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  1. #1
    Join Date
    May 2008
    Posts
    21

    Default Separation

    I live in Michigan and I am considering filing for separation. My husband is insisting that a judge will likely come down harsher on me than on him. He also says that I *might* get alimony but would only get it for like 2 years at most.

    Does anyone have any experience with separation in Michigan? Do judges tend to be more mom-friendly? What is the tendency with alimony and child support?

    Thanks so much for all the help.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Separation

    This is the same husband who was lying to you about your rights? It's time to stop listening to him.

    Child support in Michigan is set by formula. Child custody, when contested, is determined according to the state's best interest factors.

    Spousal support determinations are based upon statutory factors, but there's no statewide formula for determination of support. A couple of counties (I'm thinking of Oakland and Washtenaw) have pretty evolved formulas for setting child support, and those are sometimes used for guidance in other counties.

  3. #3
    Join Date
    May 2008
    Posts
    21

    Default Re: Separation

    That's part of it. He says that he's going to contest my getting the kids as he'd like to have them both himself. I live in Monroe county... I don't know if that helps at all with formulas for spousal support.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Separation

    Considering that you have been at home with your children for the past 7 years and homeschooling your eldest, he's going to have a hard time proving that it is in the best interests of the children for him to be awarded custody.

    The courts don't look favorably upon uprooting children and disrupting their routines. Unless he has an immediately necessary and highly compelling reason to do this - and no, "My mother will take care of them!" is neither immediately necessary nor compelling - he's going to have a rough go of it.

    Michigan Custody Guidelines are here.

    With respect to child support formulas, it's going to depend on when you file for Separate Maintenance. If you file before September 30th of this year, the 2004 formulas are to be used. After September 30th, the 2008 formulas apply.

    The formulas, manuals and calculation software are available here.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Separation

    The child support formula has been updated between 2004 and the present; but the updates have (for no good reason) not been made available online.

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