Results 1 to 6 of 6

Hybrid View

  1. #1
    Join Date
    Jan 2010
    Location
    Michigan
    Posts
    3

    Question Non-Modifiable Support in Michigan

    My question involves divorce in the State of: Michigan

    According to my copy of judgement, I agreed to pay spousal support in the amount of 17.81% of my Military Retirement. We were married for 7 years of my 20+ years of service. I recieve compensation in the form of monthly payments due to my retirement from military service.

    The judgement states it is non-modifiable and I have to pay this amount for the rest of my life. Payments cease only when I die. I questioned my attorney regarding the fact that 7 years shouldn't equate to a lifetime of payments and he simply stated that it should have been brought up during the proceedings. When I mentioned to him that I attempted to discuss it with him, he shrugged it off.

    Is it possible to modify this even though it states non-modifiable in the state of Michigan?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Non-Modifiable Support in Michigan

    We're either talking about a consent judgment where you agreed to all of the terms, or a divorce judgment that you've chosen not to appeal. Either way, as your lawyer said, it was something that needed to be addressed in a timely manner within the court system.

    This is actually spousal support, or is it her share of your pension?

  3. #3
    Join Date
    Jan 2010
    Location
    Michigan
    Posts
    3

    Default Re: Non-Modifiable Support in Michigan

    Her attorney attempted to call it her share of my retirement, however, my attorney changed the verbage to spousal support and she agreed. It is MY military retirement and I was told it could not be modified...but as stated, I feel as if my attorney just changed the verbage to satisfy the need to get the divorce over with for her and her attorney.

    My question is whether it could modified or not. As I mentioned, we were married in June of 96' and she filed for divorce in December of 07'. I completed my military service in 03' so there was 7 years of our marriage that we were together while I served in the marine Corps. During this time, she attended college full time and received her Masters in Counselling in 05'.

    It states that this support does not stop if she co-habitates or is remarried. It only ceases upon my death. If this is the case, why can it not be modified?

    Thank you.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Non-Modifiable Support in Michigan

    If the parties to a divorce case agree that the right to modify spousal support is expressly waived as part of a consent judgment, they can expect to be held to their bargain.
    Quote Quoting Staple v Staple, 241 Mich App 562; 616 NW2d 219 (2000)
    We hold, as did the Nichols, Karon, Varn, and DuValle courts, that the statutory right to seek modification of alimony may be waived by the parties where they specifically forgo their statutory right to petition the court for modification and agree that the alimony provision is final, binding, and nonmodifiable.

  5. #5
    Join Date
    Jan 2010
    Location
    Michigan
    Posts
    3

    Default Re: Non-Modifiable Support in Michigan

    I would never have agreed to this if I had known I was paying for the rest of MY life an amount of my military service for 7 years of marriage to her. As stated, my attorney indicated it was spousal suport and I would claim it on my taxes as alimony paid and she would do the same as alimony received for tax purposes. This is to continue until my death and not for a certain period of time. Does this not allow any person to marry a military person and have rights to lifetime payments of thier military retirements, or portions thereof?

    Can anyone clarify what the follownig means: "Alimony In Gross As Similiar To Property"? If this alimony is terminated due to my death, or contingency, then is that alimony not considered permanent periodic alimony and not in gross and subject to modification?

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Non-Modifiable Support in Michigan

    =RAvendano;387565] Does this not allow any person to marry a military person and have rights to lifetime payments of thier military retirements, or portions thereof?
    No. It simply means that if you agreed to the terms, expect to be held to the terms. That is very different that taking the persons military pension just because it is a military pension.

    These are terms you allowed to be inserted in your divorce agreement and you agreed to abide by the terms of your agreement which the judge then entered as an order.


    Do not mistake your mistake for a general problem within the law.


    The only person it would appear you might (and I say "might" in the most loosely considered terms possible) have any grievance (and note, I stated "grievance", not action or claim) with is your attorney. He had a fiduciary duty to you and if he failed to fulfill those duties, he might be able to be held liable for damages but that is a really big stretch to even consider, let alone prove and win.

    it appears you are not going to win the battle you are currently fighting though.

    1. Sponsored Links
       

Similar Threads

  1. Spousal Support and Alimony: How Non-Modifiable is Non-Modifiable
    By domnule in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 03-12-2011, 01:56 PM
  2. Spousal Support and Alimony: Non-Modifiable Spousal Support in Illinois
    By Mr Mike in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 02-17-2011, 08:47 AM
  3. Spousal Support and Alimony: Non-Modifiable Divorce Settlement
    By Quest in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 12-30-2010, 08:20 AM
  4. Spousal Support and Alimony: Non-Modifiable Spousal Support
    By jrainey4110 in forum Divorce, Annulment and Separation
    Replies: 3
    Last Post: 06-11-2009, 08:43 AM
  5. Spousal Support and Alimony: Non-Modifiable Spousal Support
    By cissycicle in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 05-24-2008, 11:15 AM
 
 
Sponsored Links

Legal Help, Information and Resources