QUESTION

How long does a divorce take? Is my wife's income considered in determining child support?

Asked on Mar 27th, 2013 on Divorce - Michigan
More details to this question:
My wife and I have a seven year old daughter. Do we establish a custody agreement first and support? Her income is much greater than mine. Is that considered in determining support? How long does a divorce take?
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8 ANSWERS

Family Law Attorney serving Temecula, CA at Landon Rainwater Robinson LLP
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How long it takes is up to the parties. If you cannot agree on issues and rely on the court it will take many months or longer. Your status will however not change until at least 6 months and 1 day from when the papers were filed. Child support is calculated by using a support calculation. Both parties income is used along with percentage of time each parent has the kids a long with other information. There are free online support calculators you can use to get an idea of what support will be.
Answered on Mar 28th, 2013 at 5:41 AM

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John Arthur Smitten
If you both agree it can be reduced to writing and done in 30 days, if you litigate it could take a year.
Answered on Mar 27th, 2013 at 3:39 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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A divorce takes as long as it takes. In Idaho, it could be as quick as 20 days if both parties agree. With children, probably more like 45 days because of classes that have to be taken. Also, both parties incomes and custody time are considered in determining child support.
Answered on Mar 27th, 2013 at 2:22 PM

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How long a dissolution takes depends upon the issues to be decided, the ability of the parties to come to agreement on the issues and how busy the court is where any contested matters must be heard. Both parents income is taken into account when setting child support along with the amount of time the children spend with each parent.
Answered on Mar 27th, 2013 at 11:57 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Yes, her income is taken into account when the child support obligation is calculated. In Michigan, with the minor child, it will take at least 60, but more probably 180 days, to actually get an uncontested divorce.
Answered on Mar 27th, 2013 at 10:32 AM

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The time frame for completing a divorce is highly dependent on the attitudes of the parties involved. If the parties have reached an acceptance that they will not reconcile, are reasonable in dividing their property and debts, and most importantly, are adults who agree their children are their children, not pawns to exert control over the other party, ending a marriage can be a fairly quick and relatively painless process. Conversely, if there is a never give an inch attitude, and it does happen, the process can move far more slowly. The income of both parties are relevant to child support, as is the amount of time each parent will have physical custody of the children. The initial custody and support is sometimes established through a separate maintenance agreement, if the decision to end the marriage is not yet firm. Where dissolution of the marriage is definitely going to occur, the parties can, by agreement or via a contested hearing, establish temporary support and custody decisions. The temporary orders will control the issues until the dissolution of marriage decree is in place.
Answered on Mar 27th, 2013 at 10:32 AM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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A divorce with kids takes a MINIMUM of 6 months per Michigan law.Yes your wife's income is taken into account in calculating child support. Its a standard set formula that depends upon each others income and the number of overnights in a year you each have with the child. If you can agree on the basics (# of overnights, who has legal and physical custody shared or sole) and property division (including all financial accounts such as retirement accounts) then a divorce is not too rough.. otherwise it can get very messy I would recommend you find a good divorce attorney.
Answered on Mar 27th, 2013 at 10:30 AM

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In Michigan, a divorce with minor children has a statutory 6 month waiting period, although this can be waived in some cases. All issues will be determined during this process including support. Both parties incomes will be factored into the calculation for child support. Talk to an attorney to discuss these issues further and determine your options.
Answered on Mar 27th, 2013 at 10:23 AM

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