Guide to Spousal Support in Michigan
What are Different Types of Spousal Support in Michigan?
As in most other states, spousal support in Michigan may result in different kinds of payments. A judge is required to state the final ruling on spousal support in Michigan unless the two parties agree on a settlement outside of court. Normally, a judge will award one or multiple types of following spousal support In Michigan:
1) Interim Support- this type of spousal support in Michigan is awarded to a spouse during the pre-trial periods if a court is confident that spouse will need support in the end.
2) General Support- this type of maintenance occurs when the assisted spouse has a much lower income than the other spouse. This measure allows both parties to maintain a reasonable standard of living after the finalization of the divorce.
3) Transitional Support- this type of maintenance may be awarded to help the spouse become self-supportive by paying for educational and vocational costs. This type of maintenance can also be used for rehabilitation services such as counseling.
4) Reimbursement Support- this is awarded to a supported spouse if they made significant payments to further the other spouse’s education or salary. If the supporting spouse made unreasonable expenditures during the marriage, they may have to reimburse the other spouse through this type of support as well.
How is Spousal Support in Michigan Calculated?
The state of Michigan cannot use a standard or unique calculation for spousal maintenance. As a result of the Myland v. Myland Michigan case in 2010, the court determined that all spousal maintenance must be established by a judge. Two spouses may agree to reach a settlement outside of court, but a judge will use the provisions stated in Section 691.1302 Definitions: Revised Structured Settlement Protection Act in order to calculate spousal maintenance within a hearing. The judge may consider any other conditions within the marriage as well.
The provisions listed in Section 691.1302 are as follows:
Spousal support in Michigan may change because of the party’s “imminent financial hardship.” The hardships listed below will change the amount of spousal support in a manner the court deems appropriate:
1) The cost of medical care for the supporter’s minor dependents or a significant change in medical costs for the supporter.
2) The supported party needs a significant change in living quarters if the housing is too small, unsanitary, or in a bad neighborhood.
3) The supported party needs to purchase a vehicle in order to travel to their place of employment or because of transportation for the children. If the supported party has transportation and simply wants a better vehicle, this hardship won’t be considered.
4) The supported party needs to seek more education or vocational skills in order to become more marketable or even become self-supportive.
5) The supporting party has acquired significant debt from paying for child support, spousal support, tax liens, funeral expenses, or a judgment in the past.
How Can I find forms for Spousal Support forms for Michigan?
You can find all divorce forms on Michigan’s official government website for the state courts. The particular form that addresses spousal support in Michigan is FOC 10b under the 13 Uniform Spousal Support Order statutes. You will have to submit this form along with other forms to the County Clerk.