Support security – Securing the future payment of support: By Daniel Findling – Divorce always involves change and an important change in almost every Michigan divorce or legal separation in Michigan is financial.
For many, child support payments and alimony payments (spousal support) are an important financial component in moving forward after a divorce or legal separation in Michigan, balancing the needs of the parties with the needs of the children and providing the financial means to move forward. Support security can help insure that the money is there for you when you need it.
As a general rule, it costs more to support two households on the same income as it does one. Support security is security for the future payment of child support in Michigan or spousal support in Michigan is an important factor in preserving the standard of living of the beneficiary in case the payor dies, looses his/her job or dissipates the marital estate (goes broke!)
Every divorce in legal separation in Michigan should consider support security to secure the future payment of support and there are specific strategies to consider in doing so under Michigan divorce law and Michigan legal separation law. Consider the following ways to obtain support security:
- Life Insurance to secure support: The most common strategy in a Michigan divorce or Separation in Michigan is for support security is for the payor to purchase life insurance and name the recipient as a beneficiary. The amount of the policy should be equal to or greater than the total of the outstanding child support and/or alimony (spousal support) in Michigan divorce and Michigan Separate Maintenance Agreements. It is important that the parent and not the child(ren) be named as the beneficiary. Parents are owed child support and alimony, not children.
- Lien to secure support: Another strategy in a Michigan divorce or Separation in Michigan for support security is to record a Judgment lien. Michigan Compiled Laws section 552.27 provides that alimony and child support constitutes a lien on the real and personal estate of the adverse party. Recording a lien or otherwise placing a stakeholder on notice can secure the future payment of child support in Michigan or alimony in Michigan (spousal support).
- Lien on real property: Michigan Compiled Laws section 600.2805 allows the recording at the register of deeds a lien on real property, preventing the refinancing or sale of property without first satisfying past due support obligations.
- Purchase an annuity: In higher asset cases or some cases were unusual monies are involved such as lawsuit proceeds or gambling proceeds, an annuity or other investment can be used as support security for the future payment of child support or alimony in Michigan. The investment is purchased by the payor and can be used to pay support or held in trust in other cases.
If you have questions on support security, securing the future payment of child support in Michigan, Alimony in Michigan (spousal support), Michigan divorce or other family law issues. Our Michigan divorce attorneys are here to help. We understand Michigan law and can help you manage your situation, provide counsel and solid legal advise, allowing you to move forward.
About Findling Law
I have been exclusively practicing divorce and family law in Michigan for over two decades. The attorneys at Findling Law all share the core value of practicing law to help people navigate change in their lives, without compromising principles. We specialize in high socio-economic, high-profile and high-conflict cases, while also working with clients of all backgrounds. We recognize that the most important aspect of the practice of law is the application of the law to your specific circumstances.
That is why we provide more free information on divorce and family law than any other Michigan law firm. We want to help you manage your situation. Allow our exceptional legal team to help you navigate the change in your life, without compromising principles.
We want to help you manage your situation. Let our exceptional legal team help you . . .
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By: Daniel Findling