By: Carole L. Chiamp
If parties cannot agree on the amount and duration of alimony/spousal support, they must go to trial and have a trial judge determine how much alimony/spousal support is to be awarded and for how long it will be awarded. In an unpublished case, Smith v Smith, Michigan Court of Appeals unpublished opinion in 2012, Docket No. 309094, the appellate court said that even though a trial court may indicate limitations as to amount and length of time alimony/spousal support is to be paid, this is only presumptive. A change of circumstances allows either party to return to court for a modification.
Many couples, faced with future modifiability, would rather opt for certainty and agree to a sum payable for a certain length of time. If the parties agree in writing, then the alimony/spousal support is not modifiable.
Unpublished cases do not carry the weight of law but can be instructive for the trial judges.
Tuesday, July 29, 2014
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