Are you the payer of child and/or spousal support and wish your payment(s) were less and lower? Thinking about quitting or reducing your employment/working hours and that will do the trick? Not so quick. In Michigan, there is a legal principle called the imputation of income. Obviously, the Courts cannot force someone to physically go to work and make money. That said, the Court can calculate your income to an amount it believes is fair, reasonable and/or justified. For example, you make $100,000.00 per year and quit your job. If you go to Court saying I cannot pay support, the Court will say, “Too bad, if you don’t want to work at that job, thats on you, but, you don’t get to quit, not work and have an income of $0.” Similarly, if you elect to work less than you can/should, the court can impute you at a higher income for support calculation purposes. What does all of this mean? If you want to attempt to lower your support payments, speak with a family lawyer about (1) negotiating directly with your spouse or (2) assessing the filing and success of a Motion to Modify Support before the Court and the Friend of the Court. If you have any questions on this or any other divorce issue, please contact us today.
The prospect and notion of grandparenting time has become a hot-topic in the realm of family law in recent years. What rights do grandparents have to time with their grandchildren? Well, in Michigan, it really depends. In certain situations (i.e. a pending or entered divorce, the death of a parent/child and/or parents who are married and do not live together), then grandparents have more defined rights. If there is merely a dispute between parent and grandparent, grandparents have a major up-hill battle to climb. For more information on this or any other family law/divorce topic, please contact us.
If you have any questions about mediation, particular mediators, or, are interested in Max representing you at your upcoming mediation, please contact us here.
Emmer Law PLC was featured in Downtown News Magazine in Birmingham and Bloomfield Hills, Michigan in its September 2021 issue. Emmer Law PLC and Max S. Emmer strive to provide clients with thoughtful, reasonable and efficient representation and counsel throughout Southeastern Michigan. Moreover, Max S. Emmer believes in educating both clients and the community in the many different options and opportunities available family law and divorce. If you have any questions, or, wish to schedule a consultation with Max, please contact us today.