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According to the National Center for Missing & Exploited Children there were 456,676 entries for missing children in 2016 about ½ of all of the entries involve parental kidnapping. The NCMEC reports 203,000 children are victims of parental kidnapping. The law is clear, parental kidnapping is a serious crime. In this article, we will examine parental[…]
On December 7, 2017, the Michigan Court of Appeals issued an opinion regarding a father’s claim for attorney fees in a Michigan family law case. In the case of Girdis v. Girdis, the mother took an appeal of the trial court’s ruling granting the father attorney fee. The award of attorney fees was in response[…]
Senate and House republicans recently reached an agreement on the final tax bill which was signed by President Trump today. The impact of tax reform and divorce law may be significant.
The tax reform law goes into effect on January 2018. However, as everyone knows we file taxes in April for the prior tax year so most won’t feel the impact of tax reform and divorce until April 2019 when 2018 income taxes are due.
Under current law (IRC 71 and IRC 215), former spouses who pay alimony can deduct the expense from their federal income taxes and former spouses must claim the money as taxable income. Like water and vinegar tax reform and divorce will not mix very well because tax reform eliminates the tax deduction for alimony payments.
Many Michigan divorce cases include an award of alimony, especially in circumstances where there is a large disparity of income. Since the person paying alimony is typically in a higher tax bracket than the person receiving alimony, the taxes paid by the alimony recipient are less than the tax deduction awarded to the person paying alimony. According to Forbes magazine, the alimony provision is projected to raise about 8 billion in tax revenue over 10 years. This equates to 100 million dollars in lost tax exemptions per year for persons paying alimony.
The impact of tax reform and divorce on alimony
Law makers considered the tax deductibility of alimony a divorce subsidy, however, the impact on a dependent spouse can be huge. In every marriage there are limited marital resources to divide and for many dependent spouses, child support, and alimony are the primary sources of income until they can get back into the workforce. The loss of the tax deduction on alimony will mean there is less money available to pay alimony (think after tax dollars vs. pre-tax dollars).
As Forbes magazine stated. “[When] the Tax Cuts and Jobs Act takes effect, it would clearly make a difficult and painful experience more difficult and more painful.”
At Findling Law, we will rise to the occasion and find creative alternatives to remedy this situation and limit the impact of tax reform and divorce. That’s what we do and that’s what we have always done.
On December 12, 2017, in the case of Ludwig v. Ludwing, the Michigan Court of Appeals issued an opinion for publication which is a pretty big deal. Unlike an unpublished opinion which is advisory, published opinions must be followed by every trial court in Michigan. The opinion determined that Court ordered therapy between a parent[…]
The formal Michigan divorce process – Divorce Steps: In Michigan, a divorce follows a formal process. It is important to note that a case can settle at any time during the divorce process. The statutory waiting period for a divorce with and our Michigan divorce attorneys understand the steps and can help you navigate the[…]
It is easy to get lost in the trees when you should be focusing on the forest. However, we recognize that some people like the nitty gritty details which is why we created the nitty gritty details series. The nitty gritty details series will focus on the technical side of Michigan divorce, custody and support[…]
When a court enters an order, the power to enforce the order is by a finding of contempt of court and violating a court’s order is not a child’s game. Contempt of court is the willful failure to obey a court’s order and can be punished by a civil penalty (money), criminally (jail) and sometimes[…]
The Ghost of a Lawyer Future – A letter to the Newly Minted Attorney Kristina Bilowus, is an associate attorney at Findling Law and adjunct professor at Western Michigan University Cooley Law School. Kristina had the honor of being published in the November 2017 Michigan Bar Journal, a publication by the State Bar of Michigan.[…]
In the case of Szcygiel v. Szcygiel, the husband challenged the trial court’s finding that a home acquired by the parties during the marriage by an inheritance was his wife’s separate property. The parties married in 1980 and had two children. The marital home was on one acre in Kingston, Michigan. The wife’s parents lived[…]
On October 17, 2017, the Michigan Court of Appeals issued an opinion in the case of Jaroh v. Jaroh. After the parties signed a settlement agreement at mediation. However, before the court entered the Judgment of Divorce, the wife filed a motion to set aside the settlement agreement, claiming the terms were not fair, duress[…]
It is easy to get lost in the trees when you should be focusing on the forest. However, we recognize that some people like the nitty gritty details which is why we created the nitty gritty details series. The nitty gritty details series will focus on the technical side of divorce, custody and support laws.[…]
