The Divorce Attorney Journal

This video covers the main factors that come into play when a Michigan court is determining the amount of spousal support to be paid in a divorce case, which party will be responsible for the payments, and, most importantly, if support will be paid at all. Remember – spousal support is subjective. There is no right or wrong answer. But there are plenty of ingredients that go into making the final decision.

The length of the marriage, the ability of one or both parties to work, the age of both parties, state of health, standard of living, and fault are all considered important components in the matter of spousal support.  Macomb County lawyer Jacob Femminineo goes into detail about each of these elements and discusses their relevancy in divorce proceedings.

In today’s society, the majority of families have shifted from the “traditional” man goes to work and woman stays home to dual-income households. When these “modern” couples file for divorce, it’s only natural to expect that the ways and means surrounding child custody have changed with the times as well. Enter: joint custody.

Divorcing couples have made a push for joint custody rather than agreeing to one party having sole physical custody and the other having reasonable parenting time. There are caveats, however, to every arrangement. Jacob Femminineo, a lawyer in Macomb County, Michigan, explains in this video what joint custody really means, what’s involved in determining joint custody, and how parents can get creative about making their new family units work.

A separate maintenance agreement does exist in the state of Michigan, but it has a somewhat tricky definition. Not to be mistaken for a separation agreement or a legal separation, a separate maintenance agreement essentially means that a couple is getting a divorce… but they’re not really divorced.

Confusing, right? There are various reasons why couples select a separate maintenance agreement rather than legally getting a full divorce – it can often involve matters of health care or religion. But there are also some snags that couples can encounter when trying to benefit from a marriage union through a separate maintenance agreement. Allow Jacob Femminineo, a Macomb County attorney, explain how a divorce can take place in a separate maintenance agreement, but still leave a couple with a married status.

There is one phrase that divorce attorneys often hear from their clients: “I want a legal separation from my spouse.” Here’s the reality – there is no such thing as a legal separation in the state of Michigan. A married couple either lives together or, if they no longer want to be a pair, they choose to live apart – but there is no legal separation. Once the divorce process begins, legal documents and interim orders will come into play telling both parties where they (and their children, as the case may be) will take up residence. Once a divorce is in motion, even then there is no legal separation that occurs.

In this video, Macomb County lawyer Jacob Femminineo explains the reasons why legal separations don’t exist in Michigan and goes into detail about the differences between separation and abandonment.

Motions can be brought before the court to deal with any and all issues surrounding a divorce, from child custody to child support, parenting time to bill payment. Essentially, if two parties can’t come to an agreement on a major issue, they can file a motion asking the court to decide for them. This can happen during the divorce process and after the divorce has been finalized.

In this video, divorce attorney Jacob Femminineo talks about the jurisdiction of the judge in a divorce case and why this is important to understand when it comes to motions. He also spends some time on what happens with motions specifically in Macomb County.

Fast fact: Motions are the busiest days in court. Watch this video to find out the best days to file your motion in Macomb County, Oakland County, or Wayne County.

There are some divorcing couples who prefer to opt out of the Friend of the Court in Michigan when it comes to child support and income withholding. They feel that, no matter their differences in the marriage, they can get along for the sake of the kids and exchange monies as agreed upon – in cases like this, opting out makes sense. However, there are plenty of scenarios when opting out doesn’t make sense, and it’s a choice that Femminineo Attorneys, PLLC will never recommend to any client, no matter how amicable the divorce may seem to be.

The bottom line is this: Financial situations can change. Watch this video featuring divorce lawyer Jacob Femminineo to find out why opting out of Friend of the Court can go so very wrong. And why it’s beneficial – and just plain smart – to take advantage of this free service.

There are two big questions surrounding spousal support: How much do I have to pay? And how long do I have to pay it? If you have a good divorce attorney, they will argue and negotiate for you to get an equal and fair settlement. However, there are plenty of factors that can come into play to change these numbers – which leads to one of the biggest choices you will make surrounding spousal support: modification.

In this video, Macomb County divorce lawyer Jacob Femminineo explains the difference between a modifiable spousal support arrangement (it can change) and a non-modifiable arrangement (it is set in stone no matter what happens). There are dangers in both choices that must be taken into consideration when considering the final judgment in a divorce. Find out what they are.

The questions surrounding spousal support are not always easy to answer. Parties who are divorcing want to know when they have to pay spousal support, for how long, how much it’s going to be, and so on, but there are a lot of ingredients in the spousal support recipe. While child support is calculated through an objective formula, spousal support is a completely subjective matter.

There are a great number of factors that surround the determination of spousal support (also known as alimony), but the one thing that remains constant is that there is no right or wrong answer. It may feel like there’s a difference between what’s right and what’s wrong to the parties involved, but a judge will make his or her determination based on what they think is appropriate for the situation. Divorce lawyer Jacob Femminineo talks more about the subjectivity of spousal support in this video and how each divorce case can be affected differently.

In the state of Michigan, in a divorce case involving child support, it is required by law that an income withholding order go into effect and be entered into the final judgment of a divorce. The employer of the party who will be paying child support is ordered to deduct the determined amount from the party’s paycheck and send it to the Michigan State Disbursement Unit (MiSDU).

While it may sound like a hassle, MiSDU actually makes life easier for the divorcing parties. They disburse child support payments to the other party, they track payments that are in arrears, and so on. Watch this video featuring divorce lawyer Jacob Femminineo as he addresses common financial concerns that arise when it comes to child support, income withholding, and the duties of MiSDU.

Anyone who is divorced with children in the state of Michigan is well-acquainted with child support. There is one important facet with this area of the law, however, that often results in some confusion: child support modification.

The first thing to know is that child support modification cannot happen independently of the courtroom. The judge who is assigned to a divorce case when the divorce papers are filed has jurisdiction on all issues thereafter involving custody, parenting time, and, yes, child support… at least until the child turns 19.5 years old or graduates from high school, whichever comes first. That judge will make the decision about when, or if, any modification to child support can occur.

So when can the amount of child support be increased or decreased? What has to take place to convince a judge that a modification is in order? Watch this video featuring Macomb County lawyer Jacob Femminineo for insight into this complex matter.