After a divorce or separation, spouses will have to decide on the division of assets, child support, and alimony. Alimony, also referred to as spousal support, is a designated amount of money that one spouse pays to the other after a divorce, usually monthly. These payments are designed to help the lower-earning spouse financially support themselves for a time after the divorce. If you can no longer afford to make your alimony payments, you may be able to petition a court to alter the divorce agreement. For more information and to work with an experienced attorney, contact an Oakland County alimony lawyer.
How is Alimony Calculated?
There is no specific formula for determining how much alimony is owed in Michigan. Spousal support is calculated on a case-by-case basis and considers multiple factors. If you and your spouse can come to an agreement on your own, you can decide who will pay alimony and how much. Otherwise, a Michigan court will decide based on:
- The length of the marriage
- Each spouse’s income and earning capacity
- The age of each spouse
- The reason for the divorce
- If there are any children involved and how old they are
- The couple’s lifestyle during their marriage
What if I Can’t Afford the Alimony Payments?
The number that the court determines for spousal support payments should be fair considering it is based heavily on the income of both parties and considers a variety of factors. However, sometimes people’s situations change and after a time you may no longer be able to afford the previously agreed upon payments.
Fortunately, your alimony payments can be modified as circumstances change. If you cannot afford the payments anymore you can petition the court to adjust the amount or frequency of the spousal support. You will have to bring new financial records to the court to prove that you can no longer keep up with the payments, whether you lost your job or have new financial responsibilities. If the court agrees that the designated amount is no longer fair to you, they may decrease or even terminate your financial responsibility to your ex.
What Happens if I Don’t Make My Payments On Time?
Refusing or neglecting to pay alimony is a crime in Michigan and can result in severe consequences. Garnishing wages is a common way to enforce alimony, where the employer withholds a certain amount for spousal support from the paying spouse’s paycheck.
If you neglect to pay you can also be considered in contempt of court. Depending on your situation, failure to pay the full amount on time can result in fines of up to $2,000 and imprisonment of up to 4 years.
The severity of the penalties for not making your payments is why it is vital that you request a modification if you can no longer afford your alimony payments.