Macomb County Circuit Court – Family Division: At Findling Law, we have the great privilege of appearing before divorce courts throughout the state of Michigan. One of these courts is the Macomb County Circuit Court. The Macomb County Circuit Court – Family Division is simply known as the Macomb County Divorce Court. The Macomb[…]
Sometimes the Court of Appeals refuses to make a decision and directs the trial court to do so before making a decision. Such was the outcome in the case of Karungi v. Ejalu, which is case involving custody of an embryo. Gloria Karungi and Ronald Ejalu are the parents of a daughter who was naturally[…]
On September 21, 2017, the Michigan Court of Appeals reviewed the case of Christopher Gucwa v. Maranda Lee. Miranda asked the Court of Appeals to review the dismissal of her Motion to change custody. A Motion is a term of art used in the legal profession to ask the court to do something and Miranda[…]
There are three types of legal separation in Michigan. The first type of legal separation in Michigan is called a Separate Maintenance Agreement. A Separate Maintenance Agreement is similar to a divorce. One party files a Complaint for Separate Maintenance with the court. Unlike a divorce were the court ends the marriage with a Judgment[…]
Regardless of whether you think that your life was better or worse before your divorce, you’re still left with a lingering set of emotions as you maneuver your way through the process. These emotions – this baggage – can be holding you back from finding happiness again. Consider how losing the emotional baggage can help[…]
In a recent report by ABC news, Rebecca Bredow indicated that she would “absolutely” rather go to jail than vaccinate her son. Her former husband, on the other hand wants to follow a regular vaccination schedule and she is refusing to do so. The American Academy of Pediatrics consider vaccinations safe, effective and the most[…]
In the case of Ali v. Ali, the husband took an appeal from the trial court’s decision to award the wife 80% of the value of the marital home. Why? Because the court found him at fault for lying to the court about his assets and income. While there is no requirement under Michigan law[…]
Oakland County Circuit Court – Family Division: At Findling Law, we have the great privilege of appearing before divorce courts throughout the state of Michigan. One of these courts is the Oakland County Circuit Court. The Oakland County Circuit Court – Family Division is simply known as the Oakland County Divorce Court. The Oakland[…]
On August 22, 2017, the Michigan Court of Appeals in the case of Roe v. Roe upheld the trial court’s decision to change child custody from the mother to the father. In the Roe case, the parties married in 2006, separated in 2010, and divorced in 2014. The father is a soldier in the United[…]
When a trial court is faced with a request to change child custody, it must first make a determination if there is proper cause or a change of circumstances since the last child custody order. If a court determines that there is proper cause or a change of circumstances then the trial court must conduct[…]
On July 20, 2017, in the case of Guiles v. Guiles, the Michigan Court of Appeals issued an opinion affirming a trial court ruling awarding the wife $3,000.00 in spousal support for 10 years. The Guiles case was a case of credibility. The trial court determined that the wife was more believable than the husband[…]
It just happens that one of the most common questions asked is the role of fault in a Michigan divorce and on July 18, 2017, the Michigan Court of Appeals addressed the issue in the case of Koch v. Koch. The Koch marriage began in 1987 and ended October 17, 2014. The parties had one[…]
Imagine getting divorced and learning you finally got that promotion. However, the promotion requires you to change your legal residence to California? Maybe the shoe is on the other foot. What if you just got divorced only to learn your ex wants to move to California? There is nothing illegal about changing legal residence. In[…]
A statute of limitations is a law that defines how long a person has to bring a legal action. In some cases, it simply is time to move on. For example, the current statute of limitations on unpaid child support is 10 years from the date the last payment is due. So, if your child[…]
Our goal is to achieve your goals. Qw are YOUR team of Michigan Divorce and Family Law Specialists.
Daniel J. DeBene
Mary Ann Joseph
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We know that life comes with uncertainty, and with change. Since 1957, Findling Law has been helping people navigate those changes without compromising principles. We practice exclusively in Michigan divorce and family law and are proud to bring you a team of exceptional attorneys who share in our core values. Our goal is to achieve your goals. We provide more free information about divorce and family law in Michigan than any other law firm in the state. Because you deserve to make educated decisions about your future. Take advantage of our free resources, then talk to us. We promise to help you navigate without compromise.
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