WSJ Readers Respond Emotionally to Article on Alimony

Alimony, now known as spousal support here in Michigan, is one of those topics in family law that elicits an emotional response from nearly everyone.  In tough economic times, most people have a gut reaction to the concept of paying financial support for an ex-spouse. 

Whether alimony is appropriate, however, is a fact-specific analysis, with each family bringing much different facts into court and into the equation.  A recent WSJ article by Jennifer Levitz takes an anecdotal look at the concept of alimony.  Her readership posted 175 emotionally-charged comments to the article on this apparently sore subject.

Levitz's article focused on the inequities that can result from alimony awards when years pass, and circumstances change.  The article also noted that many states, (Ohio, Pennsylvania, Massachusetts, Oklahoma, Florida, Arizona, and North Carolina, among them), are considering legislation to limit alimony.  Some of the states have activitst groups (with memberships of "burned" former spouses, no doubt) that have hired lobbyists for the task.

In Michigan, spousal support is alive and well; but it's not your Grandfather's alimony.  Unlike child support which is calculated by a formula using the inputs of the relative incomes of the parents, and the number of overnight parenting sessions with the "non-custodial" parent, alimony is always negotiable.

Significant considerations include whether spousal support is forever barred, or whether it is awarded and, if so, whether the award is modifiable.  In some cases, it makes sense to bargain for the certainty of non-modifiable alimony; the payor knows what he's in for, and for how long.  Other cases call for a compete ban on alimony, either because each spouse is professionally equal, the marriage was of relatively short-term, or because the property division favored the "lesser-earning" spouse.

These are all considerations one must take into account as a divorce proceeds toward judgment.

If you are facing a divorce that may include some of these issues, contact our firm to discuss your options.  We can provide you with immediate peace of mind with sound legal advice based on your specific circumstances.

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Contempt of Family Court Orders Can Result in Jail - Lots of It

A recent Michigan Court of Appeals decision highlights the powers family court judges have in enforcing their orders.

In Powers v Powers, the Wayne County Family Court jailed a Massachusetts woman for her refusal to abide by a series of parenting orders.  She was given the option of paying more than $4000 in sanctions that had built-up in the case, or serve two days in the Wayne County Jail. 

This case, and hundreds like it across the state, highlight the power of family court judges to govern family actions once the court has jurisdiction over the family members.

The appellant's assertion that a court's powers of contempt were criminal and thus, could not be exercised in family court was rejected by the Court of Appeals.

This past summer, perhaps the most striking example of a family court's contempt powers gained national attention.  A Philadelphia, PA corporate attorney spent 14-years, yes that's Fourteen Years, in jail on a contempt charge based on his failure to pay his ex-spouse 2.5 million in a divorce settlement.  More details on this interesting use of a family court's contempt powers, along with commentary, is attached in this link. 

There has long been a debate among attorneys regarding the contempt powers of family court judges.  These powers are particularly disruptive/intrusive in matters of custody and parenting time.  Most family court judges mete out contempt punishments sparingly, and as a last resort.  Often, family law attorneys counsel clients in ways that avoid the drama of contempt proceedings and show cause hearings.  Sometimes, however, a party needs to be forced back to the fold.

If you would like your divorce judgment reviewed, or go over other options you may have based on the family court orders entered in your case, contact our office.

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