentioning is having a prenuptial agreement signed well in advance of the wedding, both parties should have independent legal representation, and if the couples’ wealth is significantly different, the agreement may incorporate a progressive property settlement schedule based on the length of the marriage.

The establishment of irrevocable trusts, such as Michigan’s new Domestic Asset Protection Trust, which can be used by either party to provide greater asset protection for separate assets, is another measure to assure the protection of separate property before a marriage.

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The Malicious Mother Syndrome: What Is It? This description may not be accurate in Michigan. Both mothers and fathers are capable of such activities, despite the term “malicious mother syndrome” being more frequently used. The term “malicious parent syndrome” describes the harsh and occasionally violent methods one parent may employ to discipline the other parent. One parent begins by disparaging the other without realizing that these actions are harmful to the children.

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Children are genetically and physically representations of both parents, but parents are unaware of or lack the appreciation for this. Children are always the target of criticism when it comes to the other parent. Parents should refrain from this. Unfortunately, slander might turn into something else. A divorced or divorcing parent may frequently go to great lengths, injuring or denying their children, in an effort to make the other parent look bad.

A Parental Syndrome Driven By Malice

Divorce and custody disputes are frequently difficult, high-stress situations often leading to extreme behavior on the part of the parties involved. 

The term “malicious parent syndrome” was first proposed by psychologist Ira Turkat to describe a pattern of abnormal behavior during divorce. Some cases have resulted in situations linked to this syndrome, which was formerly known as “malicious mother syndrome” but is now more commonly known as “malicious parent syndrome.”

It’s vital to highlight that the medical community does not now classify malicious parent or malicious mother syndrome as a mental condition. Instead, the condition defines a kind of behavior that has shown up in some legal disputes, which has prompted its supporters to ask for more investigation and inquiry.

It is now understood both the mother or the father could display symptoms of malicious parent syndrome.

What Malicious Thing Is This!

Malicious parent syndrome has four key characteristics, which are as follows:

[1] Attempting to distance the children from the other parent to the point that the parent displaying symptoms of the illness would try to have the child separated from the other parent through the courts.

To rebuke the other parent, one parent may refuse to give the kids to them. Most parents may fear the other parent will act in this way and refuse to take the chance they won’t get their kids back. They will therefore withdraw their kids and act in the very manner they are trying to avoid. When an existing order has been broken or when a parent wants to request some conservatorship orders be put in place, this frequently results in court involvement.

[2] Making an effort to deny the other parent access to the child, visitation rights, and communication rights, as well as keeping them out of the child’s extracurricular and academic activities.

A parent who suffers from malicious parent syndrome could refuse the other parent access to and contact with the children. There are several real causes that could prevent parental visitation. For instance, some parents may refuse visitation unless the other parent also pays child support. There is no legal duty for one parent to pay child support in the absence of a court judgment mandating it.

The primary parent could not deny the other parent possession of the child or access to the child, even if such an order necessitated the paying of child support. The opposite is also true: If a parent is expected to pay child support but is being denied a kid’s residency or entrance, that does not excuse them from doing so.

[3] Lying to children and others, as well as committing crimes.

Denying contact and visitation may cause a parent to start lying to their kids about the other parent’s absence when they are questioned about it. If a child is older than 12 years old, this manipulation may be likely to influence who they choose to stay with and may influence the judge’s decision. It might also be an effort to present that parent in the most favorable possible light for the judge.

[4] Committing these crimes even without having a mental illness would lead to such behavior in the spiteful parent.

Malicious parent syndrome is a term used to describe a pattern of actions a parent may do during a divorce case; it is not a recognized mental illness. Malicious parent syndrome is frequently used to describe a parent’s behavior when there are no underlying disorders to explain it.

The Powerful and Malevolent Impact of Malicious Parent Syndrome

The actions that a malevolent parent conducts are frequently illegal or criminal in nature. When one parent strikes the other or causes damage to their property, this is true. Parents who intentionally harm a kid or children, such as by depriving them of food, money, or other necessities, in an effort to harm the other parent, may face charges of child abuse. A parent who intentionally lies while being sworn in may also be prosecuted with perjury.

Both the damaged parent and their relationship with the child may be greatly strained when one parent goes out of their way to harm the other. In some situations, a parent who has been the target of abusive behavior by their ex-spouse may choose to distance themselves from their child’s life in order to prevent more conflict. A manipulative parent could also be successful in making their child dislike and want to spend less time with the other parent.

Numerous actions linked to malevolent parent syndrome may be illegal and violate both civil and criminal laws.

Some behaviors associated with the malicious parent syndrome are clearly illegal in nature, such as harming the other parent or causing damage to their property. To hurt the other parent’s reputation, depriving kids of food or money could be considered child abuse, which is illegal under both family and criminal law. Similar to lying under oath, a malicious parent could be prosecuted with perjury if they do so.

There may be further instances of civil law violations connected to this pattern of behavior. For instance, violating a parent’s legally mandated visitation rights may be punished with penalties, court-mandated counseling, and modifications to the parent’s custody and visitation schedules. Defamation can occur when one parent lies about the other parent’s actions in a way that damages the other parent’s reputation and causes actual harm.

Parental malfeasance can also affect parenting schedules and custody agreements. Any action to obtain or modify custody may take into account a parent’s involvement in any alienating, harsh, or unlawful behavior.

A parent can safeguard oneself from this syndrome in a number of ways. For instance, if there are already court orders in place, one parent may bring an enforcement action against the other parent to compel the other parent to follow the ruling. 

Most of the time, this lawsuit will ask for compensation for the costs of the attorney and any other expenses incurred as a result of the other parent’s alienating actions. By doing this, it is certain that the parent who engaged in malevolent parenting will pay the price rather than the innocent parent.

Getting professionals engaged in the issue as soon as possible is another method of preventing parental alienation resulting from the behavior of a malicious parent . Psychologists are some examples of professionals you could wish to work with. These psychologists have received training in identifying and addressing alienation.

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