The new tax overhaul will remove a 75-year-old tax deduction for alimony payments. The new rule will not affect anyone who divorces prior to 2019; however, it will certainly change divorce negotiations.

What’s changing? Currently, the spouse paying alimony can deduct it from their taxes and the spouse receiving the alimony pays taxes on it. The idea is that the payer is generally in a higher tax bracket. Thus, with the alimony deduction, they are paying less tax. The payee is generally in a lower tax bracket, and pays less tax on the income received. The current setup preserves more money amongst the ex-spouses. The new rules will result in alimony recipients receiving 10-15% less than what they would receive under the current law, and more money to be paid in taxes.

For more information on the consequences of the tax changes, contact SMDA, PC at (586) 264-3756.

While the overall divorce rate is decreasing, the divorce rate for people over the age of 50 has increased from 1 in 10 to 1 in 4.

MarketWatch created a checklist to help mitigate the financial risk associated with divorce over age 50. Below is a list of items to consider, prior to filing for divorce:

1.) The family home. Should either party keep the home, can one person alone take care of the costs and potential repairs?

For 2018, the estate tax exemption has increased to $5.6 million per individual, increased from $5.49 million in 2017. Thus, a married couple will be able to shield $11.2 million from federal estate and gift taxes.

The annual gift tax exclusion has finally increased to $15,000, after remaining at $14,000 since 2013.

For more information about the estate and gift tax limits, contact SMDA, P.C. at (586) 264-3756.

The grounds for annulment in Michigan are as follows:

1.) Prior spouse of a party: a marriage is void if it is performed while one of the parties is currently married to someone else.

2.) Relationships of consanguinity and affinity: marriages between parties related within certain degrees of consanguinity or affinity are prohibited (i.e. mother and son, brother and sister, etc.)

In Rolley v. Rolley, an Indiana Court was faced with the issue of child support modification, when the parties had deviated from the child support guidelines. When Father and Mother divorced, they reached an agreement regarding child support that substantially deviated from what would be ordered by applying the Indiana Child Support Guidelines. Later, Mother petitioned to modify Father’s child support obligation. The trial court granted the motion and modified Father’s support requirements. Father appealed, arguing that agreed child support terms cannot be modified absent a substantial and continuing change in circumstances that renders those terms unreasonable. The Court of Appeals affirmed. The Supreme Court granted transfer, adopted the portion of the Court of Appeals’ opinion that addresses the available grounds for modification, and summarily affirmed the portion of the Court of Appeals’ opinion addressing the trial court’s calculation of Father’s support obligation. Thus, the Court determined that the standard for modification was not only a substantial and continuing change, but also the timing and amount of the deviation.

Child support is based upon a formula that takes into consideration the incomes of both parties, the amount of overnights the payor has with the child, health care costs, child care costs, and tax exemptions.

Child support is generally paid through the Friend of the Court, which will keep track of, and enforce, child support obligations.

For more information on child support, contact the attorneys at SMDA, P.C.

It is important to comply with your parenting time order at all times. Please keep in mind that holiday parenting time differs from your regularly scheduled parenting time. Holiday parenting time will “trump” your regular parenting time schedule.

If the other parent is refusing to allow you to see your child, you have several options to enforce your parenting time order:

1.) Many police departments will tell you to deal with the situation though the court; however, some police officers will escort you to the other parent’s house, and ensure that the child is with the correct parent, pursuant to your court order, or 2.) You can file an emergency ex-parte order to show cause. A show cause hearing will require the non-cooperating parent to explain to the court why they should not be held in contempt of court, for failing to comply with the court order